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HomeMy WebLinkAboutORD 93-28 ORDINANCE ENTITLED AN ORDINANCE REPEALING SECTIONS 30- 21 OF THE CODE OF ORDINANCES AND AMENDING ARTICLES II AND IV OF THE ZONING ORDINANCE BY ADDING NEW SECTIONS 30-21.1 AND 30-21.2 AND AMENDING SECTIONS '30-39 TO PERMIT THE DEFINITION AND DESIGNATION OF BEAUMONT HISTORIC-CULTURAL PRESERVATION LANDMARKS AND DISTRICTS AND THEIR REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30, Section 30-21, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and that Sections 30-21.1 and 30-21.2 are hereby added to read as follows: Section 30-21.1 HC-L, Historic-Cultural Landmark Preservation Designation. (a) General purpose and description. The HC-L, Historic-Cultural Landmark Preservation Designation, in general is intended to provide for the protection, preservation and enhancement of buildings, structures, sites and areas of architectural, historical, archaeological or cultural importance or value. More specifically, this district has the following expressed purposes: (1) To stabilize and improve property values; (2) To encourage neighborhood conservation; (3) To foster civic pride in the beauty and accomplishments of the past; (4) To protect and enhance the city's attractions to tourists and visitors; (5) To strengthen and help diversify the economy of the city; and 1 (6) To promote the use of historic-cultural landmarks for the education, pleasure and welfare of the community. This district supplements the regulations of the underlying zoning district classification. The zoning map shall reflect the designation of a Historic-Cultural Landmark Preservation Designation by the letters "HC-L" as a suffix to the underlying zoning district classification. (b) Permitted uses. The permit uses in the HC-L, Historic-Cultural Landmark Preservation Designation, shall be determined by the underlying zoning district classification. Historical use activities within the HC-L designation, such as museums or historical organizational offices, shall be permitted when granted by a specific use permit as set forth in section 30-26, when the underlying zoning is residential or would otherwise not permit the historical use. Accessory uses, including fundraising activities, may be approved as a part of the specific use permit. (c) Area and height regulations. The area and height regulations shall be determined by the underlying zoning district classification. (d) Supplemental regulations. Buildings, structures, sites and areas zoned "HC-L" shall be subject to the following regulations and to the regulations set forth in Article IV, section 30-39 of this chapter. (1) Exterior altercations and changes. No person or entity shall construct, alter, change, restore, remove, demolish, or obscure any exterior architectural feature of a building or structure located in an HC-L, Historic-Cultural Landmark Preservation Designation, unless first applying to and receiving from the Historic Landmark Commission a certificate of appropriateness as set forth in Article IV, section 30-39. (2) Demolition or removal of a building or structure. No building or structure awarded an HC-L, Historic-Cultural Landmark Preservation Designation, shall be demolished or removed without the approval of the Historic Landmark Commission or the City Council as set forth in Article IV, section 30-39. (3) Omission of necessary repairs. Buildings and structures awarded an HC-L, Historic-Cultural Landmark Preservation Designation, shall be maintained so as to ensure the structural soundness and integrity of the building or structure and its exterior architectural features as set forth in Article IV, section 30-39. Section 30-21.2, Historic-Cultural Landmark Preservation Overlay District. (a) Definitions. Unless the context clearly indicates otherwise, in this Ordinance: 2 (1) BLOCKFACE means all of the lots on one (1) side of a block. (2) CERTIFICATE OF APPROPRIATENESS means a certificate issued by the City to authorize the alteration of the physical character of real property in a district, or any portion of the exterior of a structure on the property, or the placement, construction, alteration, non-routine maintenance, expansion, or removal of any structure on or from the property. (3) COLUMN means the entire column including the base and capital, if any. (4) CONTRIBUTING STRUCTURE means a structure which physically or historically contributes to the historic value of an historic district. (S) CORNER SIDE FACADE means the main building facade facing the side street. (6) DIRECTOR means the Director of the Planning Division or his/her representative. (7) EDUCATIONAL LAND USES (see INSTITUTIONAL LAND USES) (8) FLUORESCENT COLOR means colors defined (Munsell Book of Color) as having a minimum chroma value of eight (8) and a maximum of ten (10). (9) FURNITURE, STREET means man-made, above ground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters and phone booths. (10) INSTITUTIONAL LAND USES means those properties owned or otherwise administered by organizations of higher education, vocational training centers and museums. Churches, synagogues, social, civic, fraternal and professional organizations, specialty schools, residential care facilities, day care centers, nursing homes, clinics and hospitals and all other uses not specifically excluded are bound by the terms of this Ordinance. (11) MASONRY PAVER means a solid brick or block of masonry material used as a paving material. (12) METALLIC COLOR means a paint color which has pigments that incorporate fine flakes of bronze, aluminum, or copper metal. (13) MOVE-IN BUILDING means a building that has been moved onto an existing lot. 3 (14) PRESERVATION CRITERIA means the standards considered by the Director and the Historic Landmark Commission to determine whether a certificate of appropriateness should be granted or denied. (15) REHABILITATION means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its to its historic, architectural, and cultural values. (16) SIGN, FENCE means signs attached or affixed to any type of fence. (17) SIGN, MOBILE means business signs used to advertise an establishment or service which are on or, otherwise affixed to, trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked. (18) SIGN, MOVING means signs which in whole, or part, do not remain stationary at all times, regardless of power source which effects movement.