gonzales heritage preservation ordinance

8/8/2019 Gonzales Heritage Preservation Ordinance

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SEC. 14.32 GONZALES HERITAGE PRESERVATION ORDINANCE.

Subd. 1. Purpose. This ordinance has been developed with the purpose to preserve and

promote the natural beauty and distinctive historic character of the Gonzales Heritage Preservation

Property, which is so intimately connected with the history and life of Gonzales; to maintain and

promote the charm and atmosphere of an integrated shopping, living, entertainment, and recreation

area for visitors and the people of the City, to the end that the public welfare will be promoted and

advanced through the preservation of property values and the resulting benefits to the economy of

the City flowing from the promotion and maintenance of Gonzales as a leading attraction for

tourists and most importantly, to preserve and tromote the qualitv of life for the citizens of the

City.

Subd. 2. Title. This ordinance shall be known'and referred to as the "Gonzales Heritage

Preservation Ordinance".

Subd. 3. In their interpretation and application, the provisions of this Ordinance shall be

held to be minimum requirements. Where this Ordinance imposes a greater restriction than is

imposed or required by the provisions of law or by other rules or regulations or variances, the

provisions of this Ordinance shall control.

Subd.4. Definitions.

1. Board of Adjustment. That body which is otherwise defined by City of

Gonzales ZoningOrdinance No. 133,2nd Series.

2. Certificate of Historic Appropriateness. A permit issued to an applicant

upon determination by the Commission that a proposed project is found to be in conformity with

the requirements of this ordinance.

3. Commission. The "Commission" shall be known as the "Gonzales Heritage

Preservation Commission (HPC) " as established hereinafter'

4. Director. The City of Gonzales City Manager or designee.

5. Emergency Repair. The repair made necessary by a sudden natural

occunence or sudden unforeseen and uncontrollable act ofanother.

6. Heritage Preservation Properfy. An area, place, building, structure, lands,

district, or other object which has been duly designated Heritage Preservation Property pursuant to

this ordinance.

7. Official Guidelines . "The Secretary of Interior's Standards -for

Rehabilitation and Guidelines for Rehabilitating Historic Buildings", revised 1983, and amended

from time to time.



8. Supplementary Guidelines. A comprehensive report adopted by

resolution of the Heritage-Preservation Commission which addresses topics not covered in the

official guidelines.

Subd.S. Application. The restrictions, regulations, and controls on construction

prescribed by this Ordinance shall be applicable to the construction, demolition, maintenance,

iepair, alterations, modifications, and painting of buildings, signs and graphics, on any Gonzales

Heritage Preservation ProPertY'

Subd. 6. Commission. There is hereby created an advisory commission to be known

as the Gonzales Heritage Preservation Commission (HPC) which shall consist of seven (7)

members appointed by the City Council. Members must be property owners and currently reside

within the-City

Limits of Gonzales. They shall be appointed for terms of three (3) years and

eligible for reappointment for a consecutive three (3) year term. The membership of the

commission as appointed by the council shall include the following:

A) One (1) member being a licensed real estate broker or a local building

contractor

B) One (1) member being a registered architect

C) One (1) member from the Gonzales County Historical Commission or Main

StreeiAdvisory Board

D) Two (2) property owners within a Historic District

E) Two (2) property owners at large from within the city

All members shall have demonstrated interest or expertise in historic preservation

and the heritage of the City of Gonzales. When such persons are available, at least two members

shall be preservation-related professionals (including the professions of history, architecture,

architectural history, archaeology, planning, real estate, design, building trades, landscape

architecture or law).

The members of the Commission shall choose from among themselves a person to

act as chairperson who shall serve a period of one (1) year, unless re-elected, providing howevet,

that no person shall serve as chairperson for more than three (3) consecutive years. All members of

the Commission shall serve without pay.

Said Commission shall meet at least once a month if necessary, or more frequently,

as required to camy out the intent of this Ordinance. The City Manager shall appoint a staff

member to serve as an ex-officio member to assist the Commission in performing its duties.

The terms of the first Commission shall be staggered with two (2) of the members

being appointed for terms of one (1) year, two (2) of the members being appointed for terms of two

(2) years, and three (3) of the members being appointed for tetms of three (3) years.



