Historic Designation Debate

We were out of town last weekend, so you can imagine how disconcerting it was for me to walk into my office on Monday and hear, “You were in the paper yesterday.” (Generally, I try to avoid that.)

Well, it wasn’t me personally, but there was a very balanced op-ed piece in the Houston Chronicle regarding historic designation and what it really means.  It was a balanced, informative, and easy-to-understand piece of writing with very few big words and no legalese (although there are specific references to statutes, should someone want to look them up).

After hearing the accounts from Allison, Jason, and Shannon regarding last night’s public forum on historic designation, it seems that many of the so-called property rights advocates didn’t read the paper.  Maybe they were out of town, like me.

Anyway, I’m going to post some highlights – not that I think anyone but the already converted will read them.

This is an excerpt from last Sunday’s paper regarding the proposed amendment to Houston’s existing historic preservation ordinance:

• The proposed amendments apply only to properties in designated city of Houston historic districts. To date, all of the designated historic districts combined comprise less than one square mile of the 640 square miles within Houston’s city limits. If City Council eventually approves the three districts now awaiting designation, historic districts will still cover less than two square miles of the city.
• Houston’s preservation ordinance does not allow the city to designate historic districts without the approval of a majority of the affected property owners. The proposed amendments will not change this. Creeping historic districts will not slowly engulf the city.
• Houston’s preservation ordinance does not govern interiors. Section 33-202(c) of the ordinance specifically states, “Nothing in this article shall be construed to authorize the city to regulate the interior characteristics of any building or structure ” Section 33-241(a)(6) clarifies this further, limiting the Houston Archeological and Historical Commission’s authority to approving changes to exterior architectural features visible from the public right of way. The proposed amendments will not change any of this.
• Houston’s preservation ordinance does not govern paint colors. Section 33-237 of the ordinance states, “[historical commission approval] is not required for ordinary maintenance and repair.” Painting is covered under this provision. In addition, the city of Houston does not require permits for painting one- and two-family residences, so there are no mechanisms for the city to dictate paint colors. The proposed amendments will not change any of this.
• Houston’s preservation ordinance does not govern the type of air conditioning units that can be used in historic buildings. Air conditioners are temporary fixtures, not permanent features; therefore, they do not fall under the historical commission’s authority (Section 33-241). The same is true of porch lights, mailboxes and fences. The proposed amendments will not change this.
• Houston’s preservation ordinance does not require property owners to get historical commission approval for emergency repairs. Section 33-236(i) waives this approval “for achieving compliance with the life safety requirements [set forth in the Building Code].” The proposed amendments will not change this.
• The proposed amendments to the ordinance will not require property owners in historic districts to restore, renovate, repair or rehabilitate their properties. When a property owner voluntarily embarks on a project, Section 33-240 of the preservation ordinance states that the historical commission “shall take into consideration the current needs of the applicant and shall be sensitive to the property owner’s financial condition” when making its decisions.
• The ordinance allows and will continue to allow property owners to construct additions to expand the size of historic houses and buildings. The Houston Archeological and Historical Commission has approved many such projects; The Greater Houston Preservation Alliance has recognized some of these projects with Good Brick Awards for excellence in historic preservation.
• The proposed amendments do not ban all demolition or outlaw new construction in designated historic districts. The proposed amendments do expand protections already in place in parts of the Old Sixth Ward to the city’s other historic districts.
• The proposed amendments do clarify requirements for new construction in designated districts. To maintain the historic character of the districts, new construction would be required to be compatible with the setbacks, exterior features and proportions of historic buildings sharing the blockface. Similar protections have existed for decades in the deed restrictions of Houston subdivisions from Kingwood to Clear Lake.

Seems pretty clear to me.