The URL can be used to link to this page

Downtown Area Committee 11-14-2002s DOWNTOWN AREA COMMITTEE November 14, 2002 8:00 P.M. 0 1. 2. 3. AGENDA SANGER DOWNTOWN AREA COMMITTEE THURSD^ NOVEMBER 14, 2002 8:00 P.M. 201 BOLIVAR Call Meeting to Order. Review of the City of Sanger's Current Ordinances Relating to the Historic/Downtown Areas. Review of Ordinances from Other Cities. 4. Consider and Ordinances. 5. Adjourn. Possible Action on the Proposed Changes to the City of Sanger Rosalie Chavez, City Secretary 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 k940) 458-793v for further information. G� m F Ply-,= HISTORICAL PRESERVATION ORDINANCE WHEREAS, CH. 221 TEXAS LOCAL GOVERNMENT CODE, the Municipal Zoning Authority, specifically authorizes zoning functions and procedures for municipalities; and WHEREAS, CH. 221 TEXