The buildings are old, and the arguments have been made before, but proposed amendments to Houston’s historic preservation ordinance have heated up the topic once again.

The proposed amendments would regulate exterior alterations, new construction, and demolition of “contributing” buildings in historic districts (like this B&B in the Heights, the epicenter of dissent against the ordinance). In the past, if the Houston Archaeological and Historical Commission (HAHC) didn’t approve a developer’s plans (usually to demolish a historic structure), he could wait 90 days and go ahead with his original project. The delay was intended to give the city/neighborhood time to convince the developer his project wasn’t in the best interest of the district or perhaps to give a competitor the opportunity to buy the building and stop the project. The proposed amendment will eliminate the 90-day waiver and instead implement “no means no.” Owners not in compliance can be fined $50 to $500 per violation per day.

Council Member Sue Lovell (at the podium during an Aug. 3 public meeting), is spearheading efforts to strengthen the code. She says the 90-day wait hasn’t been successful (she estimates 75% of applicants go through with their original plans after the delay). She stresses that the rules only apply to what’s visible from the street and only to buildings that are “already contributing”, not to recently constructed buildings. She tells us the City will allow historic districts that don’t agree with the ordinance changes to revote if they wish to remain a historic district. The resurvey will be conducted via cards mailed to property owners.

Proposed changes will essentially raise all historic districts to protected status. Currently, Houston has only one such area, the Sixth Ward. We chatted with Jane West, former chair of the Old Sixth Ward Redevelopment Authority, who tells us becoming a protected district hasn’t stopped development in her neighborhood, and owners have continued to build expansions and additions to buildings. And, she says, “this is still historic preservation Houston-style!” The rules aren’t strict and are geared toward preserving the general character of districts. Jane says the debate over property value is a red herring, noting studies across the US show that historic districts stabilize property values.

For the opposition (with Crossfire off the air, we've taken up the mantle), we chatted with Houston Property Rights Association prez Barry Klein and Girard Interests’ Lee Girard, who develops property in the Heights. They cite a study by UH prof Steven Craig stating that the 90-day rule has an 85% success rate. They believe the updated ordinance is a violation of property rights and too restrictive on developers. Lee says people move to Houston because of affordable housing, and if restrictions are added, the cost of land will increase. He says renovated historic buildings in the Heights are selling for $200/SF, and he’s building new homes with historic appearances for $145/SF and finding demand. He also says he’s losing contracts when potential buyers hear about the preservation ordinance.

The gentlemen tell us there are conflicting reports on if restrictions increase property values, and they feel the ordinance is too subjective. Barry is concerned that although the ordinance is still fairly loose, it could be enforced more stringently later. Barry suggests there should be an elected group you could appeal to if your renovations are declined. Look for a final decision on the proposed changes in late September to mid October.