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OR 91-500-A-025 Coppell Historic Preservation Commission AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A25 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY ADDING THERETO A NEW SECTION TO BE KNOWN AS THE HISTORIC DISTRICT; CREATING THE COPPELL HISTORIC PRESERVATION COMMISSION; ESTABLISHING USE REGULATIONS AND PROCEDURES FOR DESIGNATION OF HISTORIC LANDMARKS, DESIGNATION OF HISTORIC DISTRICTS AND CERTIFICATES OF APPROPRIATENESS FOR NEW CONSTRUCTION AFFECTING LANDMARKS AND HISTORIC DISTRICTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the Governing Body of the City of Coppell, Texas, in compliance with the laws of the State of Texas with reference to amending the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the Comprehensive Zoning Ordinance of the City of Coppell, Texas, to wit: Ordinance No. 91-500, should be amended in the exercise of its legislative discretion; and WHEREAS, CH.211 TEXAS LOCAL GOVERNMENT CODE, Municipal Zoning Authority, specifically authorizes zoning function and procedure for municipalities; and WHEREAS, CH.211 TEXAS LOCAL GOVERNMENT CODE, Section 211.003 provides that in the case of designated places and area of historical, cultural, or architectural importance and significance, the governing body of a municipality may regulate the construction, reconstruction, alteration, or razing of building and other structures; and WHEREAS, CH.211 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 building, other structure, or land and within which zoning regulations must be uniform for each class or kind of building in a district; however, zoning regulation may vary from district to district. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by adding thereto the following Historic Landmark and District Zoning Provisions as part of the comprehensive zoning plan, pursuant to CH.211 of TEXAS LOCAL GOVERNMENT CODE. "Section 1. Purpose The City Council of Coppell hereby declares that as a matter of public policy the protection, enhancement, and perpetuation of place and areas of historical, cultural, or architectural importance and significance is necessary to promote the economic, cultural, educational, and general welfare of the public. It is recognized that the Coppell Historic District 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, places and areas which represent distinctive elements of Coppell's historic, architectural, and cultural heritage; (b) foster civic pride in the accomplishments of the past; (c) protect and enhance Coppell's attractiveness to visitors and the support and stimulus 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. Section 2. Coppell Historic Preservation Commission There is hereby created a commission to be known as the Coppell Historic Preservation Commission, hereinafter referred to as the Commission. (a) The Commission shall consist of 5 members to be appointed, to the extent available among the residents of the city, by the City Council as follows: at least one shall be an architect, planner, or representative of a design or construction profession; at least one shall be a licensed real estate broker; at least one shall be an attorney; at least one hall be an owner of a property in the historic district; at least one shall be a member of the Coppell Historical Society. (b) All Commission members, regardless of background, shall have a known and demonstrated interest, competence, or knowledge in historic preservation within the city of Coppell. (c) Commission members shall serve for a term of two (2) years, with the exception that the initial term of two members shall be two (2) years, and three members shall be one (I) year. (d) The Chairman and Vice Chairman of the Commission shall be elected by and from the members of the Commission. (e) 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 districts within the city. (v) Recommend the designation of resources as landmarks and historic districts. (vi) Create committees from among its membership and delegate to the 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 for taking such action. (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) Recommend approval or disapproval of applications for certificates of appropriateness pursuant to this act. (xii) Prepare specific design guidelines for the review of landmarks and districts. (xiii)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. (xiv) Propose tax abatement programs for landmarks or districts. (xv) Recommend acceptance 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. (f) The Commission shall meet at least monthly, if business is at hand. Special meetings may be called at any time by the Chairman 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 Statute, Article 6252-17. (g) A quorum for the transaction of business shall consist of not less than a majority of the full authorized membership. Section 3. Appointment of Historic Preservation Officer :l'he Commission shall appoint a member of the Commission 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 co-ordinating the city's preservation activities with those of state and federal agencies and with local, state, and national nonprofit preservation organizations. Section 4. Designation of Historic Landmarks (a) Property owners of proposed historic landmarks shall be notified prior to the Commission hearing on the recommended designation, using the same notification procedure used by the Planning and Zoning Commission. 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. (b) Upon recommendation of the Commission, the proposed historic landmark shall be submitted to the Planning and Zoning Commission within (30) 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 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 Coppell. The Zoning Commission shall make its recommendation to the City Council within forty-five (45) days subsequent to the hearing on the proposed designation. (c) 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 Coppell. (d) Upon designation of a building, object, site, or structure as a historic landmark, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Dallas County, the tax records of the City of Coppell, and the Dallas County Appraisal District as well as the official zoning maps of the City of Coppell. All zoning maps should indicate the designated landmarks with an appropriate mark. Section 5. Designation of Historic District (a) These provisions pertaining to the designation of historic district constitute a part of the comprehensive zoning plan of the City of Coppell. (b) Property owners of proposed historic landmarks shall be notified prior to the Commission hearing on the recommended designation, using the same notification procedure used by the Planning and Zoning Commission. 