City Of Martindale

Chapter 114, Article 3

ORDINANCE NO. 2008-341

AN ORDINANCE OF THE CITY OF MARTINDALE, TEXAS CREATING A HISTORIC LANDMARK AND DISTRICT ZONING ORDINANCE

WHEREAS, CH.221 TEXAS LOCAL GOVERNMENT CODE, the Municipal Zoning Authority, specifically authorizes zoning functions and procedures for municipalities; and

WHEREAS, CH.221 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 buildings, other structures, or land and within which zoning regulation must be uniform for each class or kind of building in a district; however, zoning regulations may vary from district to district.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF MARTINDALE, TEXAS that this Historic Landmark and District Zoning Ordinance is hereby adopted as part of the comprehensive zoning plan, pursuant to CH.211 TEXAS LOCAL GOVERNMENT CODE.

SECTION 1. PURPOSE

The City Council of Martindale hereby declares that as a matter of public policy the protection, enhancement, and perpetuation of landmarks or district of historical and cultural importance and significance is necessary to promote the economic, cultural, educational, and general welfare of the public. It is recognized that the architecture represents the unique confluence of time and place that shaped the identity of generations of citizens, collectively and individually, and produced significant historic, architectural, and cultural resources that constitute their heritage. This act is intended to:

(a) protect and enhance the landmarks and districts which represent distinctive elements of Martindale’s historic, architectural, and cultural heritage;

(b) foster civic pride in the accomplishments of the past;

(c) protect and enhance Martindale’s attractiveness to visitors and the support and stimulus to 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 improvement of such properties and their values.

For approximately one hundred years (1860-70s to 1960-70s) Martindale, Texas, situated on the banks of the San Marcos River was known for its agriculture, seed production, and cotton ginning. Commercial buildings and individual residences especially reflect the late nineteenth and early twentieth century culture. (See Appendix A: Definitions)

SECTION 2. HISTORICAL PRESERVATION COMMISSION

There is hereby created a commission to be known as the Martindale Historic District and Landmark Commission.

(a) The Commission shall consist of five (5) members to be appointed by the City Council, to the extent available among the residents of the community, by the City Council. Possible representatives include: an architect, planner, representative of design profession, historian, licensed real estate broker, attorney, and an owner of a landmark or of a property in a historical district.

(b) All Commission members, regardless of background, shall have a known and demonstrated interest, competence, or knowledge in historical preservation within the City of Martindale.

(d) Commission members shall serve for a term of at least two (2) years, with the exception that the initial term of three (3) members shall be three (3) years, and two (2) members shall be two (2) years (to achieve a staggered term).

(e) The Chair and the Vice Chair of the Commission may be elected by and from the members of the Commission.

(f) The Commission shall be empowered to:

(i) Make recommendations for employment of staff and professional consultants as necessary to carry out the duties of the Commission.

(ii) Prepare rules and procedures as necessary to carry out the business of the Commission, as ratified by the City Council.

(iii) Adopt criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts, as 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 its membership and delegate to these committees responsibilities to carry out the purposes of this ordinance.

(vii) Maintain written minutes which record all actions taken by the Commission and the reasons for taking such actions.

(viii) Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers.

(ix) Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.

(x) Make recommendations to the city government concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city.

(xi) Approve or disapprove applications for certificates of appropriateness pursuant to this act.

(xii) Prepare and submit to the City Council a report, annually in October, summarizing the work completed during the previous year.

(xiii) Prepare specific design guidelines for possible landmarks and districts.

(xiv) Accept on behalf of the city government the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation, subject to the approval of the City Council.

(g) 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, Chapter 551 of the Texas Government Code.

(h) 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

The Commission, with the approval of the City Council or a designee, shall appoint a qualified city official or staff person of the City of Martindale 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 coordinating the city’s preservation activities with those of state and federal agencies and with local, state, and national nonprofit preservation organizations. NOTE: In the absence of a qualified official or staff person of the municipality, a volunteer resident serving as Preservation Officer should be aware of the liability issues involved in serving in this capacity.

SECTION 4. DESIGNATION OF HISTORIC LANDMARKS

(a) These provisions pertaining to the designation of historic landmarks constitutes a part of the comprehensive zoning plan of the City of Martindale.

(b) Property owners of proposed historic landmarks shall be notified prior to the Commission hearing on the recommended designation. At the Commission’s public hearing, owners, interested parties, 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 landmark.

(c) Upon recommendation of the Commission, the proposed designation of a historic landmark shall be submitted to the Zoning Commission within thirty (30) days from the date of the submittal of designation request. The 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 hearings shall be in the same time and manner and according to the same procedures as specifically provided in the general zoning ordinance of the City of Martindale. The Zoning Commission shall make its recommendation to the City Council within forty-five (45) days subsequent to the hearing on the proposed designation.

(d) 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 a hearing, and make its determination in the same time and manner as provided in the general zoning ordinance of the City of Martindale.

(e) Upon designation of a (building, object, site, structure) as a historic landmark or district, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Caldwell County, the tax records of the City of Martindale, and the Caldwell County and Hays County Appraisal Districts as well as the official zoning maps of the City of Martindale. All zoning maps should indicate the designated landmarks with an appropriate mark.

SECTION 5. DESIGNATION OF HISTORIC DISTRICTS

(a) These provisions pertaining to the designation of historic districts constitute a part of the comprehensive zoning plan of the City of Martindale.

(b) Property owners within a proposed historic district shall be notified prior to the Commission hearing on the recommended designation. 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.

(i) Contains properties and an environmental setting which meet one or more of the criteria for designation 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 Zoning Commission within thirty (30) days from the date of submittal of designation request. The 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 time and manner and according to the same procedures as specifically provided in the general zoning ordinance of the City of Martindale. The 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 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 hearings, and make its determination in the same time and manner as provided in the general zoning ordinance of the City of Martindale.

(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 Caldwell County, the tax records of the City of Martindale, and the Caldwell County and Hays County Appraisal Districts as well as the official zoning maps of the City of Martindale. All maps should indicate the designated historic district by an appropriate mark.

SECTION 6. CRITERIA FOR DESIGNATION OF HISTORIC LANDMARKS AND DISTRICTS

A historic landmark or district may be designated if it:

(a) Possesses significance in history, architecture, archeology, and/or culture.

(b) Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history.

(d) Embodies the distinctive characteristics of a type, period, or method of construction.

(e) Represents the work of a master designer, builder, or craftsman.

(f) Represents an established and familiar visual feature of the city.

SECTION 7. CERTIFICATE OF APPROPRIATENESS FOR ALTERATION OR NEW CONSTRUCTION AFFECTING ONLY EXTERIORS OF LANDMARKS OR IN HISTORIC DISTRICTS

In historic districts, a certificate of appropriateness will be required for proposed construction or renovation to ensure compatibility with the existing historic resources of the district.

No person shall carry out any exterior construction, reconstruction, alteration, restoration, rehabilitation, relocation, or demolition of any historic landmark or any property within a historic district; nor shall any person make any material change in exterior elements visible from a public right-of-way which affect the appearance and cohesiveness of any historic landmark or any property within a historic district, without first having complied with the provisions of this Ordinance.

SECTION 8. CRITERIA FOR APPROVAL OF A CERTIFICATE OF APPROPRIATENESS

In considering an application for a certificate of appropriateness, the Commission shall be guided by any adopted design guideline, and where applicable, from The Secretary of the Interior’s Standards of Rehabilitation of Historic Buildings (Appendix B). Any adopted design guideline and Secretary of the Interior’s Standards shall be made available to the property owners of historic landmarks or within historic districts.

(a) Unless an alteration contributes to the appearance and cohesiveness of any historic landmark or any property within a historic district, every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, or object and its environment.

(b) Unless an alteration contributes to the appearance and cohesiveness of any historic landmark or any property within a historic district, the distinguishing original qualities or character of a building, structure, or object and its environment, shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

(d) Changes which may have taken place in the course of time may be 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 considered.

(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 ideally should reflect the material being replaced in composition, design, color, texture, and other visual qualities, taking into consideration economic and technical feasibility of the materials. 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 historical 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) Appropriate 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, material, and character of the property, neighborhood, or environment.

(j) Whenever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired.

SECTION 9. CERTIFICATION OF APPROPRIATENESS APPLICATION PROCEDURE

(a) Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Commission. The application shall contain:

(i) Name, address, telephone number of applicant, detailed description of proposed work.

(ii) Location and photograph of the property and adjacent properties. Historical photographs, when available, may be requested as well.

(iii) Elevation drawings of the proposed changes, if available.

(iv) Pictures, brochures, or physical samples of materials to be used.

(v) If the proposal includes 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 a plan showing the sign’s location on the property.

(vi) Any other information which the Commission may deem necessary in order to visualize the proposed work.

(vii) If the applicant so desires, a request that the Commission expedite the application, and list the reasons why.

