Downtown Area Committee 10-26-20021.
2.
AGENDA
BANGER DOWNTOWN AREA COMMITTEE
TUESDAY, NOVEMBER 26, 2002
6:00 P.M.
`�I�i is �� Il �i/i,7
Call Meeting to Order.
Approve Minutes: November 14, 2002
3. Consider and Possible Action and Review of the Proposed Changes to the City of
Sanger Ordinances Relating to the Downtown/Historic Areas.
4. Adjourn.
Rosalie Chavez, City Secre?�iy
�/'a� �voZ /�:0���/
Date and Time Posted
This facility is wheelchair accessible and accessible parking spaces are available. Requests for
accommodations or interpretive services must be made 48 hours prior to this meeting. Please
contact the City Secretary's office at (940) 458-7930 for further information.
November 21, 2002
Downtown Committee Members,
Thank you for all the input and quick work on Thursday. We will vote on what constitutes a quorum for
our committee at the next meeting.
I decided to "cut and paste" a new document based upon the preliminary decisions made on Thursday
night instead of typing a completely new form, this way I can get the document to you while our thoughts are
still fresh. I will type the changes before the next meeting. The following document is the "cut and paste"
document we created. It combines paragraphs and ideas from primarily Bastrop, Sanger and Pharr.
In many areas we did not discuss the actual phrases, only stating we liked this one better than another. As
you read this document, consider what phrases you like best. Please review the document for redundant
statements, thoughts, paragraphs and phrases. Pick the most appropriate one to place in the new document.
Highlight any changes you see necessary.
While all topics are still open for discussion, topics that have yet to be discussed are:
Bastrop document
Sanger document
Certificate of Appropriateness
Demolition
Hardship
- pages 47-52
The order of the pages may also need to be revised. For example, I would like the qualifications of the
commission to be closer to the beginning of the document so that page 49 of the Sanger document can be located
closer to the current pages 5 and 6 of the "cut and paste" document. You may also find sequencing problems.
Also to be decided upon is what %should be allowed for a tax exemption?
I think I would still like a professional (i.e. real estate, architect, historian, engineer, etc.) of some sort on
the commission if possible.
areas.
Boundaries of districts still need to be addressed. Be thinking about what you want in terms of streets or
If I pushed through some area too fast, we can revisit it at the next meeting.
Meeting dates: (ca11458-7114 -Polly, if you can't attend or need to change the date, time, or place)
November 26 6:00 -8:00 pm Organic Depot Tuesday
If we can get a quorum and also get an agenda posted today (Friday). I am afraid if we
wait two weeks again, it will be like reading a new document once again.
December 5 6:00 pm Organic Depot Thursday
If there is no P and Z scheduled, 1 would like to work until at least 8 pm
December 12 6*00 pm Organic Depot Thursday
There is more than likely a P and Z at 7: 00 on December 12. Does the committee want
to consider Tuesday or Wednesday of this week instead?
December 19 6:00 pm (if needed) Organic Depot Thursday
I hope we are through by Christmas and ready to submit the document to the City Council the first
meeting in January.
Sincerely,
Section l . Declaration of Policy &Purpose
The city council hereby finds and declares as a matter of public policy that the protection, enhancement, preservation and use of
historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education and general welfare ofthe
people. It is recognized that the City of Pharr represents the unique confluence of time and place that shaped the identity of
generations of citizens, collectively and individually, and produces significant historic, architectural, and cultural resources that
constitute their heritage. The purposes of this ordinance are:
(1) To protect, restore, enhance and perpetuate historic landmarks which represent or reflect distinctive and important
elements of the city's and slate's architectural, cultural, social, economic, ethnic and political history and to develop
appropriate settings;
(2) To safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by
appropriate regulations;
������,&,tt.k�t
(3) Td"stabilizd � prove property values in the vicinity by encouraging the most appropriate use of property and
landmarks;
(4) To foster civic pride in the beauty and accomplishments of the past;
(5) To protect and enhance the city's attractiveness and visual appearance to visitors and locals in order to support and
stimulate retail business and residential development;
(6) To strengthen and stimulate the local economy and promote the welfare of the city; and
(7) To promote the use ofhistoric landmarks for the culture, prosperity, education and general welfare ofthe people ofthe
City and visitors to the city.
(8) To ensure the harmonious, orderly, efficient and integrated development of the City;
**
Section 2. Pharr Historical Commission.
General.
These provisions pertaining to the establishment of a Historical Commission constitute a part ofthe Comprehensive Plan ofthe City.
The following
Alteration: A
�. Building: A
to shelter auy
fuxrctionally xe
Case law: This
(cases) by courts
•• s �
�. u . • i
change in or to the exterior of a building.
;, such as a house, barn, church, hotel, or similar construction is cheated
human activity. Building also may be used to refer to a historicall and
it, such as a courthouse and jail or a house and barn. i
Comprehensive pl" _ A document or series of documents prepared by a planning
or department se , ' forth policies for the future of a community.
0
Demolition: An t or process which destroys a site or siructure in its entirety, or
destroys a part �a site or stiuctnre and permanently impairs its structural, histc
architectural integr
or
Yi
1
Design review: � �`' decisiosz-•making process conducted by an established review committee of
a local government` i�at is guided by the terms set in the historic preservation ardinaztce, ;
:� k ;r��
:ci
�,/�gn review gwE ,lines; T#Lese acre a set of guid$lines adapted by the commission that d� tails
_,�.rr� acceptable alteratiE;. of designated properties. 'They are usually generously illustrated and
written in a manna :That would be understood by most property owners.
