HomeMy WebLinkAboutORD 1991-073 ' ORDINANCE N0. 91 -73
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- CITY OF GRAPEVINE, TEXAS
AN ORDINANCE RELATING TO HISTORIC �
'�' PRESERVATION; PROVIDING A PURPOSE;
ESTABLISHING A HISTORIC PRESERVATION
COMMISSION AND PROVIDING ITS RESPONSIBILITIES
AND POWERS; PROVIDING FOR SUPPORT STAFF;
PROVIDING PROCEDURE FOR THE DESIGNATION OF
LANDMARKS AND HISTORIC DISTRICTS; PROVIDING
FOR ORDINARY MAINTENANCE; PROVIDING FOR
CERTIFICATES OF APPROPRIATENESS; ALLOWING FOR
MINOR EXTERIOR ALTERATIONS; PROVIDING FOR
DEMOLITION PERMITS AND FOR ECONOMIC HARDSHIP
SITUATIONS; PROVIDING FOR ENFORCEMENT BY THE
DIRECTOR OF COMMUNITY DEVELOPMENT OR HIS
DESIGNEE; PROVIDING FOR APPEALS; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2, 000 . 00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS
OR IS OCCURRING; PROVIDING AN EFFECTIVE DATE;
PROVIDING A SEVERABILITY CLAUSE AND DECLARING
AN EMERGENCY.
.��. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
"�"' Section 1 . This Ordinance shall be cited as the
"Grapevine Historic Preservation Ordinance. "
Section 2 . PURPOSE OF THE ORDINANCE:
The City Council hereby declare� that as a matter of
public policy, the protection, preservation and enhancement of
districts and landmarks of architectural, archaeological,
cultural and historic importance is necessary to promote the
economic, cultural, educational and general welfare of the
citizens of Grapevine. The unique identity of the City of
Grapevine and the history of the area prior to its founding,
which produced significant historic, architectural,
archaeological and cultural resources, requires this Ordinance
to : .
(a) protect and enhance the districts and landmarks
which represent distinctive elements of
Grapevine ' s historic, architectural and cultural
heritage;
. ,.�+ �b) foster civic pride in accomplishments of the past;
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(c) protect and enhance Grapevine ' s attractiveness to
visitors and the support and stimulus to the
�� economy thereby provided;
(d) insure the orderly, efficient and appropriate�
'� growth and development of Grapevine;
(e) promote economic stability and prosperity of the
community by encouraging the most appropriate use
of such significant propert�• in Grapevine; and
(f) stabilize and improve property values .
Section 3 . GRAPEVINE HISTORIC PRESERVATION COMMISSION
- CREATION, DUTIES, RESPONSIBILITIES, POWERS
(a) There hereby is created a Historic Preservation
Commission (the "Commission") composed of 7
members , to be appointed by the City Council . All
Commission members shall have a demonstrated
outstanding interest in the historic traditions of
the City and egperience in the preservation of the
historic character of Grapevine. The City Council
shall endeavor, to the eztent reasonably
available, to appoint members from the following
: categories :
��
* architect, planner or design professional
* historian
'� * licensed real estate broker/appraiser
* attorney at law
* owner of or resident or tenant in a landmark
property or property in a historic district
* member of the Grapevine Historical Society
* archaeologist or from a related discipline, or
* other specific background as desired
(b) A member of the Planning and Zoning Commission
shall be appointed by the Mayor to serve as a
non-voting liaison to the Historic Preservation
Commission.
(c) Commission members shall serve for a period of two
(2) years, their terms to be . staggered (four
members appointed one year and three members
' appointed the nezt year) . Initial appointments
shall be four (4) for two (2) year terms and three
(3) for one (1) year terms .
(d) The Chair and Vice-Chair of the Commission shall
, ,.A. be elected by and from members of the Commission.
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(e) The Director of Community Development, the
�� Director of the Grapevine Heritage Foundation
( "Foundation" ) , and the City Attorney shall serve
as eg-officio members of the Commission.