(b) No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Commission. The certificate of appropriateness required by this act shall be in addition to, and not in lieu of, any building permit that may be required by any other ordinance of the city of Martindale.

(c) The Commission shall review the application at a regularly scheduled or special meeting within thirty (30) days from the date the application is received, at which time an opportunity will be provided for the applicant to be heard. The Commission shall act upon the certificate of appropriateness, with possible modifications, within thirty (30) days after the review meeting. In the event the Commission does not act within sixty (60) days of the receipt of the application, a certificate of appropriateness shall be granted. The Commission’s decision is limited to those decisions stated in the ordinance, i.e. approve, deny, or approve with modifications.

(d) All decisions of the Commission shall be in writing. The Commission’s decision shall state its findings pertaining to the approval, denial, or modification of the application. A copy shall be sent to the applicant. Additional copies shall be filed as part of the public record on that property and dispersed to appropriate departments, e.g. building inspection.

(e) An applicant for a certificate of appropriateness dissatisfied with the action of the Commission relating the issuance or denial of a certificate of appropriateness shall have the right to appeal to the City Council within thirty (30) days after receipt of notification of such action. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same time and manner as provided in the general zoning ordinance of the city.

SECTION 10. CERTIFICATE OF APPROPRIATENESS REQUIRED FOR DEMOLITION

A permit for the demolition of a historic landmark or property within a historic district, including secondary building and major landscape features, shall not be granted by the building inspector (or other city official) without the review of a completed application for a certificate of appropriateness by the Commission, as provided for in Sections 7, 8, and 9 of the ordinance.

SECTION 11. ECONOMIC HARDSHIP APPLICATION PROCEDURE

(a) After receiving written notification from the Commission of the denial of certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Commission makes a finding that hardship exists.

(b) When a claim of economic hardship is made due to the effect of this ordinance, the owner must prove that:

(i) the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

(ii) the property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

(iii) efforts to find a purchaser interested in acquiring the property and preserving it have failed.

(c) The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be demonstrated to the Commission.

(d) The Commission shall hold a public hearing on the application within sixty (60) days from the date the application is received by the Preservation Officer. Following the hearing, the Commission has thirty (30) days in which to prepare a written recommendation to the Preservation Officer. In the event that the Commission does not act within ninety (90) days of the receipt of the application, a building or demolition permit may be granted.

(e) All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the city clerk’s office for public inspection. The Commission’s decision shall state the reasons for granting or denying the hardship application.

(f) An applicant for a certificate of appropriateness dissatisfied with the action of the Commission relating to the issuance or denial of a certificate of appropriateness shall have the right to appeal to the City Council within thirty (30) days after receipt of notification of such action. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same time and manner as provided in the general zoning ordinance of the city.

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 Preservation Officer to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Commission and verification by the Preservation Officer, the Preservation Officer 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 or landscaping of a landmark or property within a historical district which does not involve a change in design, material, or outward appearance. Replacement or repair, using the same or comparable materials, is included in this definition of ordinary maintenance. New colors may be included as ordinary maintenance, as long as the new color is in keeping with the historical aspect of the property.

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.

Demolition by neglect would be deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. Failure to prevent further deterioration would also constitute demolition by neglect.

SECTION 15. PENALTIES

A person commits an offense if the person violates the provisions of this Ordinance and shall be guilty of a misdemeanor, punishable by a fine not to exceed Five Hundred Dollars ($500.00). Each day in which a violation continues shall constitute a separate offense.

SECTION 16. INDEPENDENT RELEVANCE OF SECTIONS.

If any portion of this Ordinance shall be held to be unenforceable, void or ineffective, such holdings shall not affect the other portions of this Ordinance and it is the intention of the City Council that each of the Sections of this Ordinance has independent relevance and shall be enforceable independently of other Sections.

PASSED and APPROVED this 22^nd day of January, 2008.

CITY OF MARTINDALE, TEXAS

By:______________________________

Mayor

ATTEST:

By:________________________

City Secretary

APPENDIX A: DEFINITIONS

ALTERATION: means any change to the exterior of a building, structure, object or site. Alteration shall include, but is not limited to, changing to a different kind, type, or size of roofing or siding materials; changing, elimination, or adding exterior doors, door frames, windows, window frames, shutters, fences, railings, columns, beams, walls, porches, steps, porte-cocheres, balconies, or ornamentation; or the dismantling, moving or removing of any exterior feature. Alteration does not include ordinary maintenance and repair.

ARCHITECTURAL CONTROL: Regulations governing the appearance or architectural style of buildings or structures. Architectural control is a form of aesthetic zoning.

ARCHAEOLOGICAL: means relating to the study of past human behavior through use of material remains of historic and prehistoric origin.

ARCHAEOLOGICAL SITE: means property or a location designated by the City Council on which there exist material remains of past life or past life activities that occurred on the property or at the location.

BUILDING: a building, such as a house, barn, church, hotel, or similar construction that is created to shelter any form of human activity. Building may also be used to refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn.

BUILDING PERMIT: means an official document or certificate issued by the city secretary on behalf of the building official authorizing performance of a specified activity, including the alteration, restoration, rehabilitation, construction, relocation or demolition of a building, structure, or object.

CERTIFICATE OF APPROPRIATENESS: means a current and valid permit issued by the Commission or the planning official, as applicable, authorizing the issuance of a building permit for construction, alteration, rehabilitation, restoration, relocation, or demolition required by the article.

CONSTRUCTION: means the act of expanding an existing building, structure, or object; or the creation of a new building, structure, or object on a lot, site, or other property.

DEMOLITION: means an act or process that destroys in whole or in part any building, structure, object, or site.

DESIGN REVIEW: means the decision-making process conducted by an established review committee of a local government that is guided by the terms set in the historic preservation ordinance.

DESIGN REVIEW GUIDELINES: these are a set of guidelines adopted by the commission that details acceptable alterations of designated properties. They are usually generously illustrated and written in a manner that would be understood by most property owners.

DESIGNATED: means the formal recognition by the city council of a building, structure, object, site, or district as historically, architecturally, culturally, or archaeologically significant to the city, state, nation, or region.

DISTRICT: A district possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.

ECONOMIC RETURN: a profit or capital appreciation from use or ownership of a building, object, site, or structure that accrues from investment or labor.

ENABLING LEGISLATION: State legislation that grants certain authority to local governments so that they may direct the development of their communities. Chapter 211, Municipal Zoning Authority, is the legislation that enables municipalities in Texas to zone and designate historic landmarks and districts as part of a comprehensive zoning plan.

EXTERIOR FEATURE: means an element of the architectural character and general arrangement of the external portion of a building, structure, or object, including building materials, that is visible from a public right-of-way.

GENERAL LAW CITIES: This refers to incorporated municipalities with populations fewer than 5,000. These cities must conform to the general laws of the state of Texas.

HISTORIC PROPERTY: A district, site, building, structure, or object significant in American history, architecture, engineering, archaeology, or culture at the national, state, or local level.

INTEGRITY: The authenticity of a property’s historic identity, evidenced by survival of physical characteristics that existed during the property’s historic or prehistoric period.

INVENTORY: A list of historic properties that have been identified and evaluated as meeting specified criteria of significance.

LANDMARK: this refers to any individual building, structure, or object that is significant for historical, architectural, or archaeological reasons.

NONCONTRIBUTING: A building, object, site, or structure which neither adds to nor detracts from a district’s sense of time and place and historical development.

OBJECT: The term object is used to distinguish from buildings and structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment, such as statuary in a designated landscape.

ORDINARY MAINTENANCE: This generally refers to activities relating to a property that would be considered ordinary or common for maintaining the property, such as the replacement of a porch floor with identical or comparable materials. It also may include other activities, such as painting.

PRESERVATION: The act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as continued maintenance of the historic building materials.

PRESERVATION PLANNING: This refers to the planning for the continued identification and evaluation of historic properties and for their protection and enhancement.

REHABILITATION: The act or 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 or features of the property which are significant to its historical, architectural, and cultural values.

RELOCATION: any change in the location of a building, structure, or object.

RESTORATION: The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

SIGNIFICANT TREES: are those which measure twenty-four (24) caliper inches, four (4) feet above the ground, or those which are identified with historic personages or important events in local, state, or national history.

SITE: A site is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archaeological value regardless of the value of any existing structure.

SPECIAL DISTRICT: A district established to accommodate a narrow or special set of uses or for special purposes. The term can signify any district beyond the conventional residential, commercial, industrial, and agricultural districts. Examples include open space districts, hotel/motel districts, or historic districts. The establishment of special districts must have an appropriate police power basis (these should be spelled out in the preamble or statement of purpose.)

STATUTORY LAW: This is the body of law established through statutes initiated and adopted by elected officials participating in our legislative and executive branches of government.

STRUCTURE: The term structure is used to distinguish from building those functional constructions made usually for purposes other than creating shelter.