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~ o~ ~ 0. ~ "U \. \ ii\; , '., ~8 <C~ t;:A:z ~i en 127 ORDINANCE 1999- 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS UPDATING AND CLARIFYING CHAPTER 42, HISTORIC PRESERVATION, OF THE SAN MARCOS CITY CODE; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENAL TIES. RECITALS: 1. The City Historic Preservation Commission has conducted public hearings and has reviewed the City's Historic Preservation Ordinance provisions, Chapter 42 ofthe City Code, and on November 5, 1998 voted to recommend to the City Council that a number of revisions to that ordinance be adopted. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 42, Historic Preservation, of the City Code is amended as follows (underlining indicates added wording and ovcrstrike indicates deleted wording): Chapter 42 HISTORIC PRESERVATION ARTICLE 1. IN GENERAL Sec. 42.001. Definitions. In this chapter: Appurtenant features are those which define the design of a building or property. Appurtenant features include porches. railings. columns. shutters. steps. fences. attic vents. sidewalks. driveways. fences. garages. carports. outbuildings. gazebos. arbors. ponds. and pools. Contributing vroperty is a property fifty years old or older which contributes to a district's historical significance through location. setting. design. construction. workmanship. or association with historical persons or events. based on guidelines set forth by the National Park Service in the National Register of Historic Places Criteria for Evaluation. Exterior features include the architectural style, general design and general arrangement of the exterior of a building or other structure, including thc color, the kind and texture of the building material and the type and sty Ie of all windows, doors, walls. roofs. light fixtures, signs, other appurtenant features fixturcs and othcr natural fcaturcs including significant trees and shrubbcry. For signs. the term exterior features means the style. material. size. and location of all signs. For the purposes of this chapter. a change in exterior color is not deemed to be a change in exterior features. Local historic district or district means a geographically and locally defined area established under Section 42.101 which possesses a significant concentration. linkage. or continuity of buildings. obiects. sites. or structures united by past events or periods or styles of architecture. and which. by reason of such factors. constitutes a distinct section of the city. Historic sites within a district need not be contiguous for an area to constitute a district. All sites. buildings and structures within a district whether contributing properties or not are subiect to the regulations of the district. III.5tOJ lea.l diM! let 61 hlstOJ ie dl.5N let means an, alea which indudes or eneompa5ses historic sites, landmarb, buildings, signs, appmtcnanees, stmetttres or objects as the historic pre,ser vation commission ma, determine, to be appropriate for historical presCI vatiol1. The designated district need not be a single, c:,ndosed area nUl do the, aleas or sites havc to be, contiguous to cOllstitutc a district. Local historic landmark or landmark means any site. including a significant tree. building. or structure of historic or aesthetic significance to the city. the state or the nation. designated as a landmark under Section 42.103. lJiM01 IwllCtlld11lal k OJ hist01 Ie ICllld11lcU k means a11J site, including significant trecs or other plant life located thercon, building, 01 strnetmc of particular historic or aesthetic significance to the ciry, thc state or the nation. Landmarb include sites, buildings or stItletmes where cuamal, political, spiritual, economic, social or artistic history of thc communi~, state or nation is