History and Statement of Purpose In August of 1997 League City passed ordinances enabling the formal establishment of the Historic District (the District) and a Historic Commission. The purpose was to formally recognize the District as a unique area of League City and to establish guidelines for preservation and orderly development within the boundaries of the District. This Preservation Plan is intended to meet the requirements set forth in the ordinances by establishing appropriate requirements, voluntary guidelines, and incentives for preservation and development within the District. Goals The goals of the Preservation Plan are as follows: 1. To protect, enhance and perpetuate Historic Landmarks which represent distinctive and important elements of the city s and state s architectural, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places using guidelines and incentives. 2. Preserve the old town culture and atmosphere of the Historic District and foster safe public use of the area through responsible public access planning, by encouraging beneficial uses of public properties, and by establishing lighting, signage and architectural standards. ORDINANCE No. 99-40 (Adopted by City Council on June 8, 1999) Page 1
I. General Provisions A. Codes 1. The Preservation Plan will supercede other relevant League City codes and ordinances when in conflict. Otherwise, codes and ordinances will apply uniformly in the District. 2. The Historic Commission may review circumstances and waive code requirements to meet the unusual needs of historic structures or issues related to the appropriateness of plans to the Historic District. This may be done only if plans for the work requiring the waiver are approved by a Professional Engineer or Architect, and in the opinion of the City Building Department and Fire Marshal public health and safety are not adversely affected. B. Parking and Traffic 1. The Commission will review parking and traffic plans on new construction and expanding businesses with regard to the impact on the Historic District, but any such parking or traffic plans must conform to all state and federal laws including, without limitation, handicapped parking requirements. The Commission may require a parking and traffic impact study for new or expanding businesses or development projects to ensure that plans adequately address parking and traffic flow and that available or planned infrastructure is adequate. Recommendations may be offered or specific requirements made before a Certificate of Appropriateness is issued. 2. The Commission will coordinate with the Planning Department overall traffic planning in a Historic District Traffic Plan. This plan will be used to provide guidelines for evaluating traffic impact studies and to support recommendations to the City for infrastructure improvements. C. Public Lands, City Property, and Right of Ways 1. All city property in the District will be subject to all the rules and regulations of the Preservation Plan and shall conform to all restrictions and guidelines. Infrastructure work shall be coordinated with District improvements. 2. The City shall provide a visual buffer along the north side of Satsuma Street between Wisconsin Avenue and Kansas Avenue, and along the east side of North Kansas between Satsuma Street and 7 th Street, on City property. D. Existing Buildings and Uses 1. No changes to existing structures shall be required as part of the Preservation Plan. 2. Businesses in operation upon approval of the Preservation Plan will be issued Certificates of Appropriateness based on current operations. E. District Boundaries 1. The District boundaries are shown on the District Map (Exhibit B) 2. Commercial Areas in the District are shown separately in the Main Street area (Exhibit C). Not shown is the Commercial Area north of 7 th Street between the cemetery and the railroad tracks. 3. Additions to the Historic District may be made without amendment of the Preservation Plan upon petition of at least 65 percent of property owners in the proposed addition. The petition shall be submitted to the Historic Commission. An opportunity for public comment will be provided at a regular or special meeting of the Historic Commission. If approved by a ORDINANCE No. 99-40 (Adopted by City Council on June 8, 1999) Page 2
majority of the Commission, the proposed change will be forwarded to City Council for action. If Council approves the requested change, the Historic District Map shall be changed and the new date shall be the approval date by Council. F. Certificate of Appropriateness 1. The Historic Commission shall review all projects within the Historic District. The Commission shall issue or refuse to issue Certificates of Appropriateness according to Ordinance 97-38 of the City of League City. 2. All businesses other than Home Occupations must have a valid Certificate of Appropriateness. A Conditional Certificate of Appropriateness may be issued for businesses based on specific operating plans. Conditional Certificates of Appropriateness will be reviewed upon recommendation by a majority of the Historic Commission. Persistent failure to conform to operating conditions and limitations may result in revocation of the Conditional Certificate of Appropriateness by the Historic Commission. 3. The application for a Certificate of Appropriateness and Building Permits is made at the Building Department, where the applicant has to identify the project as being located in the Historic District. The Building Department will notify a designated Historic Commission member within three business days, which will preview the application at the Building Department. This Commission member will be authorized to perform Administrative Approvals and release the application for further Plan Checking by the Building Department. If the project requires review by the Historic Commission, the designated member shall take the application package for Commission review and approval. If the Commission fails to take any action within fourteen days after initial submittal, the applicant can request that his project will be submitted to the Building Department for routine processing. After review and approval by the Historic Commission, a Commission member will return the application package to the Building Department for Plan Checking and Permit