This ordinance shall be known and may be cited as "Historic
Preservation Districts Ordinance, City of La Grange, Fayette County,
Texas."
(Ordinance 09-10 adopted 10/12/09)
This historic preservation districts ordinance is intended to
achieve the following policy goals:
A. Protect, enhance,
and perpetuate downtown Historic Landmarks which represent or reflect
distinctive and important elements of the City's and State's architectural,
landscape architectural, archeological, cultural, social, economic,
ethnic and political history, and to develop an appropriate setting
for such places.
B. Safeguard the
downtown's historic and cultural heritage, as embodied and reflected
in such historic landmarks by appropriate regulations.
C. Stabilize and
improve property values in the downtown area.
D. Foster civic
and cultural pride in the beauty and accomplishments of the past.
E. Protect and
enhance downtown 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 and Historic Places for the culture, prosperity,
education, and general welfare of the people of the City and visitors
to the City. and
H. Provide a review
process for the continued preservation and appropriate development
of the City's historic resources.
(Ordinance 09-10 adopted 10/12/09)
A. Appurtenance.
A feature related to a parcel of land or to a building, structure,
object, site, or a related group thereof. The term includes, but is
not limited to, buildings, structures, objects, sites, landscaping
features, walls, fences, light fixtures, steps, paving, sidewalks,
shutters, awnings, and signs.
B. Certificate
of Appropriateness.
A document evidencing the approval
of the Main Street Design Committee and Main Street Advisory Board,
signed and dated by the Chairman of the Main Street Advisory Board,
for the demolition, installation, construction, alteration, change,
restoration, removal, or demolition of any Exterior Architectural
Feature Resource or other significant appurtenance of any facade on
an Historic Landmark or of any building or structure located within
the Downtown District to be issued in cases further defined in this
ordinance, where approval for the same is required.
C. Certificate
of Review.
A document signed and dated by the Chairman
of the Main Street Advisory Board evidencing that the proposed changes,
improvements or construction to property located in the Downtown District
or at or on a Historic Landmark have been reviewed by the Board, which
are in addition to the requested actions in a Certificate of Appropriateness.
The Certificate of Review is to be issued in cases further defined
in this ordinance, where review is required.
D. Demolition.
An act or process which destroys a site or structure in its
entirety, or which destroys a part of a site or structure and permanently
impairs its structural, historic or architectural integrity.
E. Exterior Architectural
Feature.
The architectural style, design, general arrangement
and components of all of the outer surfaces of a building or structure,
as distinguished from the interior surfaces enclosed by such outer
surfaces. Exterior Architectural Features shall include, by way of
example but not by limitation, the kind, color, texture of the building
material and the type and style of all windows, doors, lights, signs
and other fixtures appurtenant to such building or structure.
F. La Grange
Historic Resource Survey.
A comprehensive architectural
survey of all properties within the City's Downtown District and adjoining
areas, as created in 1997; future amendments to the same shall be
automatically included herein.
G. Downtown Historic
District.
An area of the City designated by the City
Council as the Fayette County Courthouse Historic District, as having
definable geographic boundaries, a significant concentration, linkage,
or continuity of sites, buildings, or structures united historically
or aesthetically by plan, appearance, or physical development. The
designation "Downtown Historic District" recognizes that the component
historic buildings, structures, accessory buildings, fences, or other
appurtenances of the district are of basic and vital importance for
the preservation of culture and neighborhoods and economic development
and promotion of tourism.
H. Historic Landmark.
An individual property designated by the City Council as having
outstanding historical and cultural significance in the nation, 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 neighborhoods and economic
development and promotion of tourism.
I. Historic Preservation
District.
Any area of the City designated by the City
Council as an Historic Preservation District, having definable boundaries,
a significant concentration, linkage, or continuity of sites, buildings,
or structures united historically or aesthetically by plan, appearance,
or physical development such as the Downtown Historic District as
defined herein. The designation "Historic Preservation District" recognizes
that the component historic buildings, structures, accessory buildings,
fences, or other appurtenances of the district are of basic and vital
importance for the preservation of culture and neighborhoods and economic
development and promotion of tourism.
J. Ordinary Repairs
or Maintenance.
Work done to prevent deterioration of
a resource or any part thereof by returning the resource as nearly
as practical to its condition prior to such deterioration, decay,
or damage and by using where possible, original material.
(Ordinance 09-10 adopted 10/12/09)
A. Creation of
Board.
There is hereby added to the duties of the Main
Street Advisory Board of the City of La Grange, Texas, hereinafter
called the "Board," consisting of seven (7) members appointed by the
City Council. The Main Street Advisory Board will herein be referred
to as the "Board," in accordance with the further provisions hereof.
B. By-laws.
The By-laws of the Main Street Advisory Board shall govern terms,
qualifications, composition and meeting procedures. The Building Official
shall attend all Board meetings in which certificates are considered.
C. Functions
of the Board.
The Board shall review all applications
proposing facade alterations, changes and demolition, of buildings
within the Downtown Historic District or any other historic preservation
district created, established or designated by the City Council in
the future.
The Board shall grant or deny Certificates of Appropriateness.
The Board 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.
The Board shall have the further responsibility of recommending
to the City Council, Planning and Zoning Commission, and City departments
the adoption of policies, the source of funds, and designation of
Historic Districts and Historic Landmarks that may further the City's
preservation effort.
D. The Board shall
otherwise determine its own rules of procedure except as may be specifically
set forth in this ordinance.
(Ordinance 09-10 adopted 10/12/09)
A. Boundaries:
The Downtown Historic District, shall be defined by the boundaries
of the previously enacted Fayette County Courthouse Historic District,
Fayette County, Texas. The Downtown Historic District shall encompass
the area shown on the map attached hereto [attached to Ordinance 09-10]
as Exhibit B-1.
B. At the discretion
of the city council, the area may be altered or expanded as needed.
Additional historic preservation districts may be established by the
City Council and thereafter governed by this ordinance.
C. Downtown Historic
District Criteria:
In making
the designation of an area as an Historic Preservation District, the
City Council shall affirmatively find that the area has one (1) or
more of the following characteristics:
a. Character,
interest, or value as a part of the development, heritage, or cultural
characteristics of the City;
b. Location
as the site of a significant historical event;
c. Embodiment
of distinctive characteristics of an architectural type or specimen;
d. Relationship
to other distinctive buildings, sites, districts, or structures which
are historically significant;
e. Unique location
of singular physical characteristics representing an established and
familiar visual feature of a neighborhood, community or the City;
f. Value as
an aspect of community sentiment or public pride;
g. Identification
with a person or persons who significantly contributed to the development
or culture of the City, the state or the nation;
h. Value as
protective of a historical resource.
(Ordinance 09-10 adopted 10/12/09)
No person or entity shall install, construct, reconstruct, alter,
change, restore, remove, or demolish any structure or exterior architectural
feature or other significant appurtenance of any Historic Landmark
or of any building or structure located within the Downtown Historic
District unless and until such the Board has completed its review
of the person or entity's proposed changes as set forth in the person
or entity's application for Certificate of Appropriateness.
Such review shall consist of the granting or denial of a Certificate
of Appropriateness with regard to the subjects set forth below, as
applicable, and shall also consist of a determination of whether or
not the issuance of a Certificate of Review with regard to all other
types of alterations as set forth below, which in the determination
of the Board are recommended additional actions to be taken by the
applicant, is appropriate. For such mandatory matters governed hereby,
the applicant shall obtain an approved Certificate of Appropriateness
and a determination as to whether or not a Certificate of Review will
be issued prior to commencement of any work detailed in the application
therefor. Compliance with the requirements set forth in a Certificate
of Appropriateness is mandatory. Obtaining a determination of whether
or not a Certificate of Review is appropriate is mandatory. Failure
to obtain either a Certificate of Appropriateness or a determination
as to whether or not a Certificate of Review will be issued will result
in enforcement of any penalties set forth herein. If a Certificate
of Review is issued, noncompliance with its recommendations will not
result in enforcement of any penalties.
(Ordinance 09-10 adopted 10/12/09)
No exterior feature of any resource shall be altered, relocated,
or demolished, nor shall any new structure be constructed in the Downtown
Historic District until after a review of an application for a Certificate
of Appropriateness has been completed and a Certificate of Appropriateness
granted by the Board and, if appropriate, a Certificate of Review
of such work has been issued by the Board. Additionally, a building
permit may not be granted for a property in the Downtown Historic
District unless the Board issues the relevant certificates. A Certificate
of Occupancy will not be granted until compliance with all Certificate
of Appropriateness requirements are verified by the City Building
Inspector. Therefore:
A. The Board shall
have the power to approve and deny applications for Certificates of
Appropriateness and to issue Certificates of Review.
B. In reviewing,
approving and denying applications for Certificates, the Board shall
seek to accomplish the purposes of this ordinance.
C. No Certificate
shall be required for work deemed, under the provisions of this chapter,
to be ordinary maintenance or repair of any resource by the Board.
D. All decisions
of the Board shall be in writing and shall state the findings of the
Board, its recommendations or requirements. The same may appear in
the written minutes of the Board's meetings.
E. Expiration
of a Certificate.
Any Certificate shall expire twelve
(12) months after its issuance.
F. Resubmission
of Applications.
A Certificate of Appropriateness, if
denied, shall not be resubmitted for review sooner than twelve (12)
months following its initial review unless it is submitted with a
material change (as determined by the Chairman of the Board).
G. Multiple Certificates.
Certificates of Appropriateness shall be issued for distinct
and separate phases of an ongoing project.
(Ordinance 09-10 adopted 10/12/09)
A. Application.
The applicant shall submit to the Building Official an application
for a Certificate of Appropriateness which includes data and information
in writing which thoroughly describes the project as determined by
the Building Official, including but not limited to the following:
1. Name of applicant
and property owner.
2. Mailing address
of applicant and permanent address of property owner.
3. Location
of property to be altered, or demolished.
4. A detailed
description of the nature of the proposed external alteration or repair
to be completed.
5. Any drawings
or photographs which would explain the proposed alteration.
B. Completeness.
The applicant shall submit all required data and information
to the Building Official, not less than fourteen (14) days prior to
the next scheduled public meeting of the Board. The application shall
not be accepted and processed until it is deemed complete by the Building
Official, including sufficient description to adequately and completely
convey the full effect of the work to be done.
C. Fee.
No fee shall be required for any part of the review process.
D. Insignificant
Alteration.
If the Building Official determines that
the application involves ordinary repair or maintenance, alteration,
change, restoration, or removal of any exterior architectural feature
of a building or structure which does not involve significant changes
in the architectural or historic value, style, general design or appearance,
he/she may, within seven (7) days, approve the application and forward
a copy of the approved application to the Chairman of the Board, or
to the Vice Chairman of the Board if the Chairman is not available.
The Chairman or Vice Chairman of the Board shall, within three (3)
business days, either approve the Building Official's decision or
call for a meeting of the Board to consider the application. If the
Chairman or Vice Chairman of the Board does not take any action within
three (3) business days, it shall be deemed that such person has approved
the Building Official's decision to grant the Certificate of Appropriateness
or issue the Certificate of Review, as applicable.
E. Significant
Alteration.
If the Building Official determines that
the application involves an alteration, change, restoration, removal
or demolition of an external architectural feature of a building or
structure which involves a significant change in the architectural
or historic value, style, general design, or appearance or for any
other reason does not desire to act under Section D above; he/she
shall refer the application to the Board and call for a meeting of
the Board to consider the Certificate.
F. Time for Approval.
The Board shall hold a meeting to consider the application within
forty (40) days after the receipt of a completed application. The
applicant shall be given written notice of the time and place of the
meeting by regular mail to the address on the application and/or to
property owners as the same appear on the records of the Fayette County
Appraisal District. Notice of the meeting and subject matter shall
be posted in accordance with the Texas Open Meetings Act. The Board
may hold any additional meetings within sixty (60) days following
submission of a completed application as may be necessary to carry
out its responsibilities under this article. The applicant or his/her
agent, or representative, shall attend at least one (1) meeting of
the Board during which his/her application is considered, otherwise
the Board shall not take action, and the application will be deemed
to be incomplete. The Board shall make its determination and report
the same to the Building Official within sixty (60) days after receipt
of a completed application unless the Board and the applicant mutually
agree to extend the period of review. If action is not taken within
sixty (60) days after receipt of a completed application, (except
as to Demolition cases as set out below) it shall be deemed that the
Board recommends approval of the application and it shall issue the
requisite Certificate. The Board shall forward its report and recommendation
to the Building Official. Upon receipt of the report of the Board,
the Building Official shall within three (3) days issue the Certificate
to the applicant.
G. Special Time
Period for Demolition.
Anything in this article to the
contrary notwithstanding, the Board shall make its determination within
sixty (60) days after receipt of a completed application for a permit
to demolish a Historic Landmark or building within the Downtown Historic
District, or to move a Historic Landmark, or to move a building into
or out of a Downtown Historic District.
(Ordinance 09-10 adopted 10/12/09)
In determining the recommendation and action on an application
for a Certificate of Appropriateness, the Building Official and Board
shall review and decide the appropriateness of the proposed alterations
of the following with regard to:
A. Removal, Addition
or Modification of Architectural Detail.
The distinguishing
historic qualities or character of a building, structure, or site
and its environment shall not be destroyed. Removal or modification
of any historic material or distinctive architectural features may
be accomplished upon issue of Certificate of Appropriateness; however,
this should be avoided when possible. Architectural features include
but are not limited to exterior wall materials, windows, railings,
decorative woodwork, masonry, or stone elements.
B. Paint Color
and Application.
Traditionally, the base colors of buildings
have been soft muted shades of greens, blues, whites, and tans or
original brick colors. In order to continue the historic integrity
of the buildings in the district, these colors continue to be acceptable
today, and do not require review or issuance of a certificate. The
Building Official shall determine whether or not the proposed color
is within the approved list of colors. Base colors such as vibrant
or "hot" shades, dark deep shades, and black shades are not acceptable.
If one wishes to use these colors, a Certificate of Appropriateness
must be granted in advance of paint application. The painting of existing
historic buildings composed of materials such as unpainted stone or
unpainted masonry is prohibited.
C. Scale of New
Construction in Downtown Historic District or other Historic Preservation
Districts.
The Board will review all new construction
plans within the District in order to ensure visual compatibility
with the surrounding buildings and environment in relation to height,
gross volume, proportion, and setback.
The decision of the Building Official and Chairman in the case
of insignificant alterations, or the decision of the Board in the
case of significant alterations, with regard to the items described
in this section are mandatory and must be met in order to receive
a Certificate of Occupancy upon completion of construction (in the
case of commercial properties). In the event the requirements of the
Board are not met, the building permit shall be revoked. Notice of
Revocation shall be delivered or mailed to the applicant by the Building
Official or his or her designee to the address provided on the application.
(Ordinance 09-10 adopted 10/12/09)
The Board shall use the following additional criteria when reviewing
and determining the recommendation and action on an application for
a Certificate of Appropriateness with regard to demolition or removal
of a Historic Landmark or a resource within the Downtown Historic
District or any other Historic Preservation District established by
the City Council:
In the case of a demolition application, the Board shall affirmatively
find that:
A. Reasonable
measures could not be, taken to adaptively reuse, rehabilitate, or
restore the building or structure at its existing site; and
B. Reasonable
measures have been taken to relocate the resource to a new site first
within the same property, secondly within the District (if applicable),
or thirdly to an area that will be enhanced by the resource or where
the goals of this ordinance will be furthered and that the same cannot
reasonably be done; and
C. The condition
of the building or structure is such that it has been so altered or
deteriorated that it has lost its value for promoting the goals of
this ordinance, and is no longer significant, and in such event that
the condition is not due to demolition by neglect or action of the
owner or another related person or entity; or
D. The estimated
cost of restoration or repair is so excessive as to create an Unreasonable
Economic Hardship for the owner, and in such event that the condition
is not due to demolition by neglect;
E. Plans for
proposed new construction or other reuse of the property, and their
effects on the historical, cultural, social, or architectural identity
of the surrounding area will be positive and promote the goals of
this ordinance.
F. In the case
of a removal application, the Board shall affirmatively find that:
1. Reasonable
measures could not be, taken to adaptively reuse, rehabilitate, or
restore the building or structure at its existing site; and
2. The resource
is no longer significant to the area in which it is situated; and
3. Reasonable
measures have been taken to relocate the resource within the same
property, and that the same cannot reasonably be done; and
4. Reasonable
measures have been taken to relocate the resource within the District
(if applicable), or that it will be relocated to an area that will
be enhanced by the resource and where the goals of this ordinance
will be furthered; and
5. Leaving
the resource at its current location creates an Unreasonable Economic
Hardship for the owner, and in such event that the condition is not
due to demolition by neglect;
G. In making
the determination to permit demolition or removal of an historic resource,
the Board may place reasonable conditions on the same even if such
conditions are not related to the mandatory requirements of this ordinance,
and to assure compliance with the plans approved by the Board. The
same may include, but is not limited to, the requirement that all
conditions be fulfilled prior to issuance of a building permit for
the original resource's location.
(Ordinance 09-10 adopted 10/12/09)
In addition to granting Certificates of Appropriateness, the
Board shall review all applications and provide recommendations on
additional issues. In determining the advice to be given for a Certificate
of Review, the Building Official and the Board shall review and consider
the following matters:
A. The effect
of the proposed change on the general historic, cultural, and architectural
nature of the District or Landmark.
B. The appropriateness
of exterior architectural features which can be seen from a public
street, alley, or walkway.
C. The general
design, arrangement, texture, color, and material of the building,
or structure, and the relation of such factors to similar features
of buildings, or structures, in the district. This consideration shall
not be the aesthetic appeal of the structure to the Board nor the
proposed remodeling, but rather its conformity to the general character
of the particular historic area involved.
D. The effects
of the proposed change to the value of the District or Landmark as
an area of unique interest and character.
E. The general
and specific Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings, as issued by the Secretary of the Interior.
F. The importance
of finding a way to meet the current needs of the property owner and
the importance of approving plans that will be economically reasonable
for the property owner to carry out.
The Board shall conduct this review within the same time periods
as for a Certificate of Appropriateness. Recommendations of the Board
with regard to any issues not set forth in previous sections are not
binding upon the applicant.
(Ordinance 09-10 adopted 10/12/09)
10A person, firm, corporation or other entity commits an offense
if he/she/it violates this ordinance. Each day the offense continues
constitutes a separate offense. The following penalties, which are
nonexclusive, and the exercise of one or more of which shall not preclude
exercise of the others, shall be imposed on those persons or entities
found to have violated this ordinance:
A. The same penalties
as set forth in the Zoning Ordinance of the City for all violations
of requirements set forth in the said Zoning Ordinance; or
B. The penalties
set forth in the Code of Ordinances of the City for non-zoning violations.
C. Restrictions
on future development.
If a historic resource, either
a landmark or one located within the boundaries of the Downtown Historic
District or any other Historic Preservation District is demolished
or relocated without a Certificate of Appropriateness and the determination
of whether or not a Certificate of Review will be issued, or in the
event the plans are changed for the property from which the resource
was removed without approval of the changed plans by the Board, then
the following restrictions, in addition to any other penalties or
remedies set forth in this ordinance, shall be applicable to the site
where the structure or property was formerly located:
1. No building
or other permits will be issued for construction on the site, with
the exception of a permit to restore such structure or property after
obtaining a Certificate of Appropriateness, for a period of five (5)
years after the date of such demolition or removal.
2. No permits
shall be issued by the City for any curb cuts on the site for a period
of five (5) years from and after the date of such demolition or removal.
3. No parking
lot for vehicles shall be operated whether for remuneration or not
on the site for a period of five (5) years from and after the date
of such demolition and removal.
4. The owner
of the site shall maintain the site in a clean and orderly state and
shall properly maintain all existing trees and landscaping on the
site. When these restrictions become applicable to a particular site,
the building official shall cause to be filed a verified notice thereof
in the Real Property Records of Fayette County and such restrictions
shall then be binding on future owners of the property.
D. Cumulative
remedies.
The provisions of this section shall apply
in addition to other enforcement procedures or penalties which are
available at law or in equity, including, but not limited to, those
available for adversely affecting historic structures or property
under Section 315.006 of the Texas Local Government Code and Section
442.016 of the Texas Government Code as the same may be amended from
time to time, injunctive remedies and the like.
E. Civil Action.
As an additional remedy in addition to the penalties stated
above, the City Attorney for the City of La Grange or his or her designee
shall have the power to take all necessary civil action to enforce
the provisions hereof and to request appropriate legal or equitable
remedies or relief.
(Ordinance 09-10 adopted 10/12/09)
A. An applicant
may appeal a decision of the Board to the City Council under the following
conditions:
1. That the
decision of the Board, to be appealed, was made under its mandatory
functions.
2. That a written
notice of appeal by the applicant be received by the City Secretary
within ten (10) days following the decision to be appealed.
3. That the
grounds for appeal are based upon unreasonable economic hardship as
defined herein or upon other legal precedent or established law or
is challenging or requesting a change to a rating or landmark designation
B. Only one appeal
shall be allowed.
C. Appeal to
Judicial Authorities.
Prior to an appeal to judicial
authorities or institution of suit, and as a mandatory prerequisite
thereof, the applicant must file a written notice of appeal with the
City Secretary within ten (10) days following the adverse City Council
decision or Board decision, as applicable, stating specifically grounds
for such appeal.
(Ordinance 09-10 adopted 10/12/09)