Ord 090-2001 9/18/2001ORDINANCE NO. 90 -2001
ORDINANCE AMENDING CHAPTER 2, ART. IV DIV. 5 OF THE CODE
OF ORDINANCES; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Landmark Commission, a Commission appointed by City
Council, has recommended amending Chapter 2, Article IV Division 5 of the Code of
Ordinances; and
WHEREAS, the City Council has determined that the changes recommended
herein are in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The Historic Preservation Ordinance is hereby amended to include
the following provisions for the appointment of a Local Historic Preservation Officer:
Sec. 2- 160.7.3. Local Historic Preservation Officer
(a) Creation. There is hereby appointed a local historic preservation officer for
the City of Wichita Falls.
(b) Appointment. The city manager shall appoint an existing, qualified City
employee as the Wichita Falls Local Historic Preservation Officer.
(c) Functions.
(1) Serve as the local preservation contact and /or liaison for: the City of Wichita
Falls, the community, Texas Historical Commission, and the National Park
Service.
(2) Submit copies of Landmark Commission meeting minutes and activities to
the Texas Historical Commission.
(3) Provide resource materials and information to all Landmark Commission
members to better assist them in their duties.
SECTION 2. The subsequent sections of Chapter 2, Article IV Division 5 of the
Code of Ordinances (Historic Preservation Ordinance) are hereby amended only in their
in numerical sequence, and shall read as follows:
Sec. 2- 160.7.4 Exterior alterations to landmarks
Application to the Landmark Commission shall be made prior to any alteration to the
exterior of any part of a landmark, or prior to the construction, reconstruction,
demolition, removal, or relocation, except routine maintenance of any site within a
designated historic district.
(1) The application shall be reviewed at a meeting open to the public; and a decision
for approval, continuance, or disapproval shall be made within thirty (30) days
after review by the landmark commission. An application for demolition, removal,
or relocation must be accompanied by an application to remove the designation
as a landmark.
(2) After thirty (30) days following the date of review of an application by the
landmark commission, if no decision has been rendered nor any action taken by
the landmark commission, approval shall be deemed granted, and a building
permit, if required, may be issued.
(3) Approval which has been granted under the provisions of this section shall expire
six (6) months from date of issuance if authorized work has not begun and after
one (1) year if not completed. The landmark commission may, however, renew
an approval if application is made within thirty (30) days of its expiration.
(4) Landmarks must be maintained to ensure their structural soundness and to
assure their exterior preservation. Ordinary repair and maintenance is exempt
from review by the landmark commission and the provisions of this section, as
are emergency measures authorized by the building inspection division to protect
the health, safety, and public welfare. "Ordinary repair and maintenance" is
defined as any work for which a building permit is not required, where the
purpose of the work is to correct any damage or deterioration, and where such
work will not noticeably change the exterior appearance of any part of the
landmark. (Ord. No. 32 -84, § 1(V), 3- 20 -84)
(5) An application shall be considered submitted when the landmark commission
begins deliberations on the project. The need for additional information shall
extend the application submittal period for an additional thirty (30) days. Should
the information not be forthcoming during that period, the application shall be
considered null and void.
Sec. 2-160.7.5 Criteria
To preserve the integrity of historical districts or landmarks that may be designated by
the city council, the following design criteria shall be used to compare and evaluate
individual structures presented for design review. The intent of these criteria is to assure
the preservation of the architectural and historic character of the structures located
within the historical district or landmark. The criteria guidelines, Section (1)(a) through
(j) have been adapted from the Secretary of the United States Department of the
Interior's revised regulations (36 CFR 67 -1983) for `Standards for Rehabilitation of
Historic Buildings.' The criteria provide guidelines for the restoration of existing
structures and assure that new construction will blend with the existing character of the
area.
(1) Design criteria used to compare and evaluate existing structures for rehabilitation
within a designated historical district or landmark include the following:
a. Every reasonable effort shall be made to provide a compatible use for a
property, which requires minimal alteration of the building, structure, or
site and its environment, or to use a property for its originally intended
purpose.
b. The distinguishing original qualities or character of a building, structure, or
site and its environment shall not be destroyed. The removal or alteration
of any historic material or distinctive architectural features shall be
prohibited.
C. All buildings, structures, and sites shall be recognized as products of their
own time. Alterations that have no historical basis and which seek to
create an earlier appearance shall be discouraged.
d. Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure, or site and its
environment. These changes may have acquired significance in their own
right, and this significance shall be recognized and respected.
e. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
Deteriorated architectural features shall be repaired rather than replaced,
wherever 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.
g. The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken.
h. Every reasonable effort shall be made to protect and preserve
archeological resources affected by or adjacent to any project.
i. Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural or cultural material, and such
design is compatible with the size, scale, color, material and character of
the property, neighborhood or environment.