issues, if required. a. Administrative Approval : Any project which affects only the interior appearance of a building will be approved automatically by the Historic Commission. If the work includes interior structural modifications and/or mechanical, electrical, and plumbing changes, Permits will be required from the City. If interior changes are cosmetic only, no permit will be required and work can proceed. b. New Structure : Projects will be addressed at the first regular meeting of the Historic Commission after notification. Normal approval is three to eight business days. c. Exterior Renovation : Projects will be addressed at the first regular meeting of the Historic Commission after notification. Normal approval is three to eight business days. If the work includes exterior structural modifications and/or mechanical, electrical, and plumbing changes, Permits will be required from the City. d. Subdivision Developments and Commercial Projects : Subdivision Development projects requiring review by all city departments, including replats, shall be submitted to the Planning Department, which will guide the applicant through the permitting process. The Planning Department shall forward the application package, with comments, to the Historic Commission for additional review and a public hearing before the Historic Commission, prior to a regular meeting. The Historic Commission shall return the application package, with comments, to the Planning Department to be scheduled for review and approval by the Planning Commission. Commercial development projects, will be submitted at the Building Department, which will notify the Historic Commission for their review and approval. A public hearing at a regular or special meeting of the Historic Commission is required. Residents and property owners within 200 feet of the project will be notified. Notice of the hearing will be posted 10 days prior to the meeting. The Historic Commission will return the application package ORDINANCE No. 99-40 (Adopted by City Council on June 8, 1999) Page 3
to the Building Department for further Plan Checking and permits issue. G. Amendment Process 1. The Preservation Plan may be amended by the following process. a. The proposed amendment shall be approved by a majority of the Historic Commission. b. Notice of the proposed amendment and public hearing shall be given to Historic District residents, business owners, and property owners at least 30 days before a public hearing. A Notice of Public Hearing shall be placed in the official newspaper ten days prior to the Public Hearing. c. The public hearing shall be held in the District or the League City municipal complex. d. The proposed amendment may be approved by petition of 65 percent of the property owners of the District or by 65 percent of property owners voting in a special election. Balloting for the election will be held at City Hall or another location convenient to the Historic District. Voting will be open during business hours for at least 2 weeks. Property owners may be sent ballots by U.S. Mail. Postal ballots should be sealed by a notary public. e. Each property owner is allotted one vote. f. The proposed amendment shall be submitted to City Council for approval. H. Incentives 1. Incentives will be recommended based on conformance to relevant requirements and guidelines in the Preservation Plan, or for projects that will provide needed improvements in the District. Incentives offered by the Commission include, but are not limited to the following, subject to approval by City Council: a. Waiver of building permits fees for remodeling (No-Fee Permit). b. Freezing of tax assessment values for a maximum of five (5) years for property in the Historic District. c. Moving Permit for moving buildings will be a No-Fee Permit. Coordination with Public Safety and Utilities is still required. d. Waiver of water and wastewater connection fees. 2. The City and Historic Commission will create a Tax Increment Financing (TIF) program for the Historic District. The TIF program will provide reinvestment in the Historic District upon recommendation by the Historic Commission for a. infrastructure improvements, b. grants, or other assistance to individuals or organizations for the repair or improvement of properties to aid preservation or to offset additional costs required to conform to the Preservation Plan guidelines, c. maintenance of trees and landscaping on public or private properties, d. development and maintenance of new park, green-belt or recreation areas in or adjacent to the District, and e. establishment and maintenance of public parking and transportation facilities in or adjacent to the District to offset parking requirements within the District. 3. The Historic Commission will work with individuals, and private and public organizations to provide investments, sponsorships, incentives, and assistance for improvements in the District. 4. Notable land use incentives included in the Preservation Plan are a. relaxed setback requirements, and b. flexible parking requirements using creative solutions furnished by property owners. ORDINANCE No. 99-40 (Adopted by City Council on June 8, 1999) Page 4
I. General Restrictions 1. No new mobile homes or manufactured housing will be permitted within the confines of the District except as replacements for existing owner-occupied mobile homes, if replaced in accordance with Section 66-10(2)(a) of the City Code of Ordinances. 2. No new multi-family housing will be permitted within the confines of the District. 3. No new commercial storage or warehousing facilities will be permitted unless approved by the Historic Commission. J. Residential Area 1. The residential area was designed primarily for single family residential use and is not easily adaptable to many types of non-residential use or high traffic volume. Other uses should be limited to those that are compatible with single family use. 2. Unrestricted uses a. Single family dwelling b. Home occupations 3. Conditional uses a. Bed and breakfast b. Day nursery or child care center b. Art or crafts studio c. Temporary real estate or construction offices d. Other uses K. Commercial Area 1. The commercial area is designed to provide a location for general commercial, retail uses to serve the entire community and its visitors. Infrastructure limitations in the Historic District may require businesses to operate under conditions determined in the permitting process. 2. Unrestricted Uses a. Single family dwelling b. Home occupation c. Bed and Breakfast d. Restaurant e. Museum or art studio/gallery f. Church g. Business Office h. Retail 3. Conditional Uses a. Amusement b. Financial Institution c. School f. Theater g. Healthcare service provider h. Accessory uses for businesses operating in the Historic District i. Community or recreation center j. Other uses II. Specific Requirements and Guidelines A. Sign Requirements 1. Only pedestal signs made of wood or simulated wood will be allowed in the Historical ORDINANCE No. 99-40 (Adopted by City Council on June 8, 1999) Page 5
