Ordinance No.: 04-05
WHEREAS, CH. 221 TEXAS LOCAL GOVERNMENT CODE, the Municipal
Zoning Authority, specifically authorizes zoning function and procedure
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 CROSBYTON,
that the following Historic Landmark and District Zoning Ordinance
is hereby adopted as part of the comprehensive zoning plan, pursuant
to CH. 221 TEXAS LOCAL GOVERNMENT CODE.
The City Council of Crosbyton hereby declares that as a matter
of public policy the protection, enhancement, and perpetuation of
landmarks or district[s] 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 Crosbyton
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 Crosbyton’s historic, architectural, and cultural
heritage;
(b)
foster civic
pride in the accomplishments of the past;
(c)
protect
and enhance Crosbyton’s attractiveness to visitors and the support
and stimulus to the economy thereby provided;
(d)
insure the
harmonious, orderly, and efficient growth and development of the village/town/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.
(Ordinance 04-05 adopted 4/19/2005)
There is hereby created a commission to be known as the Crosbyton
Historic Preservation Commission.
(a)
The Commission
shall consist of members to be appointed, to the extent available
among the residents of the community, by the (mayor, council, commission)
as follows.
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These are possible representatives. at least one shall be a
historian;
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at least one shall be a licensed real estate broker;
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at least one shall be an attorney;
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at least one shall be an owner of a landmark or
of a property in a historic district;
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at least one shall be a member of the Crosbyton
County Historical Commission;
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(b)
All Commission
members, regardless of background, shall have a known and demonstrated
interest, competence, or knowledge in historic preservation within
the town of Crosbyton.
(c)
The Commission
as a whole shall represent the ethnic makeup of the village/town/city.
(d)
Commission
members shall serve for a term of at least two years, with the exception
that the initial term of three members shall be two years, and three
members shall be three years.
(e)
The Chairman
and Vice-Chairman of the Commission shall be elected by and from the
members of the Commission.
(f)
The Commission
shall be empowered to:
(i)
Make
recommendations for employment of staff and professional consultants
as necessary to carry out the duties of the Commission.
(ii)
Prepare
rules and procedures as necessary to carry out the business of the
Commission, which shall be ratified by the City Council.
(iii)
Adopt
criteria for the designation of historic, architectural, and cultural
landmarks and the delineation of historic districts, which shall be
ratified by the City Council.
(iv)
Conduct
surveys and maintain an inventory of significant historic, architectural,
and cultural landmarks and all properties located in historic district[s]
within the village/town/city.
(v)
Recommend
the designation of resources as landmarks and historic districts.
(vi)
Create
committees from among its membership and delegate to these committees
responsibilities to carry out the purposes of this ordinance.
(vii)
Maintain
written minutes which record all actions taken by the Commission and
the reasons for taking such actions.
(viii)
Recommend conferral of recognition upon the owners of landmarks or
properties within districts by means of certificates, plaques, or
markers.
(ix)
Increase
public awareness of the value of historic, cultural, and architectural
preservation by developing and participating in public education programs.
(x)
Make
recommendations to the village/town/city government concerning the
utilization of state, federal, or private funds to promote the preservation
of landmarks and historic districts within the village/town/city.
(xi)
Approve
or disapprove of applications for certificates of appropriateness
pursuant to this act.
(xii)
Prepare
and submit annually to the (mayor/council/commission) a report summarizing
the work completed during the previous year.
(xiii)
Prepare specific design guidelines for the review of landmarks and
districts.
(xiv)
Recommend
the acquisition of a landmark structure by the village/town/city government
where its preservation is essential to the purpose of this act and
where private preservation is not feasible.
(xv)
Propose
tax abatement programs(s) for landmarks or districts.
(xvi)
Accept
on behalf of the village/town/city government the donation of preservation
easements and development rights as well as any other gift of value
for the purpose of historic preservation, subject to the approval
of the City Council.
(g)
The Commission
shall meet at least monthly, if business is at hand. Special meetings
may be called at any time by the Chairman (or mayor) or on the written
request of any two Commission members. All meetings shall be held
in conformance with the Texas Open Meetings Act, Texas Civil Statutes,
Article 6252-17.
(h)
A quorum
for the transaction of business shall consist of not less than a majority
of the full authorized membership.
(Ordinance 04-05 adopted 4/19/2005)
The (mayor, council, commission) or a designee shall appoint
a qualified town official, staff person, or appropriate resident of
the municipal entity to serve as historic preservation officer. This
officer shall administer this ordinance and advise the Commission
on matters submitted to it. In addition to serving as representative
of the Commission, the officer is responsible for coordinating the
town’s preservation activities with those of state and federal
agencies and with local, state, and national nonprofit preservation
organizations.
(Ordinance 04-05 adopted 4/19/2005)
(a)
These provisions
pertaining to the designation of historic landmarks constitutes a
part of the comprehensive zoning plan of the City of Crosbyton.