New additions or alterations to a structure or landmark and /or its
environment are subject to review by the Landmark Commission, unless
the essential form and integrity of the structure and /or its environment
would be unimpaired by the removal of said additions or alterations at a
later date.
(2) Design criteria used to compare and evaluate new construction within a
designated historical district or landmark include the following:
a. Buildings should be constructed to a height within ten (10) percent of the
average height of existing adjacent buildings.
b. The relationship between the width and the height of the front elevation
and the width to height of windows and doors should be consistent with
other buildings in the area.
C. Rhythm, or the ordered recurrent alteration of strong and weak elements
of the masses to openings, should be considered.
d. Materials should be consistent with existing structures within the area in
design, color, texture and other visual qualities.
e. Architectural detail should be consistent with existing structures within the
area. Detail may include the selection of cornices, arches, quoins,
balustrades, wrought -iron work, chimneys or roof shape.
f. The selection of a particular quality and quantity of landscaping should be
in continuity with the surrounding area.
(3) Design criteria for general use throughout a designated historical district or
landmark include the following:
a. Signs.
1. Graphic designs or individual letter mounted or placed directly on
the face of a building are generally a preferred sign type.
2. Carefully designed signs on boards or plaques mounted flush with
the side of the building are generally a preferred sign type.
3. Simplicity and restraint in the selection of materials and lighting.
Wood, wrought iron, and steel are preferable to plastics and
extruded aluminum. Lighting achieved by flood or projected light or
exposed globes is preferred to back lighting. Signs with rotating,
blinking, or other features that appear to be moving are prohibited.
b. Sidewalks and curbs. Sidewalks and curbs, constructed with an adequate
barrier -free and aesthetic manner providing an efficient and convenient
system for pedestrian movement, are encouraged. Street furniture for
comfort and convenience and aesthetically pleasing street hardware,
including pedestrian scale lighting fixtures and intensities, are encouraged.
C. Parking and loading. Off - street parking and loading facilities have an
efficient functional relationship to the overall circulation system. The
enhancement of the aesthetic quality of off - street parking and loading
facilities with unobtrusive and appropriate screening and landscaping is
encouraged. (Ord. No. 32 -84, § I(VI), 3.20 -84)
Sec. 2-160.7.6 Appeal
Any person who is aggrieved by a ruling or action of the landmark commission under
the provisions of this division may, within thirty (30) days after the ruling, appeal to the
city council by filing written notice with the city clerk. (Ord. No. 32 -84, § I(VIZ, 3- 20 -84)
Sec. 2-160.7.7 Compliance
The building and code administrator shall regularly inspect the exterior of landmarks,
and any work on a landmark, and landmarks with pending designation status, to assure
compliance with this division. In the event work is performed without or contrary to the
provisions of this division, the building and code administrator or his designate shall
immediately stop any work, such order which shall institute immediately an appropriate
action or proceeding to prevent any further unlawful action; and the unauthorized work
must be corrected to meet conditions established by the landmark commission. Should
the landmark's structural soundness and exterior preservation begin to deteriorate from
neglect, the building and code administrator shall notify the landmark commission and
proper action taken. (Ord. No. 32 -84, § I(VIII), 3- 20 -84)
Sec. 2- 160.7.7.1. Enforcement, Legal Procedure and Penalties
It shall be the duty of the City to enforce this ordinance. Any person, who violates,
disobeys, omits, neglects or refuses to comply with or who resists the enforcement of
any of the provisions of this Ordinance shall be guilty of a 'Class C' Misdemeanor
Offense punishable by a fine not to exceed $500.00. The imposition of one penalty for
any violation shall not excuse the violation nor permit it to continue, and each day that
the violation is maintained shall constitute a separate offense. The application of such
penalty shall not be held to prevent the enforced removal of prohibited conditions.