� (f) The powers of the Commission shall include the
authority to do the following :
* adopt rules and procedures
* adopt identification criteria and rules for
delineation of historic district boundaries
* conduct and administer historic resource surveys
* recommend designation of districts and landmarks
* establish committees as needed
* produce and distribute minutes of ineetings
* develop public outreach/education/awareness
programs
* approve/disapprove certificates of appropriateness
* provide design and other reasonable forms of
advice to owners and tenants o� historic
properties in the certificate of appropriateness
review process, coordinated with such efforts
provided by the Foundation
* recommend acquisition of endangered historic
resources to the City Council when necessary
* recommend acceptance of donations of preservation
� � easements
* submit an annual report to City Council and the
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Mayor on the status of preservation in the
community and the work of the Commission
* propose tag or other financial incentives to
encourage preservation of historic resources
* prepare and promote design guidelines for .
landmarks/districts
(g) The Commission shall meet at least monthly, or
more frequently if so required, to .. conduct
business . The Director of Community Development
may, when necessary and with adequate notice, call
special meetings of the Commission. All meetings
. will be held in conformance with the Tezas Open
� Meetings Act, Tezas Civil Statutes, Article
6252-17 .
(h) A quorum shall consist of four (4) Commission
members . A positive vote of a majority of the
quorum shall be required to take any official
� action.
SeCtion 4 . SUPPORT STAFF AND HISTORIC PRESERVATION
, �""' OFFICER
(a) The Director of Community Development shall
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administer this ordinance and the permitting and
� � zoning functions thereof contained in this and
other applicable ordinances . �
,�� (b) The Ezecutive Director of the Foundation shall�
serve as Historic Preservation Officer,
coordinating the Commission' s and City' s
preservation activities with the county, the state
and federal agencies as appropriate and advising
the Commission on relevant issues .
Section 5 . DESIGNATION OF LANDMARKS AND HISTORIC
DISTRICTS
(a) The City Council may designate sites, buildings,
structures, landscapes and objects as landmarks
and areas as historic districts, and the public
rights-of-way in and surrounding them, by adopting
zoning overlay subdistricts designated as "H" on
the City' s official zoning maps pursuant to
, procedures incorporated into the City' s basic
zoning ordinance by the City Council . .
(b) A historic overlay subdistrict may be established
to preserve landmarks and areas of eaemplary '
architectural, archaeological, cultural or
° historic value provided the property(ies) have one
or more of the following characteristics :
� � * significance in history, architecture, archaeology
or culture
* association with certain events that have made a
significant contribution to the broad patterns of
local, regional, state or national history
* association with the lives of significant persans
in our past
* embodying the distinctive characteristics of an
architectural or engineering type, period or
method of construction
* represents the work of a master designer, builder
or craftsman
* represents an established and familiar visual
feature of the community
* has archaeological value in that � it has produced
� or can be ezpected to produce data affecting
theories of historic or prehistoric interest.
(c) Design guidelines and other appropriate
regulations concerning zhe egterior and site
development or redevelopment of a historic overlay
� °�' district, shall be adopted as part of the overlay
subdistrict ordinance by the City Council .
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(d) Property owners of a proposed historic overlay
� ,, subdistrict designation shall be notified prior to
the Commission' hearing on designation. Testimony
and documentary evidence may be presented, which
will become part of the public record, to comment.
``�' on the historic, architectural or cultural
importance of the proposed historic property.
(e) Upon receipt of written recommendation of the
Commission, the proposal shall be submitted to the
Planning and Zoning Commission for its review,
public hearing and recommendation to the City
Council for adoption, as provided in the City' s
general zoning ordinance, Sec. 67, B. Changes and
Amendments .
(f) Upon designation of a property or properties as a
landmark or historic district by the City Council,
the designation shall be recorded by legal
description on the City' s official zoning maps, in ,
the Records of Real Property of Tarrant County,
and with the taz appraisal office.
Section 6 . ORDINARY MAINTENANCE
Nothing in this ordinance should be construed to prevent
� -� ordinary maintenance or repair of any egterior architectural
feature of a property designated as a landmark or within a
historic overlay district . Ordinary maintenance shall be
` � defined as any work that does not constitute a change in
design, material, color or outward appearance, and include
in-kind replacement or repair. The Director of Community
Development shall be the officer in charge of making the
decisions as to what is "ordinary maintenance. "
Section 7 . CERTIFICATES OF APPROPRIATENESS
The Commission shall follow the United States Secretary
of the Interior ' s formal written Standards for the
Rehabilitation of Historic Buildings in its consideration of
all applications for certificates of appropriateness . These
Standards shall be made available to owners and tenants of
property designated as historic.
