§ 8-181. Definitions.

The following terms shall have the following meaning unless a contrary meaning is required by the context or is specifically prescribed. Words in the present tense include the future tense. The singular number includes the plural, and the plural, the singular. The word "shall" is always mandatory. The word "person" includes a firm, a partnership, a limited liability company, or a corporation, as well as an individual. Terms not defined in this section shall have the meanings customarily assigned to them.

a.

"Alteration" shall mean a material or color change in the external architectural features of any building, structure, or site within a historic preservation district.

b.

"Board" shall mean the City of Eagle Pass Main Street Advisory Board, as set forth in this article.

c.

"City" shall mean the City of Eagle Pass, Texas.

d.

"Classifications", for purposes of this article, shall mean as follows:

(1)

Outstanding. The "O classification" shall mean that the property has sufficient historic or architectural significance such that it is listed, or is eligible for individual listing, in the National Register of Historic Places (the "National Register"). Outstanding resources can be of local, state, or national importance.

(2)

Notable. The "N classification" shall mean that the property does not merit the outstanding rating, but it is still above average in its importance. A notable structure may be eligible for the National Register.

(3)

Contributing. The "C classification" shall mean that the property is at least forty (40) years old, but does not meet the criteria for an "O" or "N" classification. Contributing properties are important to the density or continuity of the area's historic fabric. Contributing properties can be listed in the National Register only as part of a historic preservation district.

(4)

Non-contributing. Property classified as "NC" is not included in a historic sites and structures inventory unless it is located within the boundaries of a historic preservation district. Such properties may be less than fifty (50) years old, or they may be older properties that have been altered in such a way that they have lost their historic character, or they may be otherwise incompatible with their historic surroundings. These properties are not eligible for listing in the National Register.

e.

"Certificate of appropriateness" shall mean the process whereby the Main Street Advisory Board reviews and determines a development proposal's conformance with the purpose of this article.

f.

"Demolition" shall mean the complete or substantial removal of any building or structure located in a local historic preservation district.

g.

"Historic building or structure" shall mean those buildings which are either at least fifty (50) years old and possessing identified historic or architectural merit or as designated as such by the Main Street Advisory Board.

h.

"Historic preservation district" shall mean a single building, structure, object, or site or a concentration of buildings, structures, objects, spaces, or sites, the boundaries of which are described or delineated on a map identified on the attached Exhibit A.

i.

"Interested party" shall mean one (1) of the following:

(1)

Mayor,

(2)

City council,

(3)

Neighborhood association, whether incorporated or unincorporated, a majority of whose members are residents of a historic preservation district designated by an ordinance adopted by the city council,

(4)

Owner or occupant of property located in a historic preservation district established by an ordinance adopted by the city council, or

(5)

Texas Historical Commission.

j.

"Interim protection" shall mean the exercise of city council moratorium authority through [an] ordinance to protect a historic building, structure, object or site from alteration or demolition. A historic building, structure, object or site under "interim protection" is subject to all regulations pertaining to buildings, structures, objects or sites located within [an] established historic preservation district.

k.

"National Register District" shall mean a historic preservation district listed on the National Register of Historic Places. It includes individual buildings, structures, districts, sites and objects that are considered to be significant in American history, architecture, engineering, archeology and/or culture. The National Register makes available specific federal and state tax incentives for preservation purposes, provides a limited degree of protection from the effects of federally assisted undertakings, and qualifies property owners for federal and state grants for preservation purposes, when funds are available.

l.

"Preservation guidelines" shall mean criteria, locally developed and adopted by the City of Eagle Pass Main Street Advisory Board, which identify local design concerns in an effort to assist property owners in maintaining the character of the designated district or buildings during the process of rehabilitation or new construction.

m.

"Primary area" shall mean a principal area of historic and/or architectural significance within a historic preservation district as delineated on the map establishing the boundaries of the historic preservation district.

n.

"Public way" shall mean any avenue of public travel or right-of-way (r-o-w). This includes alleys, sidewalks, streets, and any public facility or property owned or with an easement or similar rights by the City of Eagle Pass, Maverick County, the State of Texas, railroad company, or the United States of America.

o.

"Routine maintenance" shall mean work for which no certificate of appropriateness is required.

p.

"Secondary area" shall mean an area in a historic preservation district delineated on the map establishing the boundaries of the historic preservation district that is adjacent to a primary area and which has a visual relationship to the primary area and could affect the preservation of the primary area. The purpose of designating a secondary area is to assure its compatibility and harmony with an adjacent, primary area.

q.

"Streetscape" shall mean the appearance from a public right-of-way, the distinguishing characteristics of which are created by (1) the width of the street and sidewalks, (2) their paving materials and color, (3) the design of the street furniture, such as street lights, trash receptacles, or benches, (4) the use of plant materials such as trees and shrubs, and (5) the setback, mass, and proportion of those buildings which enclose the street.

r.

"Visual compatibility" shall mean those elements of design that meet the guidelines set out in section 8-187 of this article.

(Ord. No. 2012-35, § 1, 11-6-2012)

Editor's note

Exhibit A is not set out herein, but is on file with the city.