Section 5 – Special Districts
City of Midlothian Zoning Ordinance
HISTORIC PRESERVATION OVERLAY ZONE (H)
5.400
PURPOSE:
This overlay zone is intended to protect,
enhance and perpetuate historic landmarks
which represent or reflect distinctive and
important elements of the City's and State's
architectural, archaeological, cultural, social,
economic, ethnic and political history; and to
develop appropriate settings for such places
and to safeguard the City's historic and
cultural heritage, as embodied and reflected in
such historic landmarks by appropriate
regulations.
5.401
“H” SUFFIX:
Portions of certain zoning districts are
designated with a Historic Preservation suffix “H”. The “H” designated areas are subject to the base
zoning, underlying district, and are further regulated
by the regulations defined in this Section.
5.402
HISTORIC LANDMARK DESIGNATION:
The City Council may designate certain buildings, land,
areas and districts and the boundaries thereof. The
procedure to be followed to establish a Historic
Landmark Designation shall be the same as is required
to amend, to repeal or alter the zoning on a tract or
parcel of land. After all notice requirements of State
zoning statutes, Tex. Rev. Civ. Stat. Ann. Art. 1011a
through 1011f, and hearings have been conducted
pursuant to said State statutes, and this ordinance and
upon receipt of the Planning and Zoning Commission's
recommendation, the City Council may designate the
building, land, area or district with the “H” suffix. The
suffix “H” shall indicate the zoning sub-district designation of those buildings, land, areas and districts
which the City Council has designated as historic landmarks. Such designations shall be in addition to
any other zoning district designation established in this ordinance. All Zoning District Maps shall reflect
the designation of an historical landmark sub-district by the letter “H” as a suffix.
Section 5 - Page 19 of 24
Section 5 – Special Districts
City of Midlothian Zoning Ordinance
5.403 CRITERIA FOR HISTORIC LANDMARKS:
a)
In creating an historic landmark designation as set forth in
the immediately preceding paragraph, the City Council and
the Planning and Zoning Commission shall consider one or
more of the following criteria:
1)
Character, interest or value as part of the
development, heritage or cultural characteristic of the
City of Midlothian, State of Texas or the United States;
2)
Identification with a person or persons who
significantly contributed to the culture and
development of the Town;
3)
Location as the site of a significant historic event;
4)
Exemplification of the cultural, economic, social or
historical heritage of the City;
5)
Relationship to other distinctive buildings, sites or
areas which are eligible for preservation according to
a plan based on historical, cultural or architectural motif;
6)
Unique location of singular physical
characteristics representing an established
and familiar visual feature of a neighborhood
or community of the City; and
7)
Value as an aspect of community
or public pride.
sentiment
5.404
REMOVAL, DEMOLITION OR SUBSTANTIAL ALTERATION:
No historic landmark, designated as such, pursuant to the procedures set forth herein, shall be
demolished, removed, altered, remodeled, razed or substantially reconstructed unless a permit for the
same has been issued by the City Council. If an application for such a permit is received by the City for
demolition, removal, razing or substantial reconstruction of any designated historic landmark, the
Planning and Zoning Commission shall hold a public hearing, make findings of fact in each situation, and
make appropriate recommendations to the City Council. No permit shall be issued to demolish, remove,
raze or substantially alter or reconstruct until such matter is resolved through all means available. The
Planning and Zoning Commission shall conduct a hearing within 30 days of receipt of the application by
the City. After the public hearing, the Planning and Zoning Commission shall recommend to the City
Council whether to grant or deny the application.
Section 5 - Page 20 of 24
Section 5 – Special Districts
City of Midlothian Zoning Ordinance
5.405
CITY COUNCIL ACTION:
The City Council shall consider the Planning and Zoning Commission's recommendation
within thirty days of passage of same. The City Council, after conducting a public hearing
and taking into consideration all of the factors presented, may approve or disapprove the
application for a permit to demolish, remove, raze or substantially alter or reconstruct. The
Council's action shall be final.
5.406
PRESENT USE NOT AFFECTED:
Use classifications of all property included in a historic landmark sub-district shall continue
to be governed by the Zoning Ordinance of the City.
5.407
1)
2)
3)
4)
5)
PROPERTIES WITH “H” DESIGNATION:
Larkin Newton Cabin, Ordinance 2012-09
Old Fire House, Ordinance 2012-10
Kimmel Park, Ordinance 2012-11
Newton Cemetery, Ordinance 2012-21
Midlothian Cemetery, Ordinance 2012-22
Section 5 - Page 21 of 24