- (19) TRIM COLOR means a paint color other than the dominant color. Stain is not a trim color. Trim color does not include the color of screen and storm doors and windows, gutters, downspouts, porch floors and ceilings. (b) Reconciliation with other Ordinances. All City of Beaumont codes, as amended, apply to all historic districts unless expressly modified by ordinance. (c) Enforcement. (1) Certificate of Appropriateness Required A person commits an offense if (s)he is responsible for an alteration of the physical character of any real property located in an historic district, or any portion of the exterior of a structure on the property, or the placement, construction, maintenance, expansion, or removal of any structure on or from the property, unless the act is expressly lawfully authorized by a certificate of appropriateness (2) Exceptions. An alteration may by excused from strict enforcement of the Ordinance under Subsection (1) of this section if it is: a. in a rear yard not exceeding six feet in height; b. in a side yard, six feet or less in height, and totally screened by a fence, as permitted by this Ordinance, or hedge that is at least six feet in height; 4 C. the installation, maintenance, or replacement of plant materials not prohibited; d. the installation, maintenance, or replacement of: (i) a sprinkler system; or (ii) an air conditioning unit in the side or rear yard. e. temporary in nature. An alteration is temporary in nature if it occurs no more than two (2) time periods per calendar year for a maximum of five (5) days per time period. (3) Additional Offenses. A person commits an offense if (s)he is responsible for a violation of the use regulations or development standards of this Ordinance. (4) Responsibility. A person is responsible for a violation if (s)he: a. commits or assists in the Commission of an act in violation; or b. owns part or all of the land or a structure on the land where a violation exists. (d) Use Regulations for Historic Districts. All uses which were previously allowed within the area receiving Historic-Cultural Landmark Preservation Designation shall remain so upon adoption of this Ordinance. {e) Development Standards for Historic Districts The following development standards apply to historic districts: (1) Densijy. Structures within an historic district must comply with standards established in the City of Beaumont Code of Ordinances (Section 30-25). (2) Height. Structures within an historic district must comply with standards established in the City of Beaumont Code of Ordinances (Section 30-25). (3) Story Limitation. For the purposes of this Ordinance, the maximum permitted number of stories is three and one-half (3.5). (4) Lot Size. Structures within an historic district must comply with standards established in the City of Beaumont Code of Ordinances (Section 30-25). (5) Special Exception. Lots platted, meaning already approved by the City of Beaumont Planning Division or Planning Commission, on or before the 5 i effective date of this Ordinance, are legal building sites even though they may not conform to the requirements of this Ordinance. (6) Setbacks. All structures within an historic district must comply with the standards established in the City of City of Beaumont Code of Ordinances (Section 30-25). (7) Off-Street Parking. All structures within an historic district must comply with the standards established in -the City of Beaumont Code of Ordinances (Section 30-27). In addition: a. In General. All off-street parking, whether used to fulfill minimum parking requirements or as excess parking, must be set back no less than the required front yard. Required off-street parking must be provided on the lot occupied by the primary use, or on the rear 50 percent of a separate lot located within one hundred (100) feet of said property. b. Parking on Vacant Lots. On vacant lots, no off-street surface parking is permitted on grassed areas. Said grassed areas may not be paved or otherwise destroyed without a certificate of appropriateness. Vehicles may be parked on paved surfaces within a vacant lot on a temporary basis only (not to exceed seven (7) days per event, and not exceeding three (3) events per anum). C. Parking in Front or Side Yards. Within front or side yards, off-street surface parking is not permitted on grassed areas. Said grassed areas may not be paved or otherwise destroyed without a certificate of appropriateness. Vehicles may only be parked on paved surfaces. d. Structured Parking. Vehicular access to parking structures with a vehicle storage capacity of three (3) or more is not permitted to or from the street on which the main building fronts, unless the lot abuts no other street or alley. e. Screening. All off-street parking must be screened from the street and from adjacent lots containing residential uses. Screening from the street and adjacent lots containing residential uses must comply with standards established in the City of Beaumont Code of Ordinances (Section 30-31). f. Surface Materials. The only permitted off-street parking surface materials are brushed or aggregate concrete, hot mix asphalt, masonry pavers, and gravel that is at least three inches thick. Grass, caliche, 6 dirt and clay surfaces are not permitted. (8) Sins. Signs must not obscure significant architectural features, windows or doors of the building. The shape, materials, color, design, and letter style of signs must be typical of and compatible with the style and period of the architecture of the building and complement the district. In addition, all signs within the district must comply with the following standards: a. Detached Signs. Only one detached sign is permitted on each lot. The sign must: (i) be located at least fifteen (15) feet from any public right-of-way or property line dividing properties of different ownership, or at the building setback line, whichever is less; (ii) be five (5) feet or less in height; (iii) not be illuminated; and (iv) not exceed twelve (12) square feet in area b. Attached Signs. No more than two attached signs are permitted on each building. Each sign must: (i) not be illuminated, except by one