(b)
Property
owners of proposed historic landmarks shall be notified prior to the
Commission hearing on the recommended designation. At the Commission’s
public hearing, owners, interested parties, and technical experts
may present testimony or documentary evidence which will become part
of a record regarding the historic, architectural, or cultural importance
of the proposed historic landmark.
(c)
Upon recommendation
of the Commission, the proposed historic landmark shall be submitted
to the Zoning Commission within thirty (30) days from the date of
submittal of designation request. The Zoning Commission shall give
notice and conduct its hearing on the proposed designation within
forty-five (45) days of receipt of such recommendation from the Commission.
Such hearing shall be in the same manner and according to the same
procedures as specifically provided in the general zoning ordinance
of the City of Crosbyton. The Zoning Commission shall make its recommendation
to the City Council within forty-five (45) days subsequent to the
hearing on the proposed designation.
(d)
The City
Council shall schedule a hearing on the Commission’s recommendation
to be held within forty-five (45) days of receipt of the recommendation
of the Zoning Commission. The City Council shall give notice, follow
the publication procedure, hold hearing, and make its determination
in the same manner as provided in the general zoning ordinance of
the City of Crosbyton.
(e)
Upon designation
of a (building, object, site, structure) as a historic landmark or
district, the City Council shall cause the designation to be recorded
in the Official Public Records of Real Property of Crosbyton County,
the tax records of the City of Crosbyton, and the Crosbyton Appraisal
District as well as the official zoning maps of the City of Crosbyton.
All zoning maps should indicate the designated landmarks with an appropriate
mark.
(Ordinance 04-05 adopted 4/19/2005)
(a)
These provisions
pertaining to the designation of historic district constitute a part
of the comprehensive zoning plan of the City of Crosbyton.
(b)
Property
owners within a proposed historic district shall be notified prior
to the Commission hearing on the recommended designation. At the Commissioner’s
[Commission’s] public hearing, owners, interested parties, and
technical experts may present testimony or documentary evidence which
will become part of a record regarding the historic, architectural,
or cultural importance of the proposed historic district.
(d)
Upon recommendation
of the Commission, the proposed historic district shall be submitted
to the Zoning Commission within thirty (30) days from the date of
submittal of designation request. The Zoning Commission shall give
notice and conduct its hearing on the proposed designation within
forty-five (45) days of receipt of such recommendation from the Commission.
Such hearing shall be in the same manner and according to the same
procedures as specifically provided in the general zoning ordinance
of the City of Crosbyton. The Zoning Commission shall make its recommendation
to the City Council within forty-five (45) days subsequent to the
hearing on the proposed designation.
(e)
The City
Council shall schedule a hearing on the Commission’s recommendation
to be held within forty-five (45) days of receipt of the recommendation
of the Zoning Commission. The City Council shall give notice, follow
the publication procedure, hold hearings, and make its determination
in the same manner as provided in the general zoning ordinance of
the City of Crosbyton.
(f)
Upon designation
of a historic district the City Council shall cause the designated
boundaries to be recorded in the Official Public Records of real property
of Crosbyton County, the tax records of the City of Crosbyton and
the Crosbyton Appraisal District as well as the official zoning maps
of the City of Crosbyton. All zoning maps should indicate the designated
historic district by an appropriate mark.
(Ordinance 04-05 adopted 4/19/2005)
A historic landmark or district may be designated if it:
(a)
Possesses
significance in history, architecture, archeology, and culture[.]
(b)
Is associated
with events that have made a significant contribution to the board
[broad] patterns of local, regional, state, or national history.
(c)
Is associated
with events that have made a significant in our past [sic].
(d)
Embodies
the distinctive characteristics of a type, period, or method of construction.
(e)
Represents
the work of a master designer, builder, or craftsman.
(f)
Represents
an established and familiar visual feature of the neighborhood/ village/town/city.
(Ordinance 04-05 adopted 4/19/2005)
No person shall carry out any construction, reconstruction,
alteration, restoration, rehabilitation, or relocation of any historic
landmark or any property within a historic district, nor shall any
person make any material change in the light fixtures, signs, sidewalks,
fences, steps, paving, or other exterior elements visible from a public
right-of-way which affect the appearance and cohesiveness of any historic
landmark or any property within a historic district.
(Ordinance 04-05 adopted 4/19/2005)
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.
(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 [an] 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 [from] 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 not be undertaken.
(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.
(Ordinance 04-05 adopted 4/19/2005)
(a)
Prior to
the commencement of any work requiring a certificate of appropriateness
the owner shall file and [an] application for such a certificate with
the Commission. The application shall contain:
(i)
Name,
address, telephone number 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.
(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 in 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 village/town/city of Crosbyton.
