Residents of Historic District neighborhoods recently packed five sometimes raucous public meetings with City officials to learn how new regulations would affect their property. The proposed amendments to the Historic Preservation Ordinance have generated intense controversy.

Proponents believe they are needed to strengthen the ordinance and preserve the character of historic neighborhoods. Opponents contend the proposed changes further restrict the rights of homeowners. Both groups hope to influence Council Members when they vote on the amendments in late September.

A woman leaving the Heights meeting early said she is dissatisfied with the proposed amendments. “I have been living in the Heights for many years, and I am not in favor of having the city tell us what is appropriate to do with our homes.” The woman standing next to her agreed, and said that she lived in the Historic District also and the window insulation for her home was not approved as appropriate material.

At present there are sixteen areas designated as Historic Districts. Three more neighborhoods - Woodland Heights, Glenbrook Valley and Lower Heights - are pending Historic District designation. Though those numbers lead one to believe they cover a large area of land, the Districts actually cover only about 1.2 square miles. But for those that live in them, the Historic Preservation Ordinance can significantly impact what can be done to their home.

The City first enacted the preservation ordinance in 1995. It did so to protect older neighborhoods from losing their historic homes and buildings to demolition and new construction. It allows City Council to designate these structures as having historical, cultural, architectural or archaeological significance.

Mayor Annise Parker announced the amendments in July of this year. “The amendments are in keeping with my pledge to provide permanent protection for our historic districts,” she said. “These neighborhoods are living examples of Houston’s early beginnings. We have a responsibility to preserve this architecture and character for future generations.”

To be considered for historic designation, the structures in a neighborhood must be at least 50 years old. At least 51% of the owners of the tracts in the area must submit an application by petition requesting such designation, or the HAHC can independently initiate an application for designation. The proposed amendments would eliminate the petition process. Instead, the Planning Department would send cards to all property owners within the proposed area. In order for a district to be approved, 67% of the returned cards would have to show favorable support.

Any exterior alteration, rehabilitation, restoration or construction of a home in a Historic District cannot be started without a Certificate of Appropriateness. This Certificate, listing the changes to be made to the structure, must be approved by the Commission. The ordinance says that any construction or repair must “maintain or replicate distinctive stylistic exterior features” that characterize the structure. It also says that new materials used on any exterior feature must be “compatible” with those being replaced.

The changes in the ordinance will eliminate the 90-day waiver certificate, which currently allows for an applicant to avoid compliance if a Certificate of Appropriateness is not issued within 90 days. At that time a waiver certificate can be issued at the applicant’s request, which is the equivalent of an approved Certificate of Appropriateness. Tax benefits granted to the Historic District by the City are not available to those with a waiver certificate.

Kathleen Powell leads the group Responsible Historic Preservation for Houston, which opposes the amendments to the ordinance. “I believe the amendments go too far and are an invasion of property rights. I have a problem with the fact that they say the ordinance is going to be incrementally restrictive, and will not disclose what those incremental restrictions are going to be.

“They are going to take 67% of cards returned instead of 67% of homeowners. One of our other issues is that a single person can initiate an application and the Historic Commission can approve it without any other homeowners involved.

“The only criteria to be a historic structure is that it be 50 years old. Just because you have a large area of homes older than 50 years old does not make you historical. They are currently trying to get one subdivision, Glenbrook Valley, designated on that basis. Any older neighborhood with 50 year old homes could be next.”

More information at preservehouston.org and responsiblehistoricpreservation.org.