!. � E.Ib �
k :i:
f ? l
District: A di ct possesses a sigrnificant concentration, linkage, or corttinuity oil sites,
buildings, stru k ', ` s, or objects united historically or aestheti b
development. i �� �3' y plan or physical
�;
r;
Historic imat ��
aiin' .E�_.SU'I' � ing `
e, bwld' ox site which satisfies twa or more of the critesrla set
out � Section 2;;;�aragraph C.�; and which is designated as such in accordance wifh this
Y
a/-..Ki11LL. h" ' ' � � � t
,s ,
`._� f.
Historic properE� A district, sift, building, structure, oar object significattt in At�erican
history, architectu�; engineering, archeology, or culture at the national, state, or local Fevel.
`y
Historic resource: This generally is the same as a historic property, it i�icludes axchiteetural,
historical, and arEl�ological properties as well as landscape features.
:S ,.
Y
Integrity: The atlt�enticity of a property's historic identity, evidenced b survival
�:. y of physical
characteristics thaart�xisted during the property's historic or prehistoric period.
t �i
Inventory: A lis�:of historic properties that have been identified and evaluated as m�etzng
specified criteria b�?significance.
y..
Object: The teri�l:p'bject is used to distinguish from buildings and structures those constructions
that are primariiX ; ; stic in nature or are relatively small in scale and simply coi>stx�cted.
Although it may � ,„ by nature or design, movable, an object is associated with a specific stetting
or environment, sh as statuary in a designed landscape. �
:;
Ordinary mainttnce: This generally refers to activities relating to a property that would be
,.
considered ordinalT�' ;or common fox maintaining the property, such as the replacement of a parch
floor with identicag.br in-lind zgaterials. It also may inchide other activities such as painting.
Overlay zones: A��'et of zoning requirements that is described in the ordinance tent, is mapped,
�:
and is imposed in ��idition. to those of the underlying district. Development within the ov,� erlay
zone must eonfori� Ito the requirements of both zones or the more restrictive of the two. s'
is
Police power: T1,�; authority of government to exercise controls to protect the public's health,
safety, morals, arc�'�eneral welfare.
G ; :;
Preservation: Tia�act or process of applying measures to sustain the exisrting form, integrity,
and material of a ta�ilding or structure, and the existing form and vegetative cover of a site. It
may include initi�l'�tabilization work, where anecessary, as well as ongoing maintenance pf the
historic building ial�terials.
�:
Preservation plaii�ing: This refers to the planning for the continued identification and
evaluation of hista�c properties and for their protection and enhancement.
:�:
. �:,
Rehabilitation:
and its setting as
or by the replace
'J 1 .►: i
• • 1 i ,
Site:.A site is they
or a building or
possesses historic;
structure.
removalall CUM
or f•1 .
•)f missing earlier work.
arlc: A suture, building, or site which satisfies two or more of the criteria
paragraph C.1 and which is designated as such in accordance wi4i this
cation of a significant event, a prehistoric or buston4e o=pation or activity,
are, whether standing, ruined, or vanished, where the location' More, itself
StI'UCturC:
The teb
addition to those
There shall be
archaeologically . sea'
(1) Sig*
(z)
(2) Is
patterns of local,
(3) Is
(4)
COnSfSUCtiOII.
cultural or archeological
,
value regardless of the value of any e�gistiilg
J
AMP
"structure" as used herein includes buildings and other structuies in
,uctions usually intended for creating smelter.
on Categories of Protection
�✓ateigories
7
categories of protection for historically, culturally, architecturally or
�lcant properties Ji the City off ` . as follows:
ant Landmark;
Landmark.
.zed in order to determine whetmer structures qualify for
or Historic Landmark are as follows:
significance in rotatory, architccture, archeology, or culttue.
d with events that have made a significant contribution to thei broad
state, or national history, f
with the lives of persons significant inour .past.
(1)
Significant
(2) Hi
IMMONNO
Landmark if it ha
if the owner of :
thereby agrees to
(1)
a part of the
(3) Ul
;ball be submitte,
A the designatioi
on tho proposed (
the Commission.
same procedures
The Zoning Con
(43) days subsea
(4)
io be held
Commissi
on.
on.
and make its
the City of i
(5)
cause the de
Texas. .All
with an ap
designation.
dual Cate cries
ant Landmark - A structure, building or site may be deli ted as a
if it meets two or more of the criteria set out insubsection
c Landmark - A structure, building or site may be designated as an zi' toric
eady met the criteria as a sxgmficant structure by the City ofBa
and,
property agrees to the additional designation of Historic Lanirnar and
aply with all procedures for a Certificate of Appropriateness.
�s of proposed Significant Landmarks shall be motified pE
on the ree zuied designation. Such hearing shall be conducted 4n the
ording to the same` rocedures as specifically provided in the general zoning
y o ' ,A the Commission's public hearing, owners, interested
experts may "present testimony or documentary evidence which will become
�rding the historic, architectural, or cultural importance of the proposed
recommendation of the Commission, the proposed Significant Landmark
the Zoning Commission within thirty (30) days from the date of submittal
west. The Zoning Commission shall give notice and conduct its h4ring
atiati within forty-five (4S) days of receipt of such re.commendationkfrom
1ch hearing shall be conducted in the same manner and according too the
pecifically provided in the general zoning ordinance of the City of
Sion shall make its recommendation to the City Council within fo -five
to the hearing on the proposed designation.