external floodlight not to exceed 150 watts in power, (ii) not exceed six (6) square feet in area; and (iii) not be located in or in front of any window or doorway C. Prohibited Si The following types of signs are prohibited in an historic district: (i) advertising signs, (ii) illuminated signs, (iii) neon or fluorescent signs, (iv) signs affixed, either permanently or temporarily, to street furniture, 7 (v) portable signs, excluding political and realty signs as defined in Section 30-28, Sign Regulations, as outline in the Beaumont Code of Ordinances, (vi) mobile signs, (vii) moving signs; and (viii) fence signs. (10) Litter/Trash and Junk. Section 13-69, Litter Control, as outlined in the City of Beaumont Code of Ordinances, applies to all properties within any historic district. In addition, an approved container as defined by same must be located in the rear yard of the subject property with exception allowed for pickup and disposal of said litter not to exceed a twenty-four (24)hour period. All fixed or otherwise immobile trash containers must be set back from the property line no less than twenty-five (25)feet or be completely screened from view from any street via landscaping and fencing. (11) Outdoor Furniture. Outdoor furniture, as defined in Section 13-69, which is not within an enclosed porch or is otherwise exposed to the elements may not be constructed of materials which are intended for indoor use only or otherwise be susceptible to water damage, rot or destruction. (f) Rehabilitation Guidelines. The following standards for rehabilitation shall be employed by the Director and the Historic Landmark Commission to evaluate a certificate of appropriateness. a. Every reasonable effort should be made to provide compatible uses for properties mandating minimal alteration of the building, structure, or site and its environment. b. The distinguishing original qualities or character of a building, structure, or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. C. All buildings, structures, and sites should be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance will be discouraged. d. Changes which may have taken place in time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their 8 own right, and should be recognized and respected. L Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site should be treated with sensitivity. g. Deteriorated architectural features should be repaired rather than replaced if possible. In the event replacement is necessary, the new material should match, 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 historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. h. The surface cleaning of structures should be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials should not be undertaken. i. Every reasonable effort should be made to protect and preserve archeological resources affected by, or adjacent to any project. j. Contemporary design for alterations and additions to existing properties should not be discouraged when such alterations and additions do not destroy significant historic, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property and its environment. k. Wherever possible, new additions or alterations to structures should 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 structure would be unimpaired. (g) Preservation Criteria for an Historic Designation. (1) Building Placement, Form, and Treatment. a. Accessory Buildings. Accessory buildings are only permitted in the rear yard and the interior side yard and must be compatible with the scale, shape, roof form, materials, detailing, and color of the main building. Accessory buildings must have pitched roofs. Pre-fabricated metal accessory buildings are permitted if they are completely screened from view from any abutting street, and must conform with the scale, color, roof form and shape of the main building. 9 b. Additions. Additions to a main building are only permitted on the side and rear facades, except that a porch may be added to the front facade. All additions to a building must be compatible with the dominant horizontal or vertical characteristics, scale, shape, roof form, materials, detailing, and color of the building. C. Architectural Detail. Materials, colors, structural and decorative elements, and the manner in which they are used, applied, or joined together must be typical of the style and period of the other buildings, if any, on the blockface and compatible with the contributing structures in the historic district. d. Awnings. Awnings on the front and corner side facade must be made of fabric or wood and complement the main building in style and color. Metal and corrugated plastic awnings are only permitted on an accessory building or the rear facade of a main building. Other awnings must be typical of the style and period of the main building, and compatible with the contributing structures of a similar style in the historic district. e. Building Eaves. The eave or soffit height of a main building must be within ten (10) percent of the eave or soffit height of the closest main building in the historic district of a similar style and having the same number of stories. L Building Placement. All structures within an historic district must comply with the standards established in the City of Beaumont Code of Ordinances (Section 30-25). g. Building Widths. All structures within an historic district must comply with the property setback standards established in the City of Beaumont Code of Ordinances (Section 30-25). h. Chimneys. All chimneys must be compatible with the style and period of the main building and the contributing structures of a similar style in an historic district. Chimneys on the front 50 percent of a main building or on a corner side facade must be: (i) constructed of brick or other materials that look typical of the style and period of the main building; and (ii) of a style and proportion typical of the style and period of the main building. 10 L Color. (i) In General. Permitted exterior colors and color combinations are limited to those typically used in the 20th century. The Director shall keep publications that illustrate permitted exterior colors and color combinations in a permanent file that is made available for public inspection. (ii) Brick Surfaces. Brick surfaces not previously painted may not be painted unless the applicant establishes that the painting is necessary to restore or preserve the brick itself. (iii) Certain Colors Prohibited. Fluorescent and metallic colors are not permitted on the exterior of any structure in an historic district. (iv) Dominant and Trim Colors. All structures must have a dominant color and no more than five trim colors. The colors of a structure must be complementary to each other and the overall character of the historic district. (v) Gutters and Downspouts. Where appropriate, gutters and downspouts must be painted or colored to match the trim color or the roof color of the structure. (vi) Roof Colors. Roof colors must complement the style and overall color scheme of the structure. (vii) Stain. The use and color of stain must be typical of the style and period of the building. (j) Columns. (i) Function. Columns are only permitted as vertical supports near the front entrance of the main building or as vertical supports for porches. (ii) Materials. Columns must be constructed of brick, wood, or other materials that look typical of the style and period of the main building. (iii) Style. Columns must be of a style typical of the style and period of the main building. 11 k. Facade Materials. (i) In General. The only permitted facade materials are brick, wood siding, and wood products that look like wood siding. All facade treatments and materials must be typical of the style and period of the main building. (ii) Facades. Existing facades must be preserved to appear in a manner for which they were originally intended (no existing wood or stucco facade may be bricked). Wood shingles are not permitted as a primary facade material unless same is historically correct. 1. Front Entrances and Porches. (i) Detailing. Railings, moldings, tilework, carvings, and other detailing and architectural decorations on front entrances and front porches must be typical of the style and period of the main building and the contributing structures of a similar style in the historic district. (ii) Enclosures. A front. entrance or front porch may not be enclosed with any material, including iron bars, glass, or mesh screening without a certificate of appropriateness. (iii) Facade Openings. Front porches must not obscure or conceal any facade openings in the main building. (iv) Floor Coverings. Carpeting is not permitted as a front porch floor or step covering. (v) Std Each front porch and entry treatment must have a shape, roof form, materials, and colors that are typical of the style and period of the building, and must reflect the dominant horizontal of vertical characteristics of the main building and the contributing structures of a similar style in the historic district. m. Porte Cocheres. Porte cocheres must be preserved as architectural features and not be enclosed by fences, gates, or any other materials without a certificate of appropriateness. n. Roof Forms. 12 (i) Materials and Colors. Roof materials and colors must complement the style and overall color scheme of the building or structure. On residential structures, tar and gravel (built-up) is only permitted as a roof material on covered porches and porte cocheres with flat roofs. Carpet is not permitted as a roof material. Composition shingle, cedar shingle, and metal roofing materials may be permitted. (ii) Overhang. The minimum permitted roof overhang for a new or move-in main building is twelve (12) inches. A replacement roof on an existing building must have an overhang equal to or greater than the overhang of the roof it replaces. (iii) Patterns. Roof patterns of a main building must be typical of the style and period of the architecture of the building and the contributing structures of a similar style in the historic district. (iv) Slope and Pitch. The degree and direction of roof slope and pitch must be typical of the style and period of the main building and compatible with existing building forms in the historic district. In no case is a roof permitted with a pitch less than a six (6) inch rise in any twelve (12) inch horizontal distance. Flat or Mansard roof designs are not permitted on main or accessory buildings or structures, except that a covered porch or porte cocheres may have a flat roof that is typical of the style and period of the main building. o. Windows and Doors. (i) Front Facade Openings 1) Glass. Clear, decorative stained, beveled, etched, and clear leaded glass may be permitted in any window opening. Reflective, tinted, opaque, and mirrored glass and plastic are not permitted in any opening. Translucent glass is not permitted, except in a bathroom window. No glass pane may exceed sixteen (16) square feet in area. 2) Screens, Storm Doors and Storm Windows A screen, storm door, or storm window on a front or side facade of a main building may be permitted only if: a) its frame matches or complements the color 13 scheme of the main building; and b) it does not obscure significant features of the window or door it covers. 3) Security and Ornamental Bars. Security and ornamental bars are permitted pending review by the Director on any side of a main or accessory building abutting a street. 4) Shutters. Shutters must be typical of the style and period of the building and appear to be installed in a manner to perform their intended function. 5) Style. a) All windows and doors in the front or side facade of a main building must be proportionally balanced in a manner typical of the style and period of the building. b) No single, fixed plate glass is allowed except as part of an original period design. The size and proportion of window and door openings located on the front and side facades of a main building must be typical of the style and period of the building. c) All windows, doors, and electrical lights in the front and side facades of a main building must be typical of the style and period of the building. Windows must contain at least two (2) window panes. Sidelights must be compatible with the door or windows with which they are associated. d) The frames of windows must be trimmed in a manner typical of the style and period of the building and compatible with the contributing structures of a similar style in the historic district. (2) Landscaping. All properties within an historic district must comply with all existing landscaping requirements as illustrated in Section 30-31 of the City of Beaumont Code of Ordinances. 14 (3) Fences. The Director may approve a fence not in compliance with this paragraph if the applicant establishes the fence is historically sensitive or unless the absence of said fence poses a significant hazard to life or property. a. Form. Fences must be constructed and maintained in a vertical position. b. Hem. A fence in a front or side yard may not exceed three (3) feet in height, unless a taller fence is required to screen off-street parking or screen incompatible land uses as required in Section 30-31 of the City of Beaumont Code of Ordinances. C. Location. (i) A fence in an interior side yard must be located in the rear 50 percent of the side yard and behind the rearmost side projection of the main building. The Director may allow a fence to be located anywhere in an interior side yard if (s)he determines that the fence does not screen all or any portion of a significant architectural feature of the main building on the same or adjacent lot. (ii) A fence in a corner side yard must not be directly in front of the corner side facade, except that the Director may allow a fence that is directly in front of all or any portion of the rear 50 percent of the corner side facade if: 1) more screening is necessary to insure privacy due to unusually high pedestrian or vehicular traffic; and 2) the fence does not screen all or any portion of a significant architectural feature of the main building. (iii) A fence in the corner side yard must be set back a minimum of two (2) feet from a property line. (iv) A fence must run either parallel or perpendicular to a building wall or lot line. (v) A fence on a vacant lot must be set back a distance equal to or greater than the setback of the facade of the closest main building, if any, in the same blockface. If no main building exists on the same blockface, the setback must equal that of the closest main building within the district. 15 d. Materials. A fence in a front or corner side yard must be constructed of wrought iron, wood or brick. The use of brick in a fence is not permitted except as a part of a structural column or base that is two feet or less in height. Concrete block fences are not permitted. e. Masonry Columns and Bases. (i) The color, texture, pattern and dimensions of masonry and the color, width, type and elevation of mortar joints in a fence column or base must match the masonry and mortar joints of the main building as nearly as practicable. (ii) All exposed brick in a fence column or base must be fired brick as defined by the American Standard Testing Materials Designation C-126-75A, Type Grade FBS-SW. f. Metal Fences. Wrought iron and metal fences must be compatible with the style and period of the main building. Chain link, barbed and razor wire fences are permitted only in back yards and must not be visible from abutting streets. g. Wooden Fences. (i) All wooden structural posts must be at least four (4) inches in diameter (nominal size). (ii) The side of the wooden fence facing a public street must be the finished side. (iii) Wooden fences may by painted or stained a color that is complementary,to the main building. (h) Review Procedures for Certificates of Appropriateness in an Historic District (1) In General. The review procedure for maintenance, replacement, additions, deletions and new construction apply to any historic district except as expressly modified by this section. (2) Actions not Requiring Review. (a) Routine Maintenance and Replacement Routine maintenance and replacement includes processes of cleaning (including water blasting and stripping); repainting an item the same color; and replacing with like kind, duplicating, or stabilizing deteriorated or damaged 16 architectural features. (b) Minor Alterations. A certificate of appropriateness is not required for the following minor alterations: (i) The maintenance of: 1) fences; 2) signs; and 3) pavement. (ii) The restoration of original architectural elements to original specifications. (iii) Interior renovations and remodeling. (3) Actions Requiring Review by the Director. In addition to other applicable permitting, the Director shall review, within thirty (30) days of acceptance, an application for a certificate of appropriateness for the following minor exterior alterations. Applications requiring review by the Historic Landmark Commission shall be forwarded by the Director to the Commission within thirty (30) days of receipt of said application. The Director shall determine whether the proposed work complies with the preservation criteria and regulations contained in this Ordinance and all other applicable ordinances. If the proposed work complies, the Director shall grant the certificate. (i) The application, installation or replacement of: 1) fences; 2) paint of any fluorescent or metallic color; 3) signs; 4) pavement; and 5) security bars. (ii) The demolition, construction, placement or relocation of an accessory structure (4) Review by the Historic Landmark Commission 17 (a) The standards contained in this section should be used by the Historic Landmark Commission in making its decision concerning a certificate of appropriateness. (b) The Historic Landmark Commission shall review, within thirty (30) days of receipt, all applications for certificates of appropriateness forwarded to it by the Director, most notably including the demolition, construction, placement or relocation of any main structure. In reviewing an application, the Historic Landmark Commission shall determine whether the proposed work complies with the preservation criteria and regulations contained in this Ordinance and all other applicable ordinances. If the proposed work complies, the Historic Landmark Commission shall grant the certificate. (c) Except as otherwise provided in this section, if the proposed work does not comply with the preservation criteria and regulations contained in this or any other applicable ordinance, the Historic Landmark Commission shall deny the certificate. (d) If the proposed work will not have an adverse effect on the external architectural features, future preservation, maintenance, or use of a structure or blockface in an historic district, or of an historic district as a whole, the Historic Landmark Commission shall grant the certificate. In determining whether the proposed work constitutes the restoration of original architectural elements, the Historic Landmark Commission shall consider all available materials, including but not limited to photographs and drawings showing the original appearance of the building and its surrounding property at the time of construction. (e) If the proposed work is not addressed by the preservation criteria and regulations contained in this Ordinance and all other applicable ordinances, and will not have an adverse effect on the external architectural features, future preservation, maintenance, or use of a structure or blockface of an historic district, or of an historic district as a whole, the Historic Landmark Commission shall grant the certificate. (5) Who May Appeal. Only the applicant and/or the property owner may appeal a decision by the Director or the Historic Landmark Commission to deny a certificate of appropriateness. An appeal involving the Director must be undertaken in the manner outlined in the City of Beaumont Code of Ordinances (Section 30-37). An appeal from a decision of the Historic Landmark Commission must be undertaken in the manner outlined in the City of Beaumont Code of Ordinances (Section 30-39). 18 (6) Exceptions. Properties which are determined by the Director to be threats or hindrances to the health, safety, morals and general welfare of the citizens of Beaumont shall be automatically exempted from certificate of appropriateness review. (i) Nonconforming Uses and Structures. (1) In General. Except as otherwise provided in this Ordinance, Section 30-30 of the City of Beaumont Code of Ordinances relating to nonconforming uses and structures, applies to all historic districts. (2) Rebuilding Damaged or Destroyed Structures If a nonconforming structure in an historic district is damaged or destroyed by fire, act of God or other calamity, the structure may be rebuilt at the same location with the approval of the Director as long as the building does not increase whatsoever the degree of nonconformity. The new construction replacing destroyed or damaged buildings as defined in Section 30-30 of the City of Beaumont Code of Ordinances must comply with the design guidelines provided in this Ordinance. (3) Amortization of Nonconforming Structures With exception provided for main and accessory structures and fences, all structures which are not erected under the terms of this Ordinance at the time of the adoption of same must be removed or otherwise made to conform with the terms of this Ordinance within four (4) years of the effective date of this Ordinance. There shall be granted no exceptions or extensions. (j) Designation as a Contributing Structure For the purposes of this Ordinance, a property owner may wish to have a structure within an historic district to be singularly distinguished as a contributing structure. To obtain this designation, a property owner must follow the standard procedure set forth in Section 30- 39 HC-L, (Historic-Cultural Landmark Preservation Designation). Section 2. That Chapter 30, Section 30-39, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 30.39. Historic Landmark Commission (a) Creation of Historic Landmark Commission. For the purpose of recommending 19 Historic-Cultural Landmark Preservation Designations and Districts and for the purpose of approving or making recommendations on the construction, alteration, reconstruction, demolition, or relocation of buildings and structures on sites located within HC-L and HC-D zones,Historic-Cultural Landmark Preservation Designation, there is hereby created a Historic Landmark Commission. The Historic Landmark Commission shall be composed and appointed as follows; (1) The Historic Landmark Commission shall consist of twelve (12) members appointed by the City Council, including the following: a. One member shall be a member of the City Planning Commission. b. One member shall be a licensed architect. C. One member shall be a licensed attorney. d. One member shall be a professional historian. e. One member shall be a member of the Beaumont Heritage Society. f. One member shall be a member of the Jefferson County Historical Commission. g. Six (6) members shall be appointed from the community at large. All members shall have knowledge and experience of the architectural, archaeological, cultural, social, economic, ethnic and political history of Beaumont. (2) The Historic Landmark Commission shall be appointed by resolution of the City Council, and shall serve for a period of two (2) years. Vacancies shall be filled for the remainder of the unexpired term of any member whose place becomes vacant for any cause. (3) Operational procedures shall be established by the Historic Landmark Commission as follows: a. The Historic Landmark Commission shall adopt rules to govern its proceedings; provided that its rules are not in conflict with this chapter, other ordinances of the City of Beaumont, or laws of the State of Texas. b. The City Council shall select from the membership of the commission a chairman and vice-chairman of the Commission. C. The Director of Planning of the City of Beaumont shall serve as secretary for the Commission and shall be responsible for taking minutes of the Commission's proceedings and filing them in the office of the city clerk. 20 d. The Historic Landmark Commission shall meet on a monthly basis at an agreed upon specified time and place. Special meetings shall be called by the Commission Chairman or by three (3) Commission members. e. Seven (7) members shall constitute a quorum, and all issues shall be decided by a simple majority vote of the members present and voting. f. Any appointed member of the Historic Landmark Commission who fails to attend three (3)regular meetings in succession without notifying the chairman in advance or who does not attend at least fifty (50) per cent of the regularly scheduled meetings in a twelve-month period will be considered to have automatically resigned from the Commission. g. Notices of Commission meetings shall be governed by Article 6252-17, V.T.S. (Open Meetings Law), all meetings shall be open to the public, and minutes shall be kept of all Commission proceedings. h. All Historic Landmark Commission public hearings on applications for certificates of appropriateness for exterior changes and on requests for the approval of demolitions or removals shall be noticed and advertised once by publication in a newspaper stating time, date and place of public hearing thereon at least seven (7) days prior to the date on which the public hearing is held. (b) Functions of the Historic Landmark Commission. The Historic Landmark Commission shall: (1) Thoroughly familiarize itself with buildings, structures, sites, districts, areas, places and lands within the city which may be eligible for designation as historic-cultural landmarks. (2) Establish criteria and make recommendations to the Planning Commission and City Council for determining whether certain buildings, structures, sites, districts, areas, places and lands should be awarded an Historic-Cultural Landmark Preservation Designation or District status. (3) Establish guidelines for review, approval or denial of all requests for certificates of appropriateness and certificates of demolition of buildings, structures and sites located in HC-L,Historic-Cultural Landmark Preservation Designations or HC-D, Historic-Cultural Landmark Preservation Districts. (4) Formulate plans and programs for public and private action for encouraging and promoting the preservation of historic-cultural landmarks. 21 (5) Suggest sources of funds for preservation and restoration activities and acquisitions, including federal, state, private, and foundation sources. (6) Provide information and counselling to owners of historic-cultural landmarks. (c) Historic-Cultural Landmark Preservation Designation. The following procedure shall be followed in establishing an HC-L, Historic-Cultural Landmark Preservation Designation: (1) Application process. An application for an HC-L, Historic-Cultural Landmark Preservation Designation may be submitted by the owner, or by a representative who has the expressed written approval of the owner, or by the city manager. The public hearing and notification procedures for a rezoning request shall be followed; provided that an additional public hearing before the Historic Landmark Commission shall be required for an HC-L, Historic- Cultural Landmark Preservation Designation, request. (2) Historic Landmark Commission. The Historic Landmark Commission shall hold a public hearing within thirty (30) days of the filing of the zoning application. Notice of public hearing before the Historic Landmark Commission shall be given as provided for zoning hearings in Section 211.007 of the Local Government Code of the State of Texas. The recommendation of the Historic Landmark Commission shall be forwarded to the Planning Commission and City Council. (3) Criteria to be used in designations. The Historic Landmark Commission, and the City Council shall consider, but not be limited to, one or more of the following criteria in establishing an HC-L, Historic-Cultural Landmark Preservation Designation: a. Existing or proposed recognition as a national historic landmark, or Texas Historic Landmark, or entry or proposed entry into the National Register of Historic Places; b. Existence of distinguishing characteristics of an architectural type or specimen, or of the social, economic, or political heritage of the city; c. Identification as the work of a designer, architect, or builder whose work has influenced the growth or development of the city; d. Embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation or an outstanding example of a particular historical, architectural or other cultural style or period; 22 e. Relationship to other buildings, structures, or places which are eligible for preservation as historic places. f. Exemplification of the cultural, economic, social, ethnic, or historical heritage of the city, county, state or nation; g. Location as the site of a significant historical event; h. Listing in the S.P.A.R.E. Beaumont Survey; i. Identification with a person or person who significantly contributed to the culture or development of the city, county, state or nation; and j. A building, structure, or place that because of its location has become of historic or cultural value to a neighborhood or community. (d) Certificates of appropriateness. No person or entity shall construct,reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of a building or structure awarded an HC-L, Historic-Cultural Landmark Preservation Designation, unless an application has been made to the Historic Landmark Commission for a certificate of appropriateness and such a certificate shall have been granted. The term "exterior architectural feature" shall include but not be limited to the kind, color and basic texture of all exterior building materials and such features as windows, doors, lights, signs and other exterior fixtures. (1) Application procedure. Applications for certificates of appropriateness shall be made to and on a form furnished by the secretary of the Commission, and shall include two (2) copies of all detailed plans, elevations, perspectives, specifications, and other necessary documents pertaining to the work. (2) Public hearing. Within thirty (30) days of the receipt of a completed application for a certificate of appropriateness, the Historic Landmark Commission shall hold a public hearing. Public notice of such hearing, and the purpose thereof, shall be published in a newspaper one time at least seven (7) days prior to the date scheduled for such hearing. (3) Review. Upon review of the application in open meeting, the Historic Landmark Commission shall determine whether the proposed work is of a nature which will adversely affect any exterior architectural feature, and whether such work is appropriate and consistent with the spirit and intent of this chapter. The Historic Landmark Commission shall forward, through its secretary, either a certificate of appropriateness or its written determination of disapproval, and their reasons therefor, to the applicant and the building official. If no action has been taken by the Commission within sixty (60) days 23 of receipt of the application, a certificate of appropriateness shall be