(a) A person shall not alter a property designated as
� historic or property within a historic district,
or any portion of the eaterior of a structure on
the site, or designated adjacent right-of-way, or
place, construct, maintain, ezpand or remove any
structure on the site without first obtaining a
r�* certificate of appropriateness (CA) in accordance
� with this ordinance. A CA shall be obtained prior
to the issuance of any building permit, although
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the CA review and building permit and other
�_,9 required permit review processes may be conducted
simultaneously. A CA may� also be required for
work not otherwise requiring a building permit .
The CA shall be required in addition to, and not
'� in lieu of, any required building permit .
(b) Prior to commencement of any work, the owner shall
file an application for a Certificate of
Appropriateness with the Director of Community
Development. The application shall contain:
* name, address and telephone number of applicant,
and address of affected property if different
* detailed description of proposed work
* current photographs of property (historic photos
are also helpful)
* drawings of proposed changes or new construction,
and samples of materials, when appropriate
* other information deemed necessary by City staff
for clarification of the project.
(c) The Commission shall deny, approve, or approve
with conditions any CA application within 30 days
� of receipt of a completed application, determining
whether the proposed work is consistent with the
� , regulations contained in this ordinance, in all
applicable ordinances, and in the zoning ordinance
designating the historic landmark. Upon posted
� ° notice, and notification by certified mail at
least seven (7) days in advance to the immediately
adjacent property owners as that ownership appears
on the last approved tag roll, the Commission
shall conduct a public hearing on the application,
at which time an opportunity is provided for
proponents and opponents of the application to
present their views .
(d) All decisions of the Ccmmission shall be in
writing, stating its appcoval or the specific
reasons for denying or modifying any
applications . A copy of the certificate shall be
sent to the applicant (by registered mail) and a
copy filed with the Director of Community
Development.
Section 8 . MINOR EXTERIOR ALTERATIONS
(a) If the City staff determines that the applicant is
seeking a certificate of appropriateness to
,.� authorize only minor ezterior alterations, as
defined in this section, the staff shall review
the application to determine whether the proposed
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work complies with the regulations contained in
� . this section and all applicable historic overlay
district designation ordinances and approve or
deny the application within five (5) working days
of its receipt . �
�.�
(b) Any interested person may appeal the staff ' s
decision by submitting to the staff a written
request for appeal within thirty (30) days of the
staff ' s decision. The written request for appeal
starts the standard certificate of appropriateness
review procedure by the Historic Preservation
Commission.
(c) MINOR EXTERIOR ALTERATION is the installation of
or alternation to awnings, fences, gutters and
downspouts; incandescent lighting fiztures;
�; landscaping and hardscaping comprising less than
I 25 percent of the front or side yard; restoration
'I of original architectural features that constitute
a change from egisting conditions; painting of
�� wood or other appropriate elements that
constitutes a change in color from eaisting color;
� and additions and changes not visible from any
street to the rear of the main structure or to an
I accessory structure.
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� Section 9 . DEMOLITION PERMITS AND ECONOMIC HARDSHIP
; "` " (a) A demolition permit for a structure within a
historic zoning overlay district or an individual
landmark shall not be issued by the Director of
Community Development until review and issuance of
a completed certificate of appropriateness
application by the Commission. The Director of
the Committee shall not forward the application to
the Commission until it is complete; the following
information must be supplied by the applicant
before the application is considered complete:
* information describing the condition of the
structure
* estimated cost of restorati�n or repair
* demonstration that the adaptive use or restoration
of the structure has been seriously considered
' * any available historic records of the building
(drawings, photographs)
* architectural drawings for any proposed new
construction which is intended to replace the
historic structure
� * any conditions proposed to be voluntarily placed
� � on new development that would mitigate the loss of
the landmark structure
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* any other information that the staff finds
appropriate for the Commission to render a
� ; decision on the application
(b) The Commission shall hold a public meeting on the.