,�ity Council shall schedule a hearing on the Commission's recommendation
k forty -•five (45) days of receipt of the recommendation of the Zoning
i ty Council shall give notice, follow the publication procedure, hold
uiation in the same manner as provided in the general zoning ordinance of
.Ile
>; i
` designation of a structure as a Significant Landmark, the Ciuncil shall
to be recorded in the Official Real Property Records of urny; ..
R inaps shall be amended to indicate the location of the designa ed structures
mark, and the property owner shall be notified in writing of such
ll
designation of a structure as an Historic i to be reflected in the tax records of the CLiatnydomfarkas, triie CiAtyll Czoounnincil sha
B�&
maps
indicate the location of the designated structures with an appropriate, nark,
of such d
aer shall be notified in writing esignation.
(k) Foil t' wring designation of a structure as a Significant Landmark, the owner/owners
of said structureiay make application to the Commission for designation as an Historic
Landmark.
(2) Upo receipt of a completed application for Historic Landmark designation, and
approval of said alication by the Commission, the owner/owners of said property may, enter
into- ar contractual �a reetuent with the- CoimmsSYOn to mahftin .the property according to design
guidelines adopted : the Landmark Commission. Upon completion of this agreement and with
the approval of , eo owsterlowners of said prWerty shall be entitled to all
incentives conta
in 62ion3
3 VA
E.-Relationship of 6 sigpations to Zoning
(a} De�i�nadonIof a structure by the City Council as a Significant Landmark! or an
Historic Landmark4 as a zoning
:is intended ing overlay wbtich supplements the prunary U40ilymg
zoning district
cla sification. Tire permitted uses of the- property shalt be determine¢ and
controlled by the regulations set for the primary zoning district classification f the
property,
(b) If tyre is any conflict between the design guidelines and any provision pf the
Zoning 4rTmancifthe most restrictive regulation shall apply.
(c} If
provision of the
of a specific dire
by the Commisite 6
RAMIMMIKArs_1•
e• Ordinance, ,.. restrictive .e e. :.. re . :.
the •e•. The designadca of a property e. be subject. .
he Plan =1g and Zoning Commission shall then recommende
Council, who shall be the final authority
,
)C.aw.
Creating Historic District
. •e
sucb
in accordance with
the Zoning
The City Council may from time to time designate certain areas as historic districts, and
define, amend, or eliminate the boundaries of same. Such districts shall bear the word
pistoric" in their zoning designation and property therein shall continue to bear its use
designation as provided in the general zoning provisions of this ordinance.
Before taking any such action, the Council shall submit the same to the City Planning and
Zoning Commission for their recommendations and reports. The Planning and Zoning
i Commission shall give notices, conduct its hearing and make recommendations to the
City Council in the same manner and according to the same procedures as specifically
provided in the general zoning provisions of this ordinance. In like manner, the City
Council shall give notices, follow the publication procedure, hold hearings, and make its
determination in the manner as provided in the general zoning provisions of this
ordinance. All procedures and provisions relative to zoning set forth in the general zoning
�pryvisions of this ordinance not in conflict with the terms of this Section are hereby
adopted and made apart hereof.
Designating Signineant District
Boundaries
Historical Downtown Area
Historical Area A
Historical Area B
Significant Area A
Significant Area B
28.18 Partial Tax Exemption For Historically Significant Sites
(1) Definition - As used in this subsection 28.18, "Historic Site" means a historically
significant site in need of tax relief to encourage its preservation. Such phrase does not
necessarily mean a Historic District or Historic Landmark as used elsewhere in this
Section.
Section 3. Incentives for Historic Landmarks
Ali
A. Purpose of Izves
The purpose of section is to encourage historic preservation by providing incentives for the
stabilization, relbi ilitation and renovation of properties designated as Historic Landmazl�s.
JB. Incentives
IND
(1) Fption from City Taxes on Structure - A structureodesignated as an historic
landmark may becempt from a portion of the ad valorem taxes owed to the City of Bastrop,
Ile
commencing on tli fast day of the tax year following such designation, and following p*ssage
by Council of azr `dinance declaring such an exemption. The exemption shall relate oialy to
taxes owed on ti assessed value of the qualifying structure. The exemption shill be
administered in tho4form of a refund by the City of a portion of the taxes paid on the qual}fyMi g
structure. All sup refunds shall be based on a urriform percentage of the value,
determined by the:'City Council, each budget year, which can be financed by the amo4nt of
general funds ap i�opriated for such refunds. It is expressly provided, however, than such
refunds shall be Tess than 1S o and no it than 0.224 of the assessed value of the
qualifying structuir `• The assessed value of the land on which such structure is located shill not
be exempt from ay ad valorem • taxes pursuant to this section. Eligibility for suc�i tact
exemption shall recjire compliance with all requirements of this Ordinance, including Section 8.