Subd.7. Powers of the Commission.

A. Assistance. The Commission may request the City Manager to direct

City staff, including employees of the City library, to prepare studies which catalog buildings, land,

*.ur, districts, or other objects to be considered for designation as Heritage Preservation Property.

B. Designation. The Commission shall recommend to the City Council

areas, places, buildings, structures, lands, districts, or objects to be designated as Heritage

Preservation Property. In considering a recommendation for the designation of heritage

preservation property, the Commission shall apply the following criteria:

Its character, interest or value as part of the development

heritage or cultural characteristics of the City of Gonzales, State of Texas, or the United States.

ii. Its location as the site of a significant historic event'

iii. Its identification with a person or persons who significantlycontributed to the culture and development of the City of Gonzales.

iv. Its embodiment of distinguishing characteristics of an

architectural style, period, form, or treatment'

v. Its identification as the work of an architect or master builder

whose individual work has influenced the development of the city of Gonzales.

vi. Its embodiment of elements of architectural design, detail,

materials, or craftsmanship which represent a significant architectural innovation.

vii. Its unique location or singular physical characteristic

representing an established and familiar visual feature of a neighborhood, community, or the city

of Gonzales.

C. Planning Commission Review. The Commission shall advise the

Gonzales Planning Commission of the proposed designation of a Heritage Preservation Property,

including its boundaries, and a program for its preservation. The Heritage Preservation

Commission shall secure from the Planning Commission its recommendation with respect to the

relationship of the proposed heritage preservation designation to the Comprehensive Strategic Plan

of Gonzalis. The Planning Commission shall state its opinion as to the effect of the proposed

designation upon the surrounding neighborhood and any other planning consideration which may

be ielevant to the proposed designation. The Planning Commission shall also give its

recommendation of approval, rejection, or modification of the proposed designation. The

recommendation shall become part of the official record conceming the proposed designation to

the City Council. The Commission may make such modifications, changes, and alterations

concerning the proposed designation as it deems necessary in consideration of the

recommendations of the City Planning Commission.



D. Communications with State Historical Society. A copy of the

Commission's proposed designation of a Heritage Preservation Property, including boundaries, and

a program for its preservation shall be sent to the State Historical Society

E. Hearings. Prior to the Commission recommending to the City

Council any area, place, building, structure, land, district, or other object for designation as aHeritage Preservation Property, a public hearing shall be held in accordance with law, to seek the

recommendations of all concemed citizens. Prior to such hearing, the Commission shall cause tobe published once in the official newspaper, notice of the hearing in accordance with state law.

F. Findings and Recommendations. The Commission shall determinewhether the proposed Heritage Preservation Property is eligible for Designation as determined bythe criteria specified in Paragraph (B) of this subdivision. If the Commission recommends to the

City Council that a property be designated for heritage preservation, the Commission shall transmitto the City Council with its recommendation its proposed program for the preservation of theproperty.

G. Council Designation. The City Council, upon the request of theCommission, may by Ordinance designate a Heritage Preservation Property.

Subd.8. Additional Powers and Duties of the Commission.

A. Survey for Significance. The Commission shall conduct a continuingsurvey of all areas, places, buildings, structures, lands, districts or objects in the city of Gonzales

which the Commission, on the basis of information available or presented to it, has reason to

believe are significant to the culture, social, economic, political, or architectural history of the cityof Gonzales.

B. Survey for Improvements. The Commission may continually survey all

areas to determine needed and desirable improvements of older buildings through Gonzales, actingin a resource and advisory capacity to owners of historically significant properties regarding theirpreservation, restoration and rehabilitation.

C. Public Information. The Commission may work for the continuingeducation of the citizens of Gonzales with respect to the civic and architectural heritage of the City.It shall keep current a public register of designated and proposed Heritage Preservation Properties

and arca along with the plans and programs that pertain to them.

D. Donations. The Commission may recommend that the City accept gifts

and contributions and that the City staff assist in the preparation of applications for grant funds for

the purpose of Heritage Preservation. Any contributions or gifts will be expended in the mannerprovided through the fiscal policy of the City of Gonzales.

E. Information Dedicated. The Commission may, on a continuingbasis, collect and review certain City planning and development records, documents, studies,

models, maps, plans, and drawings to be entered into the Public Library.



F. Council Review of Designations. The Commission may make no

application to the National Register or to the State of Texas for the designation of a historic site or

district without the consent of the City Council.

G. Inform City Of Violations. The Commission shall have the authority to

inform the various Departments of the City Manager of violations of this Ordinance and

recommend to such Departments appropriate action, either under this Ordinance or under such

ordinances that are in force and effect at the time of violation, subject to appeal procedure set out

hereafter.

Subd. 9. Application for Review of Proposed Alterations

A. Application. Prior to issuing any building permits for signs, graphics,

and work which would alter the appearance of any designated Heritage Preservation Property, the

assigned city staff shall provide the applicant with a Heritage Preservation Commission Design

Review Application. The staff member shall instruct the Applicant on how to complete the form

and when to appear at the next regularly scheduled Heritage Preservation Commission (HPC)

meeting to obtain a City of Gonzales Heritage Preservation Commission Certificate ofAppropriateness. No building permit for exterior structural changes shall be issued prior to review

of the application.

B. Review. The Commission shall review the application and shall issue a

written order of approval or denial to the Director. The Commission shall make a decision within

sixty (60) days of the submission of the application or be subject to the default provision in

paragraph (C) or this subdivision. The Commission may make a written statement of any

stipulations necessary for the Commission's approval. Upon submittal of a revised proposal based

on those stipulations, the Director may approve the applicant's proposal and issue a Certificate ofAppropriateness.

C. Approval By Default. If no action upon an application submitted to the

Commission has been taken at the expiration of sixty (60) days from the date of submission of a

complete application for Certificate of Appropriateness, such application shall be deemed to have

been approved, and if all other requirements of the City have been met, the city building offrcial

shall authorize a building permit for the proposed alteration.

D. Recommendations and Decisions. The Commission and the director

shall each make their own findings before making a recommendation and issuing a Certificate of

Appropriateness. These findings shall be based upon the following:

(1) A completed Design Review Application form available from

the Gonzales Office of Citv Secretary,

(2) Adherence to the official and supplementary guidelines. A copy

of the most recent document shall be made available to any and all applicants -available through

the Gonzales Office of Citv Secretarv.

(3) In the case of a proposed alteration or addition to an existing

building, that such alteration or addition will not materially impair the architectural or historic



value of the building. The Commission's written findings shall consider the existing structures and

existing exterior appearance, building height, building width, depth, or other dimensions, roof

style, type of building materials, ornamentation, paving setback and color.

(4) In the case of a proposed demolition, an indication of the

following: the architectural and historic merit of the building; the effect on surrounding buildings;

the effect if any, of new proposed construction on the remainder of the building in case of partialdemolition, and on the building as it now exists, or if altered or modified in comparison with the

value or usefulness of any proposed structures designated to replace the present building or

buildings.(5) In the case of a proposed new building, that such building will

not in itself, or by reason of its location on the site, materially impair the architectural or historic

value of buildings on adjacent sites or in the immediate vicinity within the Heritage Preservation

Property.

(6) In each case, the Commission shall make findings that the

appropriate guidelines and rules have been followed. The supplementary guidelines shall be

advisory but not binding.

E. Signage. Signage shall be designed to enhance and compliment the

historic character of buildings within the district. Prior to issuance of a sign permit for a new sign

or the replacement of an existing sign, the applicant shall complete a design review application.

Whenever any Heritage Preservation Property sign, graphic, visual display or fixture on a Heritage

Preservation Property is to be constructed, repaired, altered, modified, or painted, such work shall

be done in a manner in sympathy and in keeping with the official and supplementary guidelines.

Nothing herein shall be considered an attempt to regiment construction, reconstruction, or

preservation to the extent of prohibiting modem technological styling or materials which would be

in sympathy with the official and supplementary guidelines. However, where a business or

organization presents a logo from its major franchiser, said logo will be deemed to be in

conformance with the Ordinance, so long as the presentation of that logo does not greatly detractfrom those aspects promoted by this Ordinance. The Heritage Preservation Commission shall

review said application and issue a Certificate of Appropriateness provided the following

guidelines are met:

(1) Compliance. All sign permits for property within the local

historic districts shall comply both with the requirements of this Chapter and all other City Code

provisions.

(2) Sign and Placement. Signs shall be positioned so they are an

integral design feature of the building, which means that signs shall help define and enhance the

architectural features of the building and shall be placed so that they do not destroy architectural

details such as, but not limited to, stone arches, glass transom panels, or decorative brickwork.Signs may be placed only in the horizontal lintel "sign space" above the store front windows, or

within window glass, attached to awnings, or in areas where signs were historically attached.

(3) Colors. Sign colors shall blend with the building facade to

which the sign is attached and be compatible with the property's use.



(4) Message. The sign message may be accomplished through the

use of words, pictures, names, symbols, and logos.

(5) Lettering. Lettering styles shall be legible and relate to the

character of the property's use. In addition, a sign shall contain no more than two lettering styles;

and lettering shall occupy no more than sixty percent (60%) of the sign's total area and capital

letters shall be no more than seventy-five percent (75%) of the height of the sign background.

(6) Illumination. External illumination of signs is permitted.

Illumination may be incandescent or fluorescent, but does not shine into the street during

operation. Exposed neon lighted signs may be appropriate to the Heritage Property provided they

meet the other requirements of this section. The use of internally lighted signs, such as, but not

limited to backlit plastic, is not permitted. Exceptions to this guideline shall be allowed for the

following: public service time and/or temperature signs; theater signage.

F. Alternative Decisions of Commission.

(1) In case the Commission has made the necessary findingsbuildings, lands or areas or districts cannot be preserved without acquisition, the Commission may

recommend to the Council that the property in question be acquired by gift or negotiation.

G. Bmergency Repair. In emergency situations where immediate repair is

needed to protect the safety of the structure and its inhabitants, the City Manager may approve the

repair without prior Commission action. In the case of a permit issued pursuant to this subdivision,

the City Manager shall immediately notify the Commission of its action and specify the facts or

conditions constituting the emergency situation.

H. Appeal to The Board of Adjustment. The permit applicant or any

party aggrieved by the decision of the Commission shall, within twenty (20) days of the date of the

Commission's order and decision, have a right to appeal such order and decision to the Board ofAdjustment. The appeal shall be deemed perfected upon receipt by the City Secretary of two

copies of a notice of appeal and statement setting forth the grounds for the appeal. The City

Secretary shall transmit one copy of the notice of appeal and statement to the Board of Adjustment

and one copy to the Commission. The concurring vote of three (3) of the members of the Board

shall be necessary to reverse any order, requirement, decision, or determination of the Heritage

Preservation Commission or to decide in favor of the applicant on any matter upon which it is

required to pass under this Chapter; provided, however, that the action of the Board shall not

become effective until after the Resolution of the Board setting forth the full reason for its decision

and the vote of each member participating therein, has been presented to the Council for final

consideration and adoption. The Commission, in any written order denying a permit application,

shall advise the applicant of his right to appeal to the Board of Adjustment and include this

paragraph in all such orders.



Subd. 10. Simplified Review Process for Minor Work. When proposed work is in

conformance with the applicable preservation program and./or historic district guidelines, permit

applications for minor work may be approved by the director or by the Heritage Preservation

Commission.

Minor work shall include such work as repair or reroofing in kind; repairs to

existing windows, doors, siding, or trim; and repairs to porches, fences, retaining walls andlandscape. Review will not be required of work done under utility and sidewalk permits issued by

the Codes Enforcement Department unless such permit requires removal of designated historic

objects or features.

Subd. 11. Repository for Documents. The office of the of the City Secretary of the City

of Gonzales is designated as the repository for at least one copy of all studies, reports,

recommendations and programs required under this Chapter l.

Subd. 12. DESIGNATION. The district described in Resolution No. 1989-95 by the City

Council of the City of Gonzales at the Public Hearing of June 12, 1989 and designated the

"Gonzales Historic District" is hereby adopted as part of this Ordinance and is designated as theGonzales Heritage Preservation District.

Subd. 13. SPECIFIC LANDS DESIGN STANDARDS. Any construction, alterations.

additions or modifications to any building or improvement located on City property within the

District or those buildings or improvements located on one of the City "Avenues" shall comply

with the following design standards.

A.) General conditions.

1.) Any development that contains more than one building shall incorporate a recurring,

uniffing and identifiable theme for the entire development.

2.) The predominant (65 percent of the wall area or greater) exterior building fagade must

be of high-quality materials such as brick, wood, native stone, stucco, exterior insulatedfinished systems (EIFS), and tinted/textured concrete masoffy units. Smooth-faced

concrete block and tilt-up panels are prohibited as the predominant facade.

3.) All facades of a building that are visible from adjoining properties or public streets

shall have design characteristics similar to the building's front facade. This shall be

implemented by requiring the same treatment as discussed in subsection (A)(2) of this

section.

4.) Roofs must have: Parapets concealing flat roofs and mechanical equipment from

adjoining properties and street rightof-way, or must have two or more of the following:

Overhanging eaves, sloped roofs, or three or more roof planes. If parapet roof design is

utilized, all roof sides must be completely enclosed by parapets. Standing seam metal

roofing with concealed fasteners is allowed.5.) All parking lot lighting sources shall be of the same type of illumination. Freestanding

lampposts shall be no taller than 18 feet. All lighting shall be "dark-sky" compliant.

6.) Mechanical equipment, including, but not limited to, heating/cooling systems, trash

receptacles, and utility boxes shall be completely screened from adjoining properties

and street right-of-way. For ground-mounted equipment, the screening shall be a wall

or fence, or the equipment shall be enclosed within a building. For roof-mounted



equipment, the screening shall be architecturally incorporated into the roof and shall

consist of materials compatible with the supporting building.

7.) Prefabricated steel panels are prohibited unless covered with an allowable high quality

material as defined in this section.

B.) Design review. The following drawings, information and plans shall be submitted to the

Zoning Administrator for design review and approval with site plan or development plan

applications:1.) Rendered elevation drawings of front, rear and one side of the proposed structure at

one-eight inch to one foot (minimum) scale showing the design of the structure, and the

context of the external building materials being proposed.

2.) The site plan shall include the location and proposed screening of all ground mounted

mechanical equipment.

3.) The site plan shall include a description of the type of illumination proposed, and the

height of any freestanding lamppost(s).

C.) Effects of approval. An approved design shall be binding on the applicants and their

successors and assignees. No building permit or certificate of occupancy shall be issued

for any building or structure not in conformance with the approved design. No element of

an approved design shall be eliminated, altered or provided in another manner unless an

amendment is approved in accordance with this section, however, the planning commission

may approve such changes in the design as will not cause any of the following

circumstances to occur:

1.) Any change to the recurring, unifying and identifiable theme from one building to the

next in a single development.

2.) Any change that reduces the percentage of the predominate fagade to a percentage less

than 65 percent of the wall area.

3.) Any modification having an adverse impact on adjacent property.

4.) Any modification that allows less than two of the required roof elements.

5.) Any modification that lessens the requirements for screening of the mechanical

equipment.6.) Any modification that lessens the requirements for all facades of a building, visible

from adjoining properties or public streets, having similar design characteristics to the

building's front facade.

D.) Variances.

1.) Request for variances from this section shall be in compliance with section 94-61.

Such request shall be in writing and demonstrate that:

a.) Special conditions or circumstances exist that are not applicable to other lands,

structures, or buildings such that a literal interpretation of this section would result

in an undue hardship, and that the special conditions or circumstances do not result

from the actions of the applicant; or

b.) The requirements should be varied in whole or in part to encourage3 rehabilitation,remodeling, or expansion of an existing structure.

2.) The board of zoning adjustment may grant a variance request, however, the variance

granted shall be the minimum required to make possible the reasonable use of the land,

building or structure, provided that such variance will be in harmony with the general

purpose and intent of this article and will not be injurious to the neighborhood or

otherwise detrimental to the public welfare.