(c)
The Commission
shall review the application at a regularly scheduled meeting within
sixty (60) days form [from] the date the application is received,
at which time an opportunity will be provided for the applicant to
be heard. The Commission shall approve with modifications the permit
within forty-five (45) days after the review meeting. In the event
the Commission does not act within ninety (90) days of the receipt
of the application, a permit may be granted.
(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 (30) 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.
(Ordinance 04-05 adopted 4/19/2005)
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 inspector or other
city official) without the review of a completed application for a
certificate of appropriateness by the Commission, as provided for
in Section 7, 8 and 9 of the ordinance.
(Ordinance 04-05 adopted 4/19/2005)
(a)
After receiving
written notification from the Commission of the denial of certificate
of appropriateness, an applicant may commence the hardship process.
No building permit or demolition permit shall be issued unless the
Commission makes a finding that hardship exists.
(b)
When a
claim of economic hardship is made due to the effect of this ordinance,
the owner must prove that:
(i)
the
property is incapable of earning a reasonable return, regardless of
whether that return represents the most profitable return possible;
(ii)
the
property cannot be adapted for any other use, whether by the current
owner or by a purchaser, which would result in a reasonable return;
and
(iii)
efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(c)
The applicant
shall consult in good faith with the Commission, local preservation
groups and interested parties in a diligent effort to seek an alternative
that will result in preservation of the property. Such efforts must
be shown to the Commission.
(d)
The Commission
shall hold a public hearing on the application within sixty (60) days
from the date the application is received by the (building inspector,
preservation officer). Following the hearing, the Commission has thirty
(30) days in which to prepare a written recommendation to the (building
inspector or other official). In the event that the Commission does
not act within ninety (90) days of the receipt of the application,
a permit may be granted.
(e)
All decision[s]
of the Commission shall be in writing. A copy shall be sent to the
applicant by registered mail and a copy filed with the village/town/city
clerk’s office for public inspection. The Commission’s
decision shall state the reasons for granting or denying the hardship
application.
(f)
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 thirty (30) 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.
(Ordinance 04-05 adopted 4/19/2005)
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 inspector 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 employee)
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.
(Ordinance 04-05 adopted 4/19/2005)
Nothing in this ordinance shall be construed to prevent the
ordinary maintenance and repair of any exterior architectural feature
of a landmark or property within a historic district which does not
involve a change in design, material, or outward appearance. In-kind
replacement or repair is included in this definition of ordinary maintenance.
(Ordinance 04-05 adopted 4/19/2005)
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
of exterior chimneys.
(d)
Deterioration
or crumbling of exterior stucco or mortar.
(e)
Ineffective
waterproofing of exterior walls, roof, or foundations, including broken
windows or doors.
(f)
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.
(Ordinance 04-05 adopted 4/19/2005)
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 ___________nor
more than ___________for each day the violation continues.
(Ordinance 04-05 adopted 4/19/2005)
A.
Use Regulations:
Land and building[s] in the Crosbyton Historic District may
be used for any purposes listed in the RS Retail Business and Service
Establishments as well as the following:
1.
Antique
shop and gallery.
2.
Bakery.
3.
Builders
supply. All materials must be inside a building.
4.
Bus Station.
5.
Cafeteria
or Restaurant without drive-in service facilities.
6.
[Reserved]
7.
Candy shop,
cake shop, drapery shop, handcraft shop and similar operation involving
the processing, preparation or fitting of articles and goods on the
premises for sale at retail only.
8.
City Offices,
such as Housing Authority, Chamber of Commerce and Courthouse.
9.
Cleaning,
dyeing and pressing pickup station and shop.
10.
Custom
personal service, such as tailor, shoe repair, barber or beauty shop,
health studio and travel consultant.
11.
Drug Store.
12.
Florist,
garden shop, greenhouse and lath house for display and sale of plants
and flowers.
13.
Job printing.
14.
Laundry,
automatic when equipped with self-service machines similar to those
customarily found in the home.
15.
Loft apartments.
16.
Museums
of various kinds.
17.
Newspaper
Printing.
18.
Nonprofit
Agencies/Organizations.
19.
Professional
and administrative offices including but not limited to doctors, dentists,
attorneys, architects, engineers, insurance, real estate, banks and
similar offices.
20.
Retail
stores and shops offering all types of consumer goods for sale.
21.
Storage
and repair of furniture and appliances when inside a building.
22.
Studios
of photographer, musician and artist.
23.
General
Provisions
a.
All uses
within this district shall be of wholesale or retail sales, service,
general or professional, or residential use.
b.
All businesses
shall be conducted entirely within a building, except that restaurants
shall be permitted outside dining areas/patios. Outside storage and/or
display of any type is prohibited.
c.
Any residential
use within this district must meet the provisions of the commercial
building code.
d.
All structures
shall be in keeping with the average value and construction of the
existing development in the area.
e.