(2) Histic L,andm Marker - Owners of Historic Landmarks shall be presented
with an official C�� of Historic Landmark marker to so designate their structure; All
costs of said mar4o shall be borne by the City. '
Revig. oluncil - Upon completion of the Historic landmark agreement, the Historic
Preservation Offirs' shall forward the completed agreement to City Council for final app> ovaL
Approval by co ' I shall constitute a f g-that eture is an historically signWcarit site
in need of tax relicin accordance with lion 11. the Texas Property Tax Code. 1 The
City Manager s t written notice of roval of the tax incentive is given ' to the
Chief Appraiser Q. :the Cow �3pprais$1 istrict and to the City o u ance
Director. The, the City f lshall pro 'de the property with docum fionrcf the f
appiieable-tax ' nag oa I o the - tax year immediately folio th6 year l
in which the agree' Vent is final'
Alter on arkesMiction of Historic Landmark In; order to . maintain eligibility for
incentives in awith this ordinance, the owner and his representative shall not 41ta or
totally or parti. ' destroy an Historic Landmark without an approved
.Appropriateness job Demolition Pern* t du4 the period of the exemption,� ed Certificate of
8 In the event that the
landmark is altar or totally or partially destroyed without an approved Certificate of
Appropriateness ' ; `� Demolition permit, the owner shall restore the structure to its originil state
and' he will no la ' er be entitled to the incentives, immediately repaying to the City allOf the
City Talc revenue Hutt were -not paid because of the exemption plus interest calculated at an
annual rate tefercent (10 )
; .
E. Transferabilit lof Benefits - The benefits of this incentive program relating to stn cmises
designated Histori. ;Landmark are transferable and run with the property,.kHowever, ever+ new
owner of an Hist6!; Landmark must enter into agreement with the Commission to maintain the
tax benefits. If ai.t w owner does not enter into such an agreement, the tax benefits will tease;
however, no reA4 of past tax benefit amounts will be due from the new owner.
The following items shall be used in determining whether a Historic Site has been
maintained in accordance with minimum property, structural, and health standards:
(a) Any well, cesspool, or cistern shall be securely covered or closed;
(b) Dead trees and tree limbs that are reasonably capable of causing injury to a
person shall be removed;
(c) Any structure or portion of a structure which is vacant shall be securely closed
so as to prevent unauthorized entry;
(d) Paint or other coatings shall be applied at reasonable intervals so as to protect
the exterior surfaces of a structure which are subject to decay;
e) The exterior grounds shall be maintained free of excessive rubbish, garbage,
junk, or refuse;
.
l�
(f) Screens and shutters existing at the time of historic designation or added
subsequent thereto shall be maintained in good repair;
(g) Broken windows shall be replaced or reglazed;
(h) Exterior doors and doorways shall be maintained in good repair and operable
condition;
(i) Skirting around the structure, if any, shall be maintained in good repair;
(j) Porch flooring and supports shall be maintained in a sound condition, capable
of bearing an imposed load safely;
(k) Railings and handrails of exterior stairs, steps, balconies, porches and other
exterior features shall be maintained in a sound condition so as to afford
safety;
(1) Rotted exterior wood shall be replaced and repainted;
(m) Broken or partially missing gutters or downspouts shall be replaced or
repaired.
(n) Loose bricks or stones in the exterior of a structure shall be reestablished or
replaced and all joints weatherproofed by proper maintenance of painting; and
(o) Fences and the exteriors of accessory buildings shall be maintained in
reasonable repair, including painting if applicable.
(6) Tax Assessment of Historic Sites and Determination of the Land Reasonably
Necessary for Access and Use Thereof -The City Tax Assessor -Collector shall determine
that portion of land which is reasonably necessary for access to and use of those historic
structures for which applications for approval of exemptions are pending, and shall assess
for taxation all such excess land in the same equal and uniform manner as all other
taxable properties in the City. The determination of the City Tax Assessor -Collector shall i
be final with respect to the amount of land reasonably necessary for access to and use of
the historic structure for which tax exemption is sought.
The City Tax Assessor -Collector shall, not later than June 1 of each year or as soon
thereafter as is practicable and prior to the levy of taxes for the current year, forward the
application for tax exemption to the City Council after having indicated thereon the
assessed values of the historic structure and land necessary for access to and use thereof
and the assessed value of the land determined to be in excess of that necessary for access
to and use thereof.
(7) Rendition and Assessment of Historic Sites for Ad Valorem Taxation -The
provisions of this subsection pertaining to partial exemption of historic properties do not
change the provision of any other section of the City Code pertaining to taxation, and the
applicant's properties shall be rendered and assessed in the same manner as any other
property in the event the City Council elects to disapprove the application for exemption.
(8) Additional Tax -Each year during which the historic site is granted a tax exemption
pursuant to provisions of this subsection, the Tax Assessor -Collector shall note on his
records the assessments which would have been made had the property not qualified for
tax exempt status under this subsection that it is no longer a Historic Site due to failure to
comply with this subsection, the property shall be subject to an additional tax, the
difference between the taxes paid or payable, under the provisions of this section, and the
amount of tax which would have been payable for the precedirig three (3) years had the
��� land not been approved for tax exemption under this subsection, or for a lesser number of
years, if any, during which such land has been exempt. Taxes provided by this subsection
shall be due and payable at once and if not paid within ninety (90) days thereafter, shall
be deemed delinquent and shall be subject to the same penalty and interest as other taxes
for each such year.
28.19 Exemptions From Provisions Of This Section
Ordinary repair or maintenance which does not involve changes in architectural and
historic value, style, or general design, color, or appearance is exempt from the
provisions of this section.
�� (o
18.5 Historic Preservation Commission Created
(1) Creation of Commission
There is hereby created a Historic Preservation Commission for historic districts and
landmarks, hereinafter called the Commission, consisting of seven (7) members. The`
members thereof shall be appointed by the City Council. �f
(2) Terms of Appointment
tj t ,� !•
l
Members shall serve from July 1 of the year of appointment for staggered terms of two
(2) years and may be appointed to Successive terms )of office. The membe the
commission shall be identified by place irtnn s-6ne (1) through seve (7). he
even -numbered places shall expires in the even -numbered years; the odd. ered C�
places shall expire in the odd numbered years. Newly appointed members shall be
installed at the first regular commission meeting after their appointment. r "
Vacancies shall be filled for an unexpired term in the manner in which original
appointments are required to be made. Continued absence of any member from regular
meetings of the commission shall, at the discretion of the city council, render any such (,
member liable to immediate removal from office.
Qualifications of Commission
To the extent possible, the City Council shall appoint members to the Commission from:
1. Business owner in the designated areas/landmarks
2. Property owner in the designated areasnandmarks
3. Residence owner in the designated areas/landmarks
4. Sanger Area Historical Society board member
5. One member At Large in the designated areas/landmarks
6. Two- members At Large outside of the designated areas/landmarks
W
All members must live within the County of Denton.
�`� The Chairman of the Commission shall be elected by a majority of the members of the
Commission. The first Chairman shall be elected at the beginning of the first meeting
held after the members are appointed and each successive Chairman shall be elected at
the first meeting held after new appointments to the Commission are made each April.
(5) Functions of Commission
The Commission shall act in an advisory capacity only, and shall have no power to bind
the City by contract or otherwise. It shall be the function of the Commission to advise the
Building Official concerning all applications for permits in the historic districts and
historic landmarks.
28.6 Meetings . � � �?; -r �-
,,,�{, -�
The Commission shall meet on an as needed basis with advance notice posted according to
the Texas Open Meeting Law. Adc`ii�tionally; meetings may be called upon request of the
Chairman, or upon written request of three (3) members, or upon notice from the City
Secretary that a matter requires the consideration of the Commission. Upon the filing of .
an application for a building permit in a historic district, or historic landmark, the
Commission shall hold a hearing within fourteen (14) days after the date of filing of such
application. The Commission shall take final action on the application within thirty (30)
days of the filing of said application. If action thereon is nat taken within thirty (30) days
' j after the date of filing of such application, it shall be deemed to have been recommended
for approval and a certificate showing the filing date and the failure to take action on the
application within thirty (30) days shall be issued by the Commission on demand. The
applicant may withdraw the application before the thirty (30) day period expires and may
resubmit it at a later time if additional time is required for the preparation of information
or for research required by the Commission. A majority of the members shall constitute a
quorum, and action taken at a meeting shall require the of ote of a majority of
�, the appointive members in attendance. �.,.,..:�-_-� � �`_; �;
z� t�`�
����(With at least two meetings per year to discuss...
�. f
,�t
,8�
}
;'
28.7 Role Of Building Official
(1) Construction, Reconstruction. Alteration, Restoration, or Relocation Procedure
The Building Official shall not take action upon a permit for any construction,
reconstruction, alteration, restoration, or relocation of a building or signs in the historic
district or historic landmark until he has received a recommendation from the
Commission or certificate from the Commission showing failure to take action as
a provided in Subsection 28.6 of this Section.
Upon receipt of an application for a permit in the historic district or historic landmark, the
Building Official shall act in accordance with the procedures presently being followed in
that office except as those procedures are necessarily modified by the following
(2)
requirements:
(a) He shall forward to the Commission a copy of the application for a building
Li permit, together with a copy of the plot plan and the building plans and
specifications filed by the applicant.
(b) He shall maintain in his office a record of all such applications and of his
1/ handling and final disposition of the same, which shall be in addition to and
appropriately cross-referenced to his other records.
(c) He shall require applicants to submit a sufficient number of additional copies
of material required to be attached to an application for a building permit in
i' compliance with the foregoing.
Demolition Pro�dtire
Notwithstanding any other prb
effect complete demolition of
pursuant to the terms of this Sf
r
on of this Sect' n, any property owner who desires to
entire strut, re on his property theretofore classifieds tD r 1
as, or pert of, a historic district or historic landmark, +`, :, t..
hall give written notice to the
s
demolition. One hundred twenty (1ae
owner shall be entitled to receive a
complies otherwise with this and the
(3) Standards to be Applied
g Official of his intention to effect such
,, _.
after the giving of such notice, the property `'
for such demolition, provided the application
ig Code.
The same criteria considere by the Commissio as set forth in Subsection 28.9 of this
Section shall be applied b the Building Officia in determination
arriving at his as to
issuance or denial of the permit.
%y
YY I
Exhibit A: Zoning Ordinance
28.9 Criteria To Be Used By Commission In Determining Its
1 Recommendation
(1) Historic Districts.
In determining the recommendation to be presented to the Building Official concerning
the issuing of a permit for the construction, reconstruction, alteration, restoration,
relocation, demolition, or razing of all or part of any building within the historic district,
the Commission shall consider the following matters:
(a) The effect of the proposed change upon the general historic, cultural, and
architectural nature of the district.
r
(b) The appropriateness of exterior architectural features, including parking and
,,; ' loading spaces, which can be seen from a public street, alley, or walkway.
(c) The general design, arrangement, texture, material,_ and color of the building
or structure and the relation of such factors to;similar features of buildings or
structures in the district. The criterion shall not be4heaesthetic appeal to the .
Commission of the structure or the proposed remodeling but rather its
conformity to the general character of the particular historic area involved.
(d) Signs which are not consistent with the character of the historic district in
question shall not be permitted.
(e) The value of the historic district as an area of unique interest and character
shall not be impaired.
(2) Historic Landmarks.
In determining the recommendation to be presented to the Building Official
administration concerning the issuing of a permit for the construction, reconstruction,
aIteration, restoration, relocation, demolition, or razing of all or part of any designated
historic landmark, the Commission shall consider those considerations which gave rise to
the original request for the designation of the place as a historic landmark as well as the
following matters:
(a) The effect of the proposed change upon the historic, architectural, or cultural
nature of the landmark.
(b) The appropriateness of exterior architectural features, including parking and
loading spaces, which can be seen from a public street, alley, or walkway.
(c) � The general design, arrangement, texture, material, and color of the building �
,, or structure site and the similarity, contrast, or other relation of such factors to
I other landmarks built at or during the same period, as well as the uniqueness
C Certificate of Airopriateness Applxcationl'rocedure
(1) No tiding permit requiring a certificate of appropriateness shall be issued'until
such certificate of _ propriateness has first been issued by the Commission. The certificate of
appropriateness req ed by this act shall be in addition to and not in lieu of any building permit
j that may be requi" by any other ordinance of the City of Bastrop. The building official shall
deny any appliccati ' for a binding permit to a structure or a site that requires, but does not
have, a certificate; appropriateness.
(2) Priq to the commencement of any work requiring a certificate of appropriateness,
the owner shall file' n application for such a certificate. The application shall contain.
f;
Name, address, telephone number of applicant, detailed description of
f proposed work.
(bi) Location and photograph of the property changes, if available.
(c) 's Elevation drawings, photographs, or illustrations of the proposed clwges,
{ if available.
i>
(d j ` k Samples of materials to be used.
TI
(e } ; If the proposal includes signs or lettering, a scale drawing showifrg the
J.J type of lettering to be used, all dimensions and colors, a description of
materials to be used, method of illumination (if any), and a plan showing
gn
the si 's location on the property.
a..
;q
y
(f) ` Any other information which the Commission may deem necessary in
order to visualize the proposed work. a
(3) The�(,Pommission shall review the application at a regularly scheduled meeting
within thirty (30) c ys from the date the application is received, at which time an opporhunity
will be provided fbtte applicant to be heard. The Commission shall approve, deny, or ap rove
with modifications, a permit, within forty-five (45) days after the review meeting, pro ded,
both review and ion may occur at the same meeting. In the event the Commission does not
act within seventyFive (75) days of the receipt of the application, a permit will be de' med
granted.
(4) Alld%ocisions of the Commission shall be in writing. The Commission's dedision.
shall state its find `s pertaining to the approval, denial, or modification of the application. A
copy shall be sent' the applicant. Additional copies shall be filed as part of the public record
on that property ali dispersed to appropriate city departments, e.g., building inspection.
(5) An licant for a certificate of appropriateness dissatisfied with the action Of the
Commission relatT-ting
to the issuance or denial of a certificate of appropriateness shall have the
right to appeal in to the City Council within thirty (30) days after receipt of notification
of such action. Thelty.Council shall give notice, follow publication procedure, hold hear'ngs,
and make its decis" in the saute manner as provided in the general zotaing ordinance o{f the
city.
U. Enforcement
(1) All rk performed pursuant to a certificate of aonronriarP*•��� -
ordinance shall cnn}
F. Preservation Plan.
The Preservation Plan shall include but shall not be limited to the following:
(1) Classification of uses. The Commission may examine the uses existing within the district in terms of their
individual and continued effect upon the character, safety, economic and physical impact of the district and may
recommend alterations in or additions to any existing regulations.
(2) Building code regulations. The Commission may review and recommend any amendments to the building
regulations it feels necessary to preserve the architectural and historic integrity and authenticity of structures within each
such district.
l�
( (3) Sign regulations. The Commission may recommend sign regulations for each such district concerning size,
a location, type and construction it feels appropriate.
(4) Parking regulations. The Commission may review the parking regulations in existence in the district and
recommend any changes in numbers or location of on -street and off-street parking requirements it feels necessary
g
to enhance the district. It shall review the adequacy of parking facilities in or affecting the district and may offer
recommendations for such public and/or private parking lots, garages or structures it deems to be in the best overall
interest of the district.
(5) Architect7iral standards. As a guide for those seeking a Certificate of Appropriateness pursuant to section
(3), the Commission may, in keeping with the significant architectural, historic or cultural elements of each such
district, recommend regulations affecting the exterior of the building, including, but not limited to, the following:
tp
a. Acceptable materials for new construction (e.g. stucco, masonry, metal and glass curtain);
b. Appropriate architectural character, scale and detail for new construction;
Ulf, C. Acceptable appurtenances to new and existing structures such as gables, parapets, balconies and dormers;
d. Acceptable accessories on new or existing structures such as light fixtures, gas lights, canopies, exterior
carpentry, banners, flags and projections and fences, if any;
e. Acceptable textures and ornamentation such as paint colors and type, use ofwood, stone, metal, plaster, plastics
and other manmade materials, use of shutters, wrought4ron, cast-iron, finishes of metal, colors of glass, such as
silver, gold, bronze, smoke, and other details or architectural ornamentation;
j,. £ Such other building regulations which would have impact on either new or existing building such as writing, fire
walls, sprinklers, requirements for fire escapes, use of flammable materials, multiple entrances and exists, and
other exterior features;
g. For those properties which are sites, lands, buildings, structures or vacant lots which are not of historical,
architectural or cultural importance or value, development or redevelopment shall be in accordance with the
historic district plan as to materials, scale and detail, appurtenances, textures, ornamentation and accessories, and
shall comply with existing regulations.
This ordinance shall be published after its passage and approval and shall take effect and be in force from and
after ten (10) days following such publication in the official newspaper.
11/08/2002 15:33
W I
Corrective actioi
or requirements
5123216684
i.
(1) If 1
or historic land>c
Commission. Ili
after the annlicai
days written n
of repair of the
potential usefu
preserving the
and all other fa
If the Commis:
repair would ret
determines that
demolition or "
the removal of tl
or a certificate c
applicant within
(2) If
receipt by the C6
removal shall be
advise the annlicat
(3) Al
certificate of dex
Council); '.a resul
Waring within a
deterxuine$, after
conditions suffici
Subsection A of tl
the fire marshal p.
case, the city col
structure or part tI
regard to the "His
way the City Cou;
CITY OF BASTROP
PAGE 14
Epp work order may be lifted following submission and approval of puns for
work, or "other plans to bring the project into compliance with the cor litions
;the certificate of appropriateness or other approvals.
tton 5. DemolitIon permits
application is received for demolition or removal of a designated sigz�ficant
k, the building official shall immediately forward the application io the
commission shall hold a public hearing on the applications within thirty days
is initially filed with the building official. The applicant shall be giv6n ten
of the hearing. The Commission shall consider the historic value, the state
ling, the reasonableness of the cost of restoration or repair, the exisft and
including the economic usefulness, of the building, the reasoris for
ure as a significant or historic landmark, the character of the neighborsood,
it finds appropriate,
letermines, based on the evidence presented, that the cost of restoratiou or
the property incapable of earning a reasonable return, or if the commission
merest of .preserving historic values will not be adversely affected by such
a1 or that the interest of preserviuog historical values can best be served by
ttcture to another specified location, it shall issue a certificate of demolition
moval to the building official, and the building official shall so advise the
days therefrom.
action has been taken by the Commission within sixty days of original
nission of the application, a certificate of demolition or a certificate of
teed issued by the landmark commissions and the building official shall so
a decision is reached by the Commission denying an application. for a
lion or a certificate of removal (either of which may be appealed to City
ttai of application for such certificate will not be accepted €e"Moonal
:lve-month-period from the date of final decision,, unless the Commission
sewing a written request of the application, that there has been a change 'in
to warrant an. eaf ivr rehearing. ;.
ctcl�a-u�
Demolitions Procedure
section shall not apply whenever the city engineer, the building official or
eeds under Bastrop City ordinances dealing with unsafe buildings. Insuch
after the appropriate notice and hearing, may order the building or
:of repaired, removed or demolished as provided by City ordinance wijhout
designation on the building or structure or part thereof; but in no 'event
take such action unless it determines that the building or structure of part
Ordinance - Historic I.u,dnlaric
PACE 13 OF 16 2Ucm1C,lCllS4'i'3.RR1&A,gTitOPIORDs11Il.4rO�t7.O1tD
11/08/2002 15:33 5123216684 CITY OF BASTROP PAGE
thereof is unsafe,: dangerous so as to endanger persons or property or is a fire hazard, and
AIL such danger v� hazard is so great and so immediate that Subsection, A of this section
be circumvented ki prevent immediate and substantial harm to �lrould
persons or property. such a
determination by' e City Council shall be final and there shall be no appeal,
Section 6. Economic Hardship
T
A. Economic �iarship Application Procedure
(1) j receiving written notcation from the Commission of the denim of a
certificate of appir: riateness, or an application to demolish, an applicant way commence the
hardship process. #� building permit or demolition permit shall be issued unless the Commission
makes a finding hip exists.
(2) Whdft a claim of economic hardship is made due to the effect of this ordinance;
the owner must pr tre that:
(a) the property is incapable of earning a reasonable return, regardless of
' whether that return represents the most profitable return possible;
@):11 the property cannot be adapted for any other use, whether by the current
owner or by a purchaser, which would result in a reasonable return; and
2
(c) `_ 6 efforts to find a purchaser interested in acquiring the property and
preservinig it have failed.
iI
(3) The; pllmt shall consult in good faith with the Commission, local preser*ation
groups and intert d parties in a diligent effort to seek an alternative that will result in
preservation of tbi�;' roperty. Such efforts must be shown to the Commission.
(4) The commission shall hold a public hearing on the application within sixty`, (60)
i. days from the d the application is received by the either the building inspector dr the
preservation office' i Following the hearing, the Commission has thirty (30) days in which to
prepare a written � ., mmendation to the building inspector or other official. In the eve�pt that
the Commission d 's not act within ninety (90) days of the receipt of the application, a Oermit
may be granted b}� the building inspector.
(5) All;. visions of the Commission shalt be in writing. A copy shall be sent to the
applicant by cera mail and a copy filed with the city clerks office ;for public Mspectio4 The
Commission's de c` on shall state the reasons for granting or denying the hardship application.
:.
(6) Are; 'pplicant submitting a hardship application, dissatisfied with the action 'of the
Commission relatjti to the approval or denial of such application shall have the right to appeal
in writing to the C Council within thirty (30) days after receipt of notification of such action.
The City Council all give notice, follow publication procedure, hold hearings, and make its
decision in the s ' E manner as provided in the general zoning ordinance of the city.
Ordinance - Hlstodc Landmark tMservaton PAGE 14 OF 16 2�j=\C:1CU)iNTS.RRIBASTROAORDMSTdR7.ORD
11/08/2002 15:33 5123216684
CITY OF BASTROP
PAGE 16
Nothing in this of
any exterior arch
design, material;
maintenance. Ini.
maintenance. Fri
building permit. '
maintenance and
S
Section 7. Ordinary Maintenance Gar
1 I'`
nance shall be constmed to prevent the ordinary maintenance and repair of
�ctural feature of a landmark or property which does not involve a change in
r outward appearance. included - -as —ooinary
i id replacement or repair is included in this definition of ordinary
hided, however, that this section shall not eliminate any requirement€ for a
the building inspector believes that the work does not constitute or(linary
the terms of this section, he shall refer the application to the hstoric_l
vreservatian offirerf;
ion S. Demolition by Neglect
.-Y
I l
4
No owner or pers �_p witb art interest in real property designated as a Significant ar Historic
Landmark shall e t the property to fall into a serious state of disrepair so as to result W the
l?:
deterioration of ' ` exterior architectural feature which would, in the judgment 0 the
Commission, prO . e a detrimental effect upon the character of landmark
as a whole or the life
and character of property itself. Examples of such deterioration include:
(1)
(3)
(4)
(5)
windows or
of exterior walls or other vertical supports.
of roofs or other horizontal members.
De k;'loration of exterior chimneys.
or crumbling of exterior stucco or mortar.
ective waterproofing of exterior walls, roof, yr foundations, including bokcn
(() Det��ioration of any feature so as to create a hazardous condition which could lead
to the claim that duolition� is necessary for the public safety.
13 Demoliti2� ale leg ct Hearing Peed=
(1) IJp notification to the Commission of such a state of disrepair, the Coma ssion
shall notify the a er in writing, informing the owner of the complaint and specifics pf the
alle ed deteriorate, requesting that the owner appear before the Commission for a fuller and
8
znQ�re accurate dei l tion of the existence of detrimental deterioration.
the Couunission determ—irg that the
(2) If,, r a hearing before the Commission,
deterioration has used a detrimental effect as described irx subsection A of this section, the
owner shall be g a reasonable time and opportunity to cure the deterioration by restgration
or other appropr actions. The owner must comply with all requirements of requesting a
Otdumcfcs _ tiiftotiC LI
PAGE 15 OF 16 iMcmkC!\CLrRN17S•RRXDA.i"iROPkORD5\HWOR7.ORD
!I ti
F BASTROP PAGE 17
11/08/2002 15:33 5123216684 CITY O._
a•:
certificate of appr nateness from the commission. This may be requested at the tune Of the
hearing in Paragra (1). Failure of the owner to cure the deterioration within the time spgcified
by the Commissl shall cause the structure to be ineligible in that tax year for t$e tax
exemption descri in Section 3.B.(1) above.
s
(3) A # perty owner dissatisfied with the action of the Commission relatin$ to a
commission fuyd' in Section 8 shall have the right to appeal Mi writing to the City C uncil
within thirty (30), ° ys after receipt of the Commission finding.
Sion 9. Penalties
Violators of any 4Vpe provisions set out ve shall be cited and subject to a fine not to exceed
the amount as set in Chapter 1, Article 1. 00, Section 1.106, of the 1§95 Bastrop City!Code
of Ordinances, as' ►fended.
i
L ' t >
part 2; ThaL all s r Code provisions, , or City requirements in conflict with this
Ordinance are her
repealed to the extent of suc conflict.
pelt 3; That the prvisions of the City Code regarding verability apply to this ozduianee.
That this o` ` " shall take full #once and effect up passage by the City Council and
upon publication accordancae with the State Statutes. now
, no tax exemptions shall take
effect until Octob 1, 1999.
PASSED BY ASTRf?P CITY COUNCIL ON THE 13 DAY O o c -t o b e r , � 998.
APPROVED; . A"ITEST:
4.
Totxl Scott, Mayot
APPROVED AS T�l FORM:
Roy Rutland, III, �y Attorney
Ordvwuxx - kiMOM L WU u&
Heathen G. Ambrose, City Secretary
PAOB 16 OF 16 2ycm�C:�C[.iHNTs.�it�BASrR�MOknS�sToit7.oRD
i