� application within 30 days of receipt of the
completed application. A copy of the decision
shall be forwarded to the Director of Community
Development and to the applicant within 10 days of
the public meeting .
(c) An applicant whose demolition CA has been denied
may apply for hardship relief . In order to prove
the ezistence of hardship, the applicant shall
have the burden to establish that :
* the property is incapable of earning a reasonable
return on the owner ' s inve�tment
* the property cannot be adapted for another use
that can result in a reasonable return
, * no potential purchaser of the property with a
reasonable offer who intends to preserve it can be
identified
(d) The Commission shall hold a public meeting on the
hardship application at least 60 days following
� , the original date of application for the �
demolition permit, at which time proponents and
� opponents of the application may present their
� � � views . The Commission may seek ezpert assistance
' in the field(s) of real estate development,
appraisal, financing and other related disciplines
i to review the hardship application.
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` (e) The applicant shall consult in good faith with the
Commission, interested local groups and
individuals in a diligen•c effort to investigate
alternatives that will result in preservation of
the property.
(f) All decisions of the Commission shall be in
writing . Copies shall be sent to the applicant
and a copy filed with the City Secretary.
Section 10 . STATUS QUO RETAINED DURING PENDENCY OF
' ZONING CASE
(a) The procedure for adopting an ordinance to
establish or amend a historic overlay subdistrict
may be initiated by the City Council, the Planning
,.� and Zoning Commission, the Historic Preservation
Commission, or by the owner(s) of property within
the area of request . Upon initiation of the
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procedure, no application may be accepted for a
permit to place, construct, alter, demolish or
� � remove any structure on the property until the
earliest of the following dates :
� � (1) If the proposed zoning change is approved, the
effective date of the ordinance implementing the
change.
(2) If the proposed zoning change is denied, the day
after the City Council makes its final decision
regarding the change. �
(3) Tne 90th day after the filing dates of a written
request for hardship relief, if any, made in
accordance with Section 9 .
' (b) For purposes of this Section, the procedure is
considered to be initiated immediately when the
City Council or Planning and Zoning Commission or
Historic Preservation Commission votes to
authorize the filing of a zoning case, or in the
case of owner(s) initiation, when the application
is filed with the Historic Preservation Commission.
Section 11. ENFORCEMENT
�, �
! Al1 work performed pursuant to a CA issued under this
ordinance shall conform to all its requirements . It shall be
��' the duty of the Director of the Co;nmunity Development to
inspect periodically to assure such compliance.
Section 12 . PENALITIES
Any person violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to ezceed Z`wo
Thousand Dollars ($2, 000 . 00) and a separate offense "shall be
deemed committed upon each day during or on which a violation
occurs or continues .
� Section 13 . APPEALS
Any person aggrieved by a decision of the Commission
relating to hardship or issuance of certification of
appropr�ateness, may within 30 calendar days of receipt of the
written decision, file a written application with the City
Council through the office of the City Secretary for review of
the decision. The City Council shall hold public hearings to
consider the appeal . A decision of the City Council is final
r� and not appealable.
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Section 14 . If any section, article, paragraph,
�-� sentence, clause, phrase or word in this ordinance, or
application thereof to any person or circumstance is held
invalid or unconstitutional by a Court of co�petent
��� jurisdiction, such holding shall not affect the validity of the�
remaining portions of this ordinance; and the City Council
hereby declares it would have passed such remaining portions of
the ordinance despite such invalidity, which remaining portions
shall remain in full force and effect .
Section 15 . The fact that the present ordinances and
regulations of the City of Grapevine, Tezas, are inadequate to
properly safeguard the health, safety, morals, peace and
general welfare of the inhabitants of the City of Grapevine,
Tegas, creates an emergency for the immediate preservation of
the public business, property, health, safety and general
welfare of the public which requires tYiat this Ordinance shall
become effective from and after the date of its passage, and it
is accordingly so ordained.
PASSED AND APPROVED by the City Council of the City of
Grapevine, Tegas this the 15th day of October , 1991 .
'� � Mayor, City of Grapevine,
Tegas
�..,,,
ATTEST:
Ci y Secretary,
City of Grapevine, Tegas
[SEAL]
APPROVED AS TO FORM:
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City Attorney,
City of Grapevine, Tegas
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