deemed issued by the Historic Landmark Commission. (4) Changes. No change shall be made in the plans on which a certificate of appropriateness was issued, without resubmittal to the Historic Landmark Commission and approval thereof in the same manner as provided above for processing the original application. (5) Exemptions. Ordinary repair and maintenance which do not involve changes in architectural and historical style or value, general design, structural arrangement, type of building material, primary color or basic texture are exempt from the provisions of this section. (e) Certificates of demolition or relocation. No person or entity other than a state, city, county, or federal government fee simple owner, shall demolish or relocate any building or structure awarded an HC-L, Historic-Cultural Landmark Preservation Designation, unless certificate of demolition or relocation has first been issued. (1) Application procedure. Applications for certificates of demolition or relocation shall be made to, and on a form furnished by, the secretary of the Historic Landmark Commission. (2) Public hearing. Within thirty (30) days of the receipt of a completed application for a certificate of demolition or relocation, the Historic Landmark Commission shall hold a public hearing. Public notice of such hearing, setting forth the date, time and place scheduled for such hearing, and the purpose thereof, shall be published in a newspaper one time at least seven (7) days prior to the date scheduled for such hearing. Notice thereof shall also be mailed to all owners of real property within a two-hundred-foot radius of the subject property, such notice to be given not less than seven (7) days prior to the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. (3) Review. In evaluating a request for a certificate of demolition or relocation, the Historic Landmark Commission shall consider the following: Its architectural or historical significance, the state of repair of the building or structure in question, the reasonableness of the cost of restoration or repair; the existing and/or potential usefulness of the property including economic usefulness; the effect that such removal or demolition will have upon buildings, structures, and places in the vicinity of the property in question; and all other factors it finds necessary and appropriate to carry out the intent of this chapter. If, based upon such considerations, the Historic Landmark 24 Commission determines that the building or structure should not be demolished, this decision shall be forwarded to the City Council for review and final decision. If no action is taken by the Historic Landmark Commission within sixty (60) days of the receipt of a completed application, a certificate of demolition or relocation shall be deemed issued. The City Council shall act upon a request for a certificate of demolition or relocation within thirty (30) days of the receipt of the application from the Historic Landmark Commission. (4) Conditions for approval. In granting a certificate of demolition or relocation, the Historic Landmark Commission or the City Council must find that the interests of preserving historical values and the purposes and intent of this chapter will not be adversely affected by the requested demolition or removal, or that the interests will be best served by removal or relocation to another specified location. (f) Omission of necessary repairs. Building and structures awarded an HC-L, Historic-Cultural Landmark Preservation Designation, shall be maintained so as to ensure the exterior and interior structural soundness and integrity of the landmark and its exterior architectural features. (1) Determination of omission. If the Historic Landmark Commission determines that there are reasonable grounds to believe that a building or structure or an exterior architectural feature thereof is structurally unsound, the Commission shall notify the owner of record of the property and hold a public hearing to determine compliance with the provisions of this chapter. (2) Mandated repairs. If, at the conclusion of the public hearing, the Historic Landmark Commission finds that the building or structure or its architectural features are structurally unsound or in immediate danger of becoming structurally unsound, said Commission shall advise the property owner and direct repair of the property. The property owner shall satisfy the Commission, within ninety (90) days of the decision of said Commission, that all necessary repairs and maintenance to safeguard structural soundness and integrity have been carried out and completed. (g) Appeals. Appeals from a decision of the Historic Landmark Commission or from the City Council must be filed in district court within thirty (30) days of said decision. (h) Demolition. Any person or entity other than a city, county, state, or federal government fee simple owner that demolishes, causes to be demolished, or otherwise adversely affects the structural, physical, or visual integrity of a historic structure or property located within the city that has been designated 25 as historic by the city, county, or federal government and on file with the county clerk, without first obtaining the appropriate demolition of building permits before beginning to demolish, cause the demolition of, or otherwise adversely affect the structural, physical or visual integrity of the structure or property shall be subject to the remedies allowed under Section 315 of the Local Government Code of the State of Texas. The secretary of the Historic Landmark Commission shall maintain a list of the historically designated properties within the city limits and file it with the county clerk for the enforcement of this section. (i) Notice. No building permit shall be issued for the demolition, relocation, or adverse modification of the structural, physical, or visual integrity of any building or structure as determined by the secretary that has been designated historical by a county, state or federal government without first giving the secretary of the Historic Landmark Commission thirty(30)days written notice. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. 26 PASSED BY THE CITY COUNCIL of the City of Beaumont this the ,29 6( r day of , 1993. - Mayor - 27