The City Council of the City of Schulenburg hereby declares
that as a matter of public policy the protection, enhancement, and
perpetuation of landmarks or district of historical and cultural importance
and significance is necessary to promote economic, cultural, educational,
and general welfare of the pubic. It is recognized that the City of
Schulenburg represents the unique confluence of time and place that
shaped the identity of generations of citizen, 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 Schulenburg’s historic, architectural, and cultural
heritage;
(b)
Foster civic
pride in the accomplishments of the past;
(c)
Protect
and enhance Schulenburg’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 city;
(e)
Promote
economic prosperity and welfare of the community by encouraging the
most appropriate use of such property within the city
(f)
Encourage
stabilization, restoration, and improvements of such properties and
their values.
(Ordinance 51721 adopted 5/17/21)
There is hereby created a commission to be known as the Schulenburg
Historic Preservation Commission.
(a)
The Commission
shall consist of seven members to be appointed, to the extent available
among the residents of the community by the Mayor as follows.
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At least one should be an architect, planner, or representative
of a design profession;
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At least one should be a historian;
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At least one should be a licensed real estate broker;
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At least one should be an attorney;
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At least one should be an owner of a landmark or a property
in a historic district;
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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 City of Schulenburg.
(c)
The Commission
as a whole shall represent the ethnic makeup of the city.
(d)
Commission
members shall serve for a term of two years with the exception that
the initial term of three members shall be two years, and four 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
within the 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 purpose of this ordinance.
(vii)
Maintain
written minutes which record all actions taken by the Commission and
the reasons to take 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 city government concerning the utilization
of state, federal, or private funds to promote the preservation of
landmarks and historic districts within the city.
(xi)
Approve
or disapprove of applications for the certificates of appropriateness
pursuant to this act.
(xii)
Prepare
and submit annually to the City Council 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 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 for landmarks or districts.
(xvi)
Accept
on behalf of the 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.
(xvii)
The Commission should meet at least quarterly, if business is at
hand. Special meetings may be called at any time by the Chairman,
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.
(xviii)
A quorum for the transaction of business shall consist of not less
than a majority of the full authorized membership.
(Ordinance 51721 adopted 5/17/21)
The Mayor or a designee shall appoint a qualified city official,
staff person, or appropriate resident of the municipality 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 a representative of the Commission,
the officer is responsible for coordinating the city’s preservation
activities with those of state and federal agencies and with local,
state, and national nonprofit preservation organizations.
(Ordinance 51721 adopted 5/17/21)
(a)
These provisions
pertaining to the designation of historic landmarks constitutes a
part of the comprehensive zoning plan of the City of Schulenburg.
(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, technical experts may
present testimony or documentary evidence which will become part of
a record reading 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 Planning and Zoning Commission within fourteen (14) days from
the date of submittal of designation request. The Planning and Zoning
Commission shall give notice and conduct its hearing on the proposed
designation within thirty (30) days of receipt of such recommendation
from the Commission. Such hearing shall be in the same manner according
to the same procedures as specifically provided in the general zoning
ordinance in the City of Schulenburg. The Planning and Zoning Commission
shall make its recommendation to the City Council within fourteen
(14) days subsequent to the hearing on the proposed designation.
(d)
The City
Council shall schedule a hearing of the Commission’s recommendation
to be held within fourteen (14) days of receipt of the recommendation
of the Planning and 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 Schulenburg.
(e)
Upon designation
of a building, object, site, or structure as a historic landmark or
district, the City Council shall cause designation to be recorded
in the Official Public Records of Real Property of Fayette County,
the tax records of the City of Schulenburg, and the Fayette County
Appraisal District as well as the official zoning maps of the City
of Schulenburg. All zoning maps should indicate the designated landmarks
with an appropriate mark.
(Ordinance 51721 adopted 5/17/21)
(a)
These provisions
pertaining to the designation of historic district constitute a part
of the comprehensive zoning plan of the City of Schulenburg.
(b)
Property
owners within a proposed historic district shall be notified prior
to the Commission hearing on the recommended designation. At the Commissioner’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 Planning and Zoning Commission within fourteen (14) days from
the date of submittal of designation request. The Planning and Zoning
Commission shall give notice and conduct its hearing on the proposed
designation within thirty (30) 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 Schulenburg. The Planning and Zoning
Commission shall make its recommendation to the City Council within
fourteen (14) days subsequent to the hearing for proposed designation.
(e)
The City
Council shall schedule a hearing on the Commission’s recommendation
to be held within fourteen (14) days of receipt of the recommendation
of the Planning and 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 Schulenburg.
(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 Fayette County, the tax records of the City of Schulenburg, and
the Fayette County Appraisal District as well as the official zoning
maps of the City of Schulenburg. All zoning maps should indicate the
designated historic district by an appropriate mark.
(Ordinance 51721 adopted 5/17/21)
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 local, regional,
state, or national history.
(c)
Is associated
with events that have made a significant impact in our past.
(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 city.
(Ordinance 51721 adopted 5/17/21)
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 historical
landmark or any property within a historic district without a certification
of appropriateness.
(Ordinance 51721 adopted 5/17/21)
In considering an application for a certificate of appropriateness,
the Commission shall be guided by any adopted design guideline, and
where applicable, following the Secretary of the Interior’s
Standards for Rehabilitation of Historical Buildings.
(a)
Every reasonable
effort shall be made to adapt the property in a matter 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
alternating 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 the 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 replaces [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, substituted by historical, physical, or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements 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 51721 adopted 5/17/21)
(a)
Prior to
the commencement of any work requiring a certificate of appropriateness
the owner shall file an application for such a certificate with the
Commission. The application shall contain:
(i)
Name,
address, telephone number of applicants, 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 being used, if available.
(v)
If the
proposal includes signs or lettering, a scale drawing showing the
types 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 City of Schulenburg.
(c)
The Commission
shall review the application at a regularly scheduled meeting within
fourteen (14) days 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
fourteen (14) days after the review meeting. In the event the Commission
does not act within thirty (30) 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)
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 51721 adopted 5/17/21)
A permit for the demolition of a historic landmark or property
within a historic district, including a 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 Sections 7, 8, and 9 of the ordinance.
(Ordinance 51721 adopted 5/17/21)
(a)
After receiving
written notification form 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 thirty (30)
days from the date the application is received by the building inspector
or preservation officer. Following the hearing, the Commission has
fourteen (14) 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 thirty (30) days of the receipt of the application,
a permit mat be granted.
(e)
All decisions
of the Commission shall be in writing. A copy shall be sent to the
applicant by registered mail and a copy filed with the City Secretary’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 the 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 51721 adopted 5/17/21)
All work performed pursuant to a certificate of appropriates
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
[order] is in effect.
(Ordinance 51721 adopted 5/17/21)
Nothing in this ordinance shall be consulted 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 51721 adopted 5/17/21)
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 despair so as to result
in the deterioration of any exterior architectural feature which would,
in the judgment of the Commission, procedure 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 51721 adopted 5/17/21)
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 then $25.00
nor more than $200.00 for each day the violation continues.
(Note: Penalties should conform to the penalties provided for
in the existing zoning ordinance. The Municipal Zoning Authority authorizes
imprisonments as well as a civil penalty. It also should be noted
that if a violation occurs or is about to occur, the municipality
is authorized to bring action to enforce the ordinance. See Sec. 211.012
of the Municipal Zoning Authority.)
(Ordinance 51721 adopted 5/17/21)