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 district. (c) The Commission may recommend the designation of a district if it: (i) Contains properties and an environmental setting which meet one or more of the criteria for designatio~ of a landmark; and, (ii) Constitutes a distinct section of the city. (d) Upon recommendation of the Commission, the proposed historic district shall be submitted to the Planning and Zoning Commission within thirty (30) 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 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 Coppell. The Planning and 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 Planning and Zoning Commission's recommendation to be held within forty-five (45) 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 Coppell. (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 Dallas County, the tax records of the City of Coppell, and the Dallas County Appraisal District as well as the official zoning maps of the City of Coppell. All zoning maps should indicate the designated historic district by an appropriate mark. Section 6. Criteria for the Designation of Historic Landmarks and Districts A site, structure, or district in the city of Coppell may be marked as historically significant and therefore a landmark if it: Possesses significance in history of the area, its archeology, architecture, and culture. Is associated with events that have made a significant contribution to the broad pattern of local, regional, or state, history. Is associated with the lives of persons significant in history of the area. Embodies the distinctive characteristics of a type, period, or method of construction. Represents the work of a master builder, designer, or craftsman of the City. Represents an established and familiar visual feature of the City of Coppell. Section 7. Certificate of Appropriateness for Alteration or New Construction Affecting Landmarks or Historic Districts No person shall carry out any construction, reconstruction, alteration, restoration, rehabilitation, or relocation of any landmark or any property within a historic district, nor shall any person make any material change in the light fixtures, 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 historic within a historic district unless the person has first obtained a Certificate of Appropriateness from the City, which shall be issued only on approval by the City Council after hearing and recommendation from the Planning and Zoning Commission in the same manner and with the same public hearings as in the case of a regular zoning change. Section 8. Certification of Appropriateness Application Procedure (a) Prior to the commencement of any work requiring a certificate of appropriateness the owner shall file 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 include 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 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) The Commission shall review the application at a regularly scheduled meeting within thirty (30) days from the date the application is received by the Commission, at which time an opportunity will be provided for the applicant to be heard. The Commission shall send to the Planning and Zoning Commission its recommendation to approve, deny, or approve with modifications, or suspend action on the permit within forty-five (45) days after the review meeting. (c) All decisions of the Commission shall be in writing. The Commission's decision shall state its findings pertaining to its recommendation of approval, denial, modification of application, or suspension of action. A copy shall be sent to the applicant. Section 9. Criteria for Approval of Certificate of Appropriateness In considering an application for a Certificate of Appropriateness Commission shall be guided by any adopted design guidelines, and where applicable, the following from The Secretary of the Interior's Standard8 for the Rehabilitation of Historic Buildings. Any such guidelines shall be made available to the property owners of historic landmarks or within historic districts upon notification to the Commission that changes to the landmarks or to the district are anticipated. (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 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 shall 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 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) Wherever 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. (k) Consideration shall be given by the Commission to plans that intend to create a late 9th or early 20th century appearance to sites or structures within a historically significant district, even if buildings are not original to the area. However, such construction shall not destroy or significantly alter the site or buildings that may already exist and which may bear actual historic significance. (I) 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) day 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. (m) No building permit shall be issued for such proposed work until a certificate of appropriateness has first been approved by the City Council. 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 Coppell. Section 10. Certificate of Appropriateness Required for Demolition A permit for the demolition of historic landmark or property within a historic district, including secondary buildings and landscape features, shall not be granted by the building inspector without the approval of an application for a certificate of appropriateness in the same manner as provided for in Section 7, 8, and 9 of the ordinance. Section 11. Economic Hardship Application Procedure After receiving written notification of the denial of a certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the City Council makes a finding that hardship exists. 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. 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. 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 and preservation officer. Following the hearing, the Commission has forty-five (45) days in which to prepare a written recommendation to the City Council. All decisions of the City Council shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the City Secretary for public inspection. The Council's decision shall state the reasons for granting or denying the hardship application. An applicant for a certificate of appropriateness dissatisfied with the action of the City Council relating to the issuance or denial of a certificate of appropriateness shall have the same right of appeal as in the case of an appeal from the decision of the Board of Adjustment. Section 12. Enforcement 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 official and historic preservation officer to inspect periodically any such works to assure compliance. In the event work is not being preformed in accordance with the certificate of appropriateness, or upon notification of such fact by the Commission and verification by the building inspector or other official, the building inspector or official 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. Section 13. Ordinary Maintenance 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. Section 14. Demolition by Neglect 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 roofs or other horizontal members. (c) Deterioration of exterior chimneys. (d) Deterioration or crumbling of exterior stucco or mortar. (e) Deterioration of foundation. (f) Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors. (g) Deterioration of any feature so as to crete a hazardous condition which could lead to the claim that demolition is necessary for the public safety." SECTION 2. That all parts of any ordinance of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances or parts of ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 5. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~.~ day of ~""~-¢,~.fL/~'/L- , 1992. APPROVED: MAYOR ~ '~ ATTEST: CI'['~,/~ ECRETARY APPROVED AS TO FORM: ,' 'Crl"Y~A'I-CORN EY /~"~ ~'-- - COZ92-1201-,~:) , '