District. Illumination must be with incandescent lights. External signs shall not be of portable construction, internally lit, blinking or flashing. The sign design shall fit the historic character of district. Neon and simulated neon signs shall not be acceptable. 2. Sign illumination will be restricted between midnight and six a.m. except on FM 518. 3. All signs shall be placed not to impede the vision of automobile drivers at streets, alleys, or driveways based on the vision triangle. (Section 90-106 Traffic Hazards Under Sign Code) B. Architectural Guidelines 1. Building Material Guidelines a. Due to the dynamic nature of the building products industry, the Commission will maintain a Recommended List. 2. Architectural Guidelines a. New Construction should fit the historic character and general ambiance of the district, generally similar to building styles common in the area prior to 1940. b. Replacement or remodeling of existing structure should be consistent with pre-existing structure. C. Setback Requirements 1. Building Setback and curb return requirements. a. No building shall be located nearer than twenty feet from the front property line or five feet from the side and rear property lines. b. A 10-foot front setback may be allowed in the Commercial Area if safety and parking issues are adequately addressed. c. For properties fronting on East Main Street (FM 518), plans for setback and curb returns are subject to approval of the Commission and the Texas Department of Transportation D. Sidewalk and Landscaping Requirements and Guidelines 1. Sidewalk Requirements a. Sidewalks are required for commercial development in the Commercial area. The use of materials for public sidewalks such as brick or tile pavers is encouraged. b. Sidewalks, curbs and gutters are not required in the Residential area for developments with open ditches. 2. Lighting Requirements a. Exterior lighting shall be restricted to the boundary of the user s property. The light source shall be controlled as not to create a nuisance to other properties, automobile traffic or pedestrians. 3. Fence Requirements for Dumpsters a. Dumpsters shall be enclosed in a fenced area inside the property line if visible from the street or sidewalk. Existing non-conforming locations shall not be grand-fathered and will have to be corrected within a one year time period after final approval of the Preservation Plan. 4. Commercial Fencing Requirements a. Fencing for commercial properties shall be addressed in the project plan and will be considered in issuance of a Certificate of Appropriateness and available incentives. A wooden fence six feet in height should be used behind and beside the commercial structure unless adjacent property owners approve alternative plans. b. Chain link fences or fences with barbed wire or razor wire shall not be used for commercial construction. 5. Residential Fencing Guidelines a. Fences visible from the street should be of construction suitable to the Historic District. ORDINANCE No. 99-40 (Adopted by City Council on June 8, 1999) Page 6
Suggested construction is wood, simulated wood or metal. b. Fences extending beyond the front of the primary structure on the property should be no more than four (4) feet in height. c. Chain link fences are discouraged, but if used should not exceed four (4) feet in height and should be landscaped. d. Swimming pool fences shall comply with requirements of the Building Department. III. Definitions Conditional use - An activity or use that may require some planned operating limitations. Family - As defined in City of League City Ordinance 97-38 Guidelines Voluntary standards set forth in the Preservation Plan. Conformance to these standards is considered when applying available incentives. Home Occupation - Accessory use of a dwelling that will provide some portion of the livelihood for a person or persons living in the dwelling. 1. Activities may not be considered Home Occupations if they a. generate traffic, parking, sewage, or water use in excess of what is normal in the residential neighborhood, b. result in parking of more than two (2) vehicles at any one time not owned by the occupant family, c. require outdoor storage visible from the street, d. create a hazard to persons or property, or e. create a nuisance. 2. Examples of recognized home occupations a. Sewing or tailoring b. Painting, sculpting, or writing c. Telephone answering d. Home crafts e. Tutoring f. Computer programming g. Home Office h. Bed and Breakfast 3. The following are some restricted or conditional Home Occupations a. Restaurants (conditional) b. Medical office c. Boarding house (conditional) e. Paint or repair shops f. Retail for products of Home Occupation activities (conditional) Property Owner - A "property owner" is a person, persons, corporation, partnership, or similar legal entity, who owns one or more properties within the District. "Ownership" is defined as being listed in the City's Tax Records. Requirements Provisions in the Preservation Plan that must be followed to receive a Certificate of Appropriateness Tiers - buildings and sites in the Historic District will be classified into two tiers according to their historical significance to aid in review of projects within the District. 1. Historic - Constructed before 1940 or considered to be of value with regard to architecture or local history. 2. Non-Historic - All sites and structures not considered Historic. Unrestricted Use - Expected uses and activities that normally require no restrictions. ORDINANCE No. 99-40 (Adopted by City Council on June 8, 1999) Page 7