SECTION 3. Sec. 2- 160.7.8. (1) Designated Wichita Falls landmarks and
districts, is hereby amended under Item (1) Depot Square Historic District to include the
following addition of Lots 3 through 7, Block 177, along with Lots 1 through 3, and the
north half of Lot 4, Block 181, Original Townsite as described in Exhibit 'A' attached
hereto and incorporated herein for designation:
Sec. 2- 160.7.8 Designated Wichita Falls landmarks and districts
The following are designated as landmarks:
(1) A historic district, to be known as the Depot Square Historic District, is hereby
established, to consist of the following area:
Beginning at a point at the southeast corner of Fifth Street and Indiana Avenue, said
point also being the intersection of the east right -of -way line of Indiana Avenue and the
south right -of -way line of Fifth Street;
Thence southerly along the east right -of -way line of Indiana Avenue to the southwest
corner of Lot 11, Block 139, Original Townsite;
Thence easterly along the south line of Lot 11, Block 139 to a point, said point being the
west line of a twenty -five foot wide north -south alley in Block 139;
Thence southerly along the west line of said alley, crossing Sixth Street and continuing
in Block 152 to a point, said point being the southeast corner of Lot 10, Block 152;
Thence westerly along the south line of Lot 10, Block 152 to a point of intersection with
the east right -of -way line of Indiana Avenue;
Thence southerly along said line crossing Seventh Street to a point of intersection with
the south right -of -way line of Seventh Street, said point also being the northwest corner
of Lot 14, Block 163;
Thence easterly seventy -five (75) feet along the north lot line of Lot 14 to a point in the
north lot line of Lot 14, Block 163;
Thence southerly one hundred (100) feet to a point in the south line of Lot 13, Block
163, said point being seventy -five (75) feet east of the southwest corner of said lot;
Thence easterly seventy -five (75) feet to a point in the west line of a twenty -five (25)
foot alley;
_ Thence southerly along said line, crossing Eighth Street into Block 176 to a point, said
point being the southeast corner of Lot 12, Block 176;
Thence easterly to a point of intersection with the east right -of -way line of Ohio Avenue,
said point also being the southeast corner of Lot 3, Block 176;
Thence northerly fifty (50) feet to the southeast corner of Lot 2, Block 176;
Thence easterly across Ohio Avenue to the southwest corner of Lot 13, Block 177;
Thence easterly along the south line of Lot 13, Block 177, to a point, said point being
the west line of LaSalle Street, a twenty -five (25) feet wide north -south alley in Block
177;
Thence southerly along the west line of LaSalle Street, crossing Ninth Street and
continuing in Block 181 to a point, said point being twenty -five (25) feet south of the
southwest corner of Lot 3, Block 181;
Thence easterly 150 feet to a point, said point being twenty -five (25) feet south of the
southeast corner of Lot 3, Block 181;
Thence northerly one hundred and seventy -five (175) feet to the northeast corner of
Block 181;
Thence northerly across Ninth Street to the southeast corner of Block 177;
Thence northerly along the east line of Block 177, across Eighth Street to the southeast
corner of Block 162;
Thence northerly along the east line of Block 162, across Seventh Street to a point of
intersection with the west right -of -way line of the M.K. & T. Railroad;
Thence northerly along said right -of -way line to a point of intersection with the south
right -of -way line of Fifth Street closed by Ordinance 140;
Thence westerly along the south line of Fifth Street, crossing Ohio Avenue to the place
of beginning.
In addition, the Depot Square Historic District shall include any structure walls abutting
the alley on Lots 8 through 12, Block 163, abutting Seventh Street on Lot 14, Block 163,
and abutting the alley on Lots 12 through 14, Block 176 (Ord. No. 38 -00; 4- 18 -00), and
abutting the alley (LaSalle Street) on Lots 8 through 12, Block 177 and North '/2 Lot 8A,
Block 181.
(2) Memorial Auditorium at 1300 7th Street, further described as Lots 1 and 2, Block
238, Original Townsite, is hereby designated as a Wichita Falls Landmark.
(3) Kell House at 900 Bluff, further described as Lot 1 and the north 70.67 feet of Lot
2, Block 235, Original Townsite, is hereby designated as a Wichita Falls
Landmark.
(4) First United Methodist Church at 909 10th Street, further described as Lots 8, 9
and 10, Block 192, Original Townsite, is hereby designated as a Wichita Falls
Landmark.
(5) The Woman's Forum of Wichita Falls, Inc. at 2120 Speedway Avenue, further
described as Lot 9, Block 12, Country Club Estates Addition, is hereby
designated as a Wichita Falls Landmark.
(6) The Episcopal Church of the Good Shepherd at 1109 Tenth Street, further
described as Lot 7A, Block 190, Original Townsite, is hereby designated as a
Wichita Falls Landmark.
(7) The Hardy- Chambers House at 1100 Travis Street, further described as Lots 1 &
2, Block 202, Original Townsite, is hereby designated as a Wichita Falls
Landmark.
(8) The Hardin Administration Building of Midwestern State University at 3400 Taft
Boulevard is hereby designated as a Wichita Falls Landmark.
(9) Dr. Fanous' office at 1411 9th Street is hereby designated as a Wichita Falls
Landmark.
(10) The Berry Brown House at 1400 Travis Avenue is hereby designated as a
Wichita Falls Landmark.
(11) The Hamilton House at 1106 Brook Avenue is hereby designated as a Wichita
Falls Landmark.
(12) The Weeks -Estes House at #1 Crestway is hereby designated as a Wichita Falls
Landmark.
(13) The Lillis Morgan House at 1808 Elizabeth Avenue, Wichita Falls, Texas is
hereby designated as a Wichita Falls Landmark.