Plan
review requirement: No construction permit, unless it is for interior
renovation only of an existing structure, shall be issued within the
H Crosbyton Historical District until a plan review as required by
this section has been completed and plans approved. The proponent
shall provide any items required for plan review.
f.
All warehousing
shall be in conjunction with on-premise retail and/or wholesale sales.
All supplemental storage shall be attached to or adjacent to the principal
building on this site and be subject to all requirements pertaining
to the principal building.
B.
Area Regulations:
Except as in hereinafter [sic] provided by Section 15 of the
Zoning Ordinance for Crosbyton, no building shall be erected, altered
or converted for dwelling purposes or any other main use permitted
in the district unless the following minimum lot area, dimensions
and yards are provided.
1.
Area of
Lot:
The minimum area of lot shall be the same as required
in the RS District.
2.
Width of
Lot:
The minimum width of lot shall be the same as required
in the RS District.
3.
Depth of
Lot:
The minimum depth of lot shall be the same as required
in the RS District.
4.
Required
Front Yard:
There shall be no front yard requirement.
5.
Required
Side Yard:
There shall be no side yard requirement.
6.
Required
Rear Yard:
There shall be no rear yard requirement.
7.
Maximum
Lot Coverage:
There shall be no lot coverage requirement.
C.
Parking Regulations:
Parking for the retail business and service establishments,
with the exception of residential uses, shall be in accordance with
the traffic rules and regulations as provided from time to time by
the City Council of Crosbyton, Texas.
1.
Off-street
Parking:
There shall be no off-street parking requirement.
D.
Height Regulations:
No building shall be erected to exceed two (2) standard stories
in height.
E.
Plan Review:
Persons developing property within
the Historic District are strongly encouraged to schedule a pre-application
conference with the planning department. Plans submitted under the
provisions of this section should convey the exterior design elements
of a development and illustrate the property’s relationship
to its surroundings. A complete set of documents shall include the
following information:
1.
Completed
project application form.
2.
Owner of
[or] representative’s name, address, phone and project title.
3.
Photographs
illustrating the condition of the property, including all facades
of any existing buildings.
4.
Site plans[,]
maps and/or elevation drawings of proposed structures. All submissions
should be to scale and illustrate.[:]
a.
All property
lines, north arrow and scale.
b.
All streets,
alleys, and easements, both existing and proposed.
c.
Architectural
character and use of materials, including mechanical equipment and
other visible items associated with the structure of development lot.
Illustrations should include:
d.
Location
and dimensions of buildings and structures.
e.
Building
height and setback form [from] adjacent right-of-way lines.
f.
Proposed
ingress and egress to property, and traffic flow and control.
g.
Off-street
parking and loading areas, including any additional information required
to calculate parking requirements.
h.
Type,
dimension, and character of screening.
i.
Location,
size and design of signs, existing, and proposed.
j.
Location,
height and design of outdoor lighting.
k.
Landscape
and irrigation plan for the development lot, including specifications
for hard-surface landscape materials.
5.
Other information
that will assist in the evaluation of site development is encouraged,
but not required.
F.
Plan review
process
1.
Prior to
issuance of a construction permit, complete plans as described in
section 16(E)(1)–(5) shall be submitted to the planning department.
The senior planner or his designated representative shall determine
by review of such plans whether the proposed development meets the
intent of this section and the “Crosbyton Historic District
Design Guidelines,” dated 2004, a copy of which is attached
hereto and incorporated in this ordinance as if fully set forth. Within
ten (10) working days of receipt by the planning department, both
the proponent and the building official will be informed in writing
of the senior planner’s decision including the need for review
by the urban design and historic preservation commission as described
in section 16(F)(2), or any conditions for approval. The senior planner’s
decision may be appealed in writing to the zoning board of adjustment
by the applicant or other interested person within thirty (30) days
of the written decision.
2.
If the senior
planner determines that the proposal contains unique circumstances
which cannot be accommodated by the standards of this zoning district
and the “Crosbyton Historic District Design Guidelines,”
the senior planner shall notify the proponent in writing and the plans
shall be placed on the next available agenda of the urban design and
historic preservation commission for recommendations. The commission
shall use this section and the design standards to determine whether
the development meets the intent of each and to make recommendations.
Factors to be considered by the commission in making their recommendation
and attaching conditions include: the extent to which the proposal
differs form [from] the design standards or the standards of the ordinance,
the impact of these modifications on existing and future development
in the area, and the public purpose to be served by permitting the
requested modifications.
3.
Upon recommendation
by the commission, the senior planner may vary the requirements of
the design standards so long as the requirements of section 16, even
if recommended by the commission, must be approved by the zoning board
of adjustment. The commission shall provide its recommendations in
writing to the applicant and to the zoning board of adjustment.
(Ordinance 04-05 adopted 4/19/2005)
