Loading...
Downtown Area Committee 01-08-20231. 2. 3. 4. AGENDA SANGER DOWNTOWN AREA COMMITTEE WEDNESDAY, JANUARY 8, 2003 6:00 P.M. 201 BOLIVAR Call Meeting to Order. Approve Minutes. Consider and Possible Action on the Proposed Changes to the City of Sanger Ordinances in Reference to the Historic Preservation and Downtown Area. Adjourn. Rosalie Chavez, City .131'p�kretary 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) 45&7930 for further information. Section 1. Declaration of Policy, Purpose & Definitions Section 2. Sanger Historical Commission Section 3. Role of Building Official Section 4. Categories of Protection Section 5. Creating Historic and Significant Districts, Section 6. Certificate of Appropriateness Application Procedure Section 7. Criteria To Be Used By Commission In Determining Its Recommendation Section 8. Enforcement Section 9. Findings Of The Commission Concerning Application For Permit Section 10. Economic Hardship Section 11. Demolition/Removal Application Procedure Section 12. Non -application of Demolition procedure Section 13.Ordinary Maintenance Section 14. Demolition by Neglect Section 15. Partial Tax Exemption For Historically Significant Sites Section 16. Incentives for Historic Landmarks Section 17. Exemptions From Provisions Of This Section --�-�11 , �r"C S-Pl'1,�Ct uK) Section L Declaration of Policy, Purpose & Definitions A. 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 of the people. It is recognized that the City of Sanger represents the unique confluence of time and place that shaped the identity of generations of citizens, collectively and individually, and produces significant historic, 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 important elements of the city's and state's architectural, cultural, social, economic, ethnic and political history and to develop appropriate settings; (1) To safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulation; (2) To encourage stabilized and improve property values in the vicinity by encouraging the most appropriate use of property and landmarks; (3) To foster civic pride in the beauty and accomplishments of the past; (4) 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; (5) To strengthen and stimulate the local economy and promote the welfare of the city; (6) To promote the use of historic landmarks for the culture, prosperity, education and general welfare of the people of the City and visitors to the city. (7) To ensure the harmonious, orderly, efficient and integrated development of the City. B. Definitions The following definitions shall apply to this ordinance. Alteration: A physical change in or to the exterior of a building. Architectural control: Regulations governing the appearance or architectural style of buildings or structures. Building: A building, such as a house, barn, church, hotel, or similar construction is created to shelter any form of human activity. Building also may be used to refer to historically and functionally related unit, such as a courthouse and jail or a house and barn. Case law: This is the body of law developed through hearings and judgments of specific issues (cases) by courts of law. Certifrcate of appropriateness: Asigned and dated document evidencing the approval of the Landmark Commission for work proposed by an owner of applicant. Comprehensive plan: A document or series of documents prepared by a planning commission of department setting forth policies for the future of a community. Demolition: An act or process which destroys a site or structure in its entirety, or which destroys a part of a site or structure and permanently impairs its structural, historic or architectural integrity. Design review: The decision -making process conducted by an established review committee of a local government that is guided by the terms set in the historic preservation ordinance. Design review guidelines: These are a set of guidelines adopted by the commission that details acceptable alterations of designated properties They are usually generously illustrated and written in a manner that would be understood by most property owners. District.' A district possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. Historic landmark: A structure, building or site which satisfies two or more of the criteria set out in Section ---, paragraph ----, and which is designated as such in accordance with this ordinance. Historic property. A district, site, building, structure, or object significant in American history, architecture, engineering, archeology, or culture at the national, state, or local level. Historic resource: This generally is the same as a historic property. It includes architectural, historical, and archeological properties as well as landscape features. Inventory: A list of historic properties that have been identified and evaluated as meeting specified criteria of significance. Object: The term object is used to distinguish from buildings and structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be by nature or design, movable, an object is associated with a specific setting or environment, such as statuary in a designed landscape. Ordinary maintenance: This generally refers to activities relating to a property that would be considered ordinary or common for maintaining the property, such as the replacement fora porch floor with identical or in -kind materials. It also may include other activities such as painting the original color. Overlay zones: A set of zoning requirements that is described in the ordinance text, is mapped, and is imposed in addition to those of the underlying district. Development within the overlay zone must conform to the requirements of both zones or the more restrictive of the two. Police power: The authority of government to exercise controls to protect the public's health, safety, morals, and general welfare. Preservation: The act of process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials. Preservation planning: This refers to the planning for the continued identification and evaluation of historic properties and for their protection and enhancement. Rehabilitation: The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work. Significant landmark: A structure, building, or site which satisfies two or more of the criteria set out in Section 2, paragraph C.1, and which is designated as such in accordance with this ordinance. Site: A site is the location of a significant event, prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archaeological value regardless of the value of any existing structure. Structure: The tem "structure " as used herein includes buildings and other structures in addition to those constructions usually intended for creating shelter. Section 2. Sanger Historical Commission A. General These provisions pertaining to the establishment of a Historical Commission constitute a part of the Comprehensive Plan of the City. B. Creation of Commission There is hereby created a Historic Preservation Commission for historic and significant districts and landmarks, hereinafter called the Commission, consisting of seven (7) members. The members thereof shall be appointed by the City Council. C. Terms of Appointment Members shall serve from July 1 of the year of appointment for staggered terms of three (3) years and may be appointed to successive terms of office. The members of the commission shall be identified by place number one (1) through seven (7), with lots to be drawn the at the first meeting to begin the staggered terms. Newly appointed members shall be installed at the first regular commission meeting after their appointment. 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 meeting of the commission or any change in qualifications of member shall, at the discretion of the city council, render any such member liable to immediate removal from office. D. 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 areas/landmarks 3. Residence owner in the designated areas/landmarks 4. Sanger Area Historical Society board member S. One member At Large in the designated area/landmarks 6. Two members At Large outside of the designated areas/landmarks A11 members must live within the City Limits of Sanger or the Sanger Extra -Territorial Jurisdiction. The Chairman of the Commission shall be elected by a maj ority 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. E. 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 and significant districts and historic and significant landmarks. F. Meetings The Commission shall meet on an as needed basis with advance notice posted according to the Texas Open Meeting Law. Additionally, meetings maybe called upon request of the Chairman, or upon written request of three (3) members, 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 (30) days of the filing of the review meeting. If action thereon is not taken within (30) days after the date of filing of such application, it shall be deemed to have been recommended for approval and 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. The majority of the members shall constitute a quorum, and action taken at a meeting shall require the affirmative vote of a majority of the appointive members in attendance. With at least one meeting in July to review the ordinance and plan for future projects, and election of chairman. Section I 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 new or otherwise, reconstruction, alteration, restoration of a building or signs in the historic/significant district or historic/significant landmark until he has received a recommendation from the Commission or certificate from the Commission showing failure to take action as provided in Subsection --- of this Section. Upon receipt of an application for a permit in the historic and significant district or historic and significant landmark, the Building Official shall act in accordance with the procedures being followed in that office except as those procedures are necessarily modified by the following requirements: (a) He shall forward to the Commission a copy of the application for building 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 handling and final disposition of the same, which shall be in addition to and appropriately cross-referenced to his records. (c) He shall require applicants to submit a sufficient number of additional copies of material required to an application for a building permit in compliance with the foregoing. Section 4. Categories of Protection A. Establishment of Categories There shall be four categories of protection for historically, culturally, architecturally or archaeologically significant properties in the City of Sanger, as follows: (1) Significant Landmark (3) Significant District (2) Historic Landmark (4) Historic District B. General Criteria The criteria to be applied in order to determine whether structures qualify for designation as a Significant Landmark or Historic Landmark are as follows: (1) Possesses significance in history, architecture, or culture. (2) Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history. (3) Is associated with the lives of persons significant in our past. (4) Embodies the distinctive characteristics of a type, period, or method of construction. (5) Represents the work of a master designer, builder, or craftsman. (6) Represents an established and familiar visual feature of the city. (7) Is designated as a Recorded Texas Historic Landmark or State Archeological landmark, or is included on National Register or Historic Places. C. Criteria for Individual Categories (1) Significant Landmark - A structure, building or site may be designated as a Significant Landmark if it meets two or more of the criteria set out in subsection B. (2) Historic Landmark - A structure, building or site maybe designated as an Historic Landmark if it has already met the criteria as a significant structure by the City of Sanger, and possesses significant historical value, and thereby agrees to comply with all procedures for a Certificate of Appropriateness. D. Designation of Significant Landmarks (1) These provisions pertaining to the designation of Significant Landmarks constitute a part of the comprehensive zoning ordinance and the official zoning map of the City of Sanger. (2) Owners ofproposed Significant Landmarks shall be.notified prior to the Commission hearing on the recommended designation. Such hearing shall be conducted in the same manner and according to the same procedures as specifically provided in the general zoning ordinance of the City of Sanger. At the Commission's public hearing, owners, interested parties, and technical experts may present testimonyor documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed significant landmark. (3) Upon recommendation ofthe Commission, the proposed Significant Landmark shall be submitted to the Zoning Commission within thirty (30) days from the date of submittal of the designation request. The Zoning Commission shall give notice and conduct its hearing on the proposed designation within forty-five (45)days of receipt of such recommendation from the Commission. Such hearing shall be conducted in the same manner and according to the same procedures as specifically provided in the general zoning ordinance of the City Council within forty-five (45) days subsequent to the hearing on the proposed designation. (4) The City Council shall schedule a hearing on the Commission's recommendation to be held within forty-five (45) days of receipt of the recommendation of the Zoning Commission. The City Council shall give notice, follow the publication procedure, hold hearing, and make its determination in the same manner as provided in the general zoning ordinance of the City of Sanger. (5) Upon Designation of a structure as a Significant Landmark, the City Council shall cause the designation to be recorded in the Official Real Property Records ofDenton County, Texas. All zoning maps shall be amended to .indicate the location of the designated structures with an appropriate mark, and the property owner shall be notified in writing of such designation. E. Designation of Historic Landmarks (1) Upon receipt of a completed application for Historic Landmark designation, and approval of said application by the Commission, the owner/owners of said property may enter into a contractual agreement with the Commission to maintain the property according to design guidelines adopted by the Commission. Upon completion of this agreement and with the approval of the City Council, the owner/owners of said property shall be entitled to all incentives contained in Section (2) These provisions pertaining to the designation of HistoricLandmarks constitute a part of the comprehensive zoning ordinance and the official zoning map of the City of Sanger. (3) Owners of proposed HistoricLandmarks shall be notified prior to the Commission hearing on the recommended designation. Such hearing shall be conducted in the same manner and according to the same procedures as specifically provided in the general zoning ordinance of the City of Sanger. At the Commission's public hearing, owners, interested parties, and a record regarding the historic, architectural, or cultural importance of proposed Historiclandmark. (4) Upon recommendation of the Commission, the proposed Historiclandmark shall be submitted to the Zoning Commission within thirty (30) days from the date of submittal of the designation request. The Zoning Commission shall give notice and conduct its hearing on the proposed designation within forty-five (45)days of receipt of such recommendation from the Commission. Such hearing shall be conducted in the same manner and according to the same procedures as specifically provided in the general zoning ordinance of the City Council within forty-five (45) days subsequent to the hearing on the proposed designation. (5} The City Council shall schedule a hearing on the Commission's recommendation to be held within forty-five (45) days of receipt of the recommendation of the Zoning Commission. The City Council shall give notice, follow the publication procedure, hold hearing, and make its determination in the same manner as provided in the general zoning ordinance of the City of Sanger. (6) Upon designation of a structure as an Historic Landmark, the City Council shall cause the designation to be reflected in the tax records of the City of Sanger. All zoning maps shall be amended to indicate the location of the designation structures with an appropriate mark, and the property owner shall be notified in writing of such designation. F. Relationship of Designation to Zoning (a) Designation by the City Council as a Historic District or a Historic Landmark is intended as Historic zoning, which is separate form all other zones. The permitted uses of the property shall be determined and controlled by the recommendations of the Commission and approval of the Council thru the application process. (b) The Historic Zone will adhere to the guidelines outlined in Section 9 of this document. (c) If there is any conflict between the provision of this Section and any other provision of the Zoning Ordinance, the most restrictive regulation shall apply, in the absence of a specific directive to the contrary. The designation of a property shall be subject to review by the Commission, the Planning and Zoning Commission shall then recommend such designation to City Council, who shall be the final authority, in accordance with the Zoning Ordinance and State Law. Section 5. Creating Historic and Significant Districts. A. Historic District 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 "historic" in their zoning designation and property therein shall continue to bear its use designation as provided in the general zoning provision 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 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 provisions of this ordinance not in conflict with the terms of this Section are hereby adopted and made apart hereof. B. Significant District This district will serve as an overlay to the primary district. The City Council may from time to time designate certain areas as significant districts, and define, amend, or eliminate the boundaries of same. Such districts shall bear the word "significant" in their zoning designation and property therein shall continue to bear its use designation as provided in the general zoning provision 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 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 provisions of this ordinance not in conflict with the terms of this Section are hereby adopted and made apart hereof. C. Boundaries of Historical and Significant Districts Historical Downtown Area Historical Area A Historical Area B Significant Area A Significant Area B Section 6. Certificate of Appropriateness Application Procedure (1) No building permit requiring a certificate appropriateness shall be issued until such certificate of appropriateness has first been issued by the Commission. The certificate of appropriateness required by this act shall be in addition to and not in lieu of any building permit that might be required by any other ordinance of the City of Sanger. The building official shall deny any application for a building permit to a structure or a site the requires, but does not have, a certificate of appropriateness. (2) Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate. The application shall contain. (a) Name, address, telephone number of applicant, detailed description of proposed work. (b) Location and photograph of the property changes, if available. (c) Elevation drawings ,photographs, or illustrations of the proposed changes, if available. (d) Samples of materials to be used. (e) If the proposal includes signs or lettering, a scale drawing showing the 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 the sign's location on the property. (f) Any other information which the Commission may deem necessary in order to visualize the proposed work. (3) The Commission shall review the application at a scheduled meeting within fourteen (14) days from the date the application is received, at which time an opportunity will be provided for the applicant to be heard. The Commission shall approve, deny, or approve with modifications the permit, within thirty (30) days after the review meeting, provided, both review and action may occur at the same meeting. In the event the Commission does not act within forty-four (44) days of the receipt of the application, a permit will be deemed granted. (4) All decisions of the Commission shall be in writing. The Commission's decision shall state its findings pertaining to the approval, denial, or modification of the application. A copy shall be sent to the applicant. Additional copies shall be filed as part of the public record on that property and dispersed to appropriate city departments, e.g., building inspection. (5) An applicant for a certificate of appropriateness dissatisfied with the action of the Commission relating to the issuance or denial of a certificate of appropriateness shall have the right to appeal in writing to the City Council within thirty (30) days after receipt of notification of such. The City Council shall give notice, follow publication procedure, hold hearings at the regular scheduled City Council meetings, and make its decision in the same manner in the general zoning ordinance of the city. Section 7. Criteria To Be Used By Commission In Determining Its 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. (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 be the aesthetic 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, alteration, 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 other landmarks built at or during the same period, as well as the uniqueness of such features, considering the remaining examples of architectural, historical, and cultural values. (d) Signs which are not consistent with the character of the historic landmark shall not be permitted. (e) The value of the historic landmark as a place of unique interest or character shall not be impaired. Section 8. Enforcement (1) All work performed pursuant to a certificate of appropriateness issued under this ordinance shall conform to any conditions or requirements included therein. It shall be the duty of the building inspector or his designee to inspect periodically any such work to assure compliance. In the event work is not being preformed in accordance with the certificate of appropriateness, the building official or his designee shall issue a stop work order, and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work is in effect. (2) A stop work order maybe lifted following submission and approval of plans for corrective action or work, or other plans to bring the project into compliance with to conditions or requirements of the certificate of appropriateness or other approvals Section 9. Findings Of The Commission Concerning Application For Permit (1) If the Commission decides to recommend against the granting of a permit, it shall indicate to the applicant the changes in plans and specifications, if any, which in the opinion of the Commission, would protect the distinctive historical character of the historic district or historic landmark. The Commission shall withhold its report to the Building Official for a period of five (5) days following its discussion to allow the applicant to decide whether or not to make the suggested changes in his plans and specifications. If the applicant determines that he will make the suggested changes, he shall so advise the Commission within that time. (2) The Commission, after the meeting provided for in Subsection -- of this Section and after the making of any changes in the plans and specifications as provided in paragraph (1) of Subsection 28.10 of this Section, shall submit to the Building Official, in writing, its recommendation concerning the issuance of a permit for the construction, reconstruction, alteration, restoration, relocation, demolition or razing of all or a part of any building within the historic district or historic landmark. The written report shall include the opinion and recommendation of the Commission as stated in subparagraphs (g) and (h) of this paragraph and may include all or any part of the matters stated in subparagraphs (a) through (f) of this paragraph. (a) The exact location of the area or place in which the work is to be done. (b) The exterior changes to be made or the exterior character of the structure to be erected. (c) A list of surrounding structures with their general exterior characteristics. (d) The effect of the proposed change upon the general historic and architectural nature of the district or landmark. (e) The, appropriateness of exterior architectural features which can be seen from a public street, alley, trail, or walkway. (f) The general design, arrangement, texture, material, and color ofthe building or structure and the relation of such factors to similar features of buildings or structures in a district, or to the general period of construction in a district or landmark. (g) The opinion of the Commission, including any dissent, as to the appropriateness of the work proposed as it will preserve or destroy the historic aspect and nature of the district or landmark. (h) The specific recommendation of the Commission. (3) A stop work order may be lifted following submission and approval of plans for corrective action or work, or other plans to bring the project into compliance with the conditions or requirements of to certificate of appropriateness or other approvals. Preservation Plan. The Preservation Plan shall include but shall not be limited to the following: (A) 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. (B) 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. (C) Sign regulations. The commission may recommend sign regulations for each such district concerning size, location, type and construction it feels appropriate. (D) 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 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. (E). Architectural 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: 1. Acceptable materials for new construction (e.g. stucco, masonry, metal and glass curtain); 2. Appropriate architectural character, scale and detail for new construction; 3. Acceptable appurtenances to new and existing structures such as gables, parapets, balconies, and dormers; 4. Acceptable accessories on new or existing structures such as light fixtures, gas lights, canopies, exterior carpentry, banners, flags and projections and fences, if any; 5. Acceptable textures and ornamentation such as paint colors and type, use of wood, stone, metal, plaster, plastics and other manmade materials, use of shutters, wrought -iron, cast -iron, finishes of metal, colors of glass, such as silver, gold, bronze, smoke, and other details or architectural ornamentation; 6. 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 exits, and other exterior features; 7. 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; 8. 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 other landmarks built at or during the same period, as well as the uniqueness of such features, considering the remaining examples of architectural, historical, and cultural values. Section 10. Economic Hardship Economic Hardship Application Procedure (A) After receiving written notification from the Commission of the denial of a certificate of appropriateness, or an application to demolish, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Commission makes a finding that hardship exists. (B) When a claim of economic hardship is made due to the effect of this ordinance, the owner must prove that: l . the property is incapable %J earning a reasonable return, regardless of whether that return represents the most profitable return possible; 2. 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 3. efforts to find a purchaser interested in acquiring the property and preserving it have failed. (3) The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the Commission. (4) The Commission shall hold a public hearing on the application within sixty (60) days from the date the application is received by the either the building inspector of the preservation officer. Following the hearing, the Commission has thirty (30) days in which to prepare a written recommendation to the building inspector or other official. In the event that the Commission does not act within ninety(90) days of the receipt of the application, a permit may be granted by the building inspector. (S) All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by certified mail and a copy filed with the city clerks office for public inspection. The Commission's decision shall state the reasons for granting or denying the hardship application. (6) An applicant submitting a hardship application, dissatisfied with the action of the Commission relating to the approval or denial of such application shall have the right to appeal in writing to the City Council within thirty (30) days after receipt of notification of such action. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning ordinance of the city. Section 11. Demolition/Removal Application Procedure (1) If an application is received for demolition or removal of a designated significant or historic landmark, the building official shall hold a public hearing on the application within thirty days after the application is initially filed with the building official. The applicant shall be given ten day's written notice of the hearing. The Commission shall consider the historic value, the state of repair of the building, the reasonableness of the cost of restoration or repair , the existing and potential usefulness, including the economic usefulness, of the building, the reasons for preserving the structure as a significant or historic landmark, the character of the neighborhood, and all other factors it finds appropriate. If the Commission determines, based on the evidence presented, that the cost of restoration or repair would render the property incapable of earing a reasonable return, or if the commission determines that the interest of preserving historic values will not be adversely affected by such demolition or removal or that the interest of preserving historical values can best be served by the removal of the structure to another specified location, it shall issue a certificate of demolition or a certificate of removal to the building official, and the building official shall so advise the applicant within five days therefrom. (3) If no action has been taken by the Commission within sixty days of original receipt by the Commission of the application, a certificate of demolition or a certificate of removal shall be deemed issued by the landmark commission and the building official shall so advise the applicant. (4) After a decision is reached by the Commission denying an application for a certificate of demolition or a certificate or removal (either of which may be appealed to City Council), no re submittal of application for such certificate will not be accepted, unless the Commission determines, after reviewing a written request of the application, that there has been a change in conditions sufficient to warrant an additional. Section 12. Non -application of Demolition procedure Subsection A of this section shall not apply whenever the city engineer, the building official or the fire marshal proceeds under Sanger City ordinances dealing with unsafe buildings. In such case, the city council, after the appropriate notice and hearing, may order the building or structure or part thereof repaired, removed or demolished as provided by City ordinance without regard to the "Historic" designation on the building or structure or part thereof, but in no event may the City Council take such action unless it determines that the building or structure or part thereof is unsafe and dangerous so as to endanger persons or property or is a fire hazard, and that such danger or hazard is so great and so immediate that Subsection A of this section should be circumvented to prevent immediate and substantial harm to persons or property. Such a determination by the City Council shall be final and there shall be no appeal. Section 13.Ordinary Maintenance Nothing in this ordinance shall be constructed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property which does not involve a change in design, material, or outward appearance. A change in Paint color is not consider ordinary Maintenance. ln- kind replacement or repair is included in this definition of ordinary maintenance. Provided, however, that this section shall not eliminate any requirement for a building permit. If the building inspector believes that the work does not constitute ordinary maintenance under the terms of this section, he shall refer the application to the historic preservation officer. Section 140 Demolition by Neglect A. State of Demolition by Neglect No owner or person with an interest in real property designated as a Significant or Historic Landmark shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgement of the Commission, produce a detrimental effect upon the character of landmark as a whole or the life and character of the property itself. Examples of such deterioration include: (1) Deterioration of exterior walls of other vertical supports. (2) Deterioration of roofs or other horizontal members. (3) Deterioration of exterior chimneys. (4) Deterioration or crumbling of exterior stucco or mortar. (5) Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors. (6) Deterioration of any features so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. B. Demolition By Neglect Hearing Procedure (1) Upon notification to the Commission of such a state of disrepair, the Commission shall notify the owner in writing, informing the owner of the complaint and specifics of the alleged deterioration, requesting that the owner appear before the Commission for a fuller and more accurate determination of the existence of detrimental deterioration. (2) If, after a hearing before the Commission, the Commission determines that the deterioration had produced a detrimental effect as described in subsection A of this section, the owner shall be given a reasonable time and opportunity to cure the deterioration by restoration or other appropriate actions. The owner must comply with all requirements of requesting a certificate of appropriateness from the commission. This may be requested at the time of the hearing in Paragraphs (1). Failure of the owner to cure the deterioration within the time specified by the Commission shall cause the structure to be ineligible in that tax year for the tax exemption described in Section B. (1) above. (3) A property owner dissatisfied with the action of the Commission relating to a commission finding in Section 8 shall have the right to appeal in writing to the City Council within thirty (30) days after receipt of the Commission finding. Section 15. 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 16. Incentives for Historic Landmarks A. Purpose of Incentives The purpose of this section is to encourage historic preservation by providing incentives for the stabilization, rehabilitation and renovation of properties designated as Historic Landmarks. B. Incentives l . Exemption from City Taxes on Structure - A structure designated as an historic landmark may be exempt from a portion of the ad valorem taxes owed to the City of Sanger, commencing on the first day of the tax year following such designation, and following passage by Council of an ordinance declaring such an exemption. The exemption shall relate only to taxes owed on the assessed value of the qualifying structure. The exemption shall be administered in the form of a refund by the City of a portion of the taxes paid on the qualifying structure. All such refunds shall be based on a uniform percentage of the assessed value, determined by the City Council, each budget year, which can be financed by the such refunds shall be no less than 0.15% and no greater than 0.2245% of the assessed value of the qualifying structure. The assessed value of the land on which such structure is located shall not be exempt from city ad valorem taxes pursuant to this section. Eligibility for such tax exemption shall require compliance with all requirements of this Ordinance, including Section 8. 2. Historic Landmark Marker - Owner of Historic Landmarks shall be presented with an official City of Sanger Historic Landmark marker to so designate their structure. All costs of said marker shall be borne by the City. C. Review by City Council Upon completion of the Historic Landmark agreement, the Historic Preservation Officer shall forward the completed agreement to City Council for final approval. Approval by council shall constitute a finding that the structure is an historically significant site in need of tax relief in accordance with Section 11.24 of the Texas Property Tax Code. The City Manager shall insure that written notice of approval of the tax incentive is given to the Chief Appraiser of the Sanger County Appraisal District and to the City of Sanger Finance Director. Thereafter, the City of Sanger shall provide the property with documentation of the applicable tax incentive commencing on January 1 of the tax year immediately following the year in which the agreement is finalized. D. Alteration or Destruction of Historic Landmark - In order to maintain eligibility for incentives in accordance with this ordinance, the owner and his representative shall not alter or totally or partially destroy an Historic Landmark without an approved Certificate of Appropriateness of Demolition Permit during the period of the exemption. In the event that the landmark is altered or totally or partially destroyed without an approved Certificate of Appropriateness of Demolition permit, the owner shall restore the structure to its original state and he will no longer be entitled to the incentives, immediately repaying of the. City all of the City Tax revenues that were not paid because of the exemption plus interest calculated at an annual rate of ten percent (10%). E. Transferability of Benefits The benefits of this incentive program relating to structures designated Historic landmark are transferable and run with the property. However, every new owner of an Historic Landmark must enter into agreement with the Commission to maintain the tax benefits. If a new owner does not enter into such an agreement, the tax benefits will cease; however, no refund of past tax benefit amounts will 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 inj ury 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; (f) Screens and shutters existing at the time of historic designation of added subsequent thereto shall be maintained in good repair; (g) Broken window 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 or 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 gutter or down spouts 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. A. 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 structure 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 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 taxed 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. B. 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. C. 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 provision of this section, and the amount of tax which would have been payable for the preceding three (3) years had the years, if any, during which such land has been exempt. Taxes provided by this subsection be deemed delinquent and shall be subject to the same penalty and interest as other taxes for each such year. Section 17. 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, appearance is exempt from the provision of this section.