(14) The Kell Field Air Terminal located at Sheppard Air Force Base is hereby
designated as a Wichita Falls Landmark.
(15) The Kemp Wholesale Grocery (currently Big C Appliance) at 500 Eighth St.,
Wichita Falls, Texas is hereby designated as a Wichita Falls Landmark.
(16) The Kemp Public Library at 1300 Lamar Street, Wichita Falls, Texas is hereby
designated as a Wichita Falls Landmark.
(17) The Elks Home at 1005 Ninth Street, Wichita Falls, Texas, further described as
Lots 1, 2 and parts of 3 and 4, Block 186, Original Townsite, is hereby
designated as a Wichita Falls Landmark.
(18) The Central YMCA at 1010 Ninth Street, Wichita Falls, Texas, further described
as Lots 8, 9 and 10, Block 172, Original Townsite, is hereby designated as a
Wichita Falls Landmark.
(19) The Kemp /Kell Depot at 503 Eighth Street, Wichita Falls, Texas, further
described as Lots 1 and 2, Block 177, Original Townsite, is hereby designated as
a Wichita Falls Landmark.
(20) The building location at 616 Seventh Street, Wichita Falls, Texas, further known
as Lot 2, Jalonick Subdivision out of Lots 8 and 9, Block 152, Original Townsite,
and formerly known as Toodles.
(21) The building located at 900 Eighth Street, Wichita Falls, Texas, further known as
Lots 6 and 7, Block 166, Original Townsite, and commonly known as the
Hamilton Building.
(22) The building located at 701 LaSalle Street, Wichita Falls, Texas, further known
as Lot 1, Block 162, Original Townsite, and commonly known as the Littlest
Skyscraper
(23) The Graham B. Purcell Building /Federal Post Office at 1000 Lamar Street,
Wichita Falls, Texas, further known as Lots 1 through 5, Block 192 Original
Townsite.
(24) The Cline - Bridwell Mansion, a residence located at 3100 Hamilton Boulevard,
Wichita Falls, Texas, further known as Lots 1 and 2, Block 6, Country Club
Estates Addition, and commonly known as the White House.
(Ord. No. 32 -84, § WX), 3- 20 -84; Ord. No. 88 -84, 8 -7 -84; Ord. No. 115-84, 10 -2 -84; Ord.
No. 128 -84, 11 -6 -84; Ord. No. 12 -85, 2 -5 -85; Ord. No. 115 - 85,11 -5 -85; Ord. No.
76- 88,6- 21 -88; Ord. No. 76 -88, 6- 21 -88; Ord. No. 88 -90, § 1, 12- 18 -90; Ord. No. 70 -91,
7- 16 -91; Ord. No. 6 -97, § 1, 1- 21 -97; Ord. No. 1 -98, § 1, 1 -6 -98; Ord. No. 1 -99, § 1,
1 -5 -99; Ord. No. 81 -99, 8- 17 -99; Ord. No. 97 -99, 9- 21 -99; Ord. No. 04 -00, 1 -4 -00; Ord.
No. 94 -00, 9- 19 -00.)
SECTION 4. Sec.2- 160.7.8. Fees, is hereby amended only in numerical
sequence, and shall read as follows:
Sec. 2-160.7.9 Fees.
Fees shall be established as provided in the development fee ordinance adopted by the
city council, which may from time to time adjust and revise the fees established, without
amending this ordinance.
(Ord. No. 87 -84, 8 -7 -84; Ord. No. 85 -87, § 3, 9 -1 -87)
SECTION 5. It is the intention of the Council of the City of Wichita Falls, Texas
that the provision of this ordinance shall become a part of the Code of Ordinances of the
City of Wichita Falls, Texas and that the sections of this ordinance may be renumbered
or re- lettered to accomplish such intention.
SECTION 6. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 18th day of September, 2001.
AYOR
ATTEST:
r
City Clerk
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA 1395177
ORDIr2901gENO. 2nd day of October 2001 A.D appeared before me,
R D I N A N C E ;
XENDINNG PEN-- ndersigned authority, Saundra Barnett, bookkeeper for the Times Publishing
B, ZONING
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pany of Wichita Falls, publishers of the Wichita Falls Times/Record News, a
!EATHER •
ORDNANCE NOS paper published at Wichita Falls in Wichita County, Texas, and upon being
90-2001
,MENDING CHAP- sworn by me, on oath states that the attached advertisement is a true and
ER THE CODE OF ct copy of advertising published in one ( 1 ) issues thereof on the
RDINANCEs _Wing dates: September 30th, 2001.
Saundra Barnett
Bookkeeper for the Times Publishing
Company of Wichita Falls
(Seal) Subscribed and sworn to before me this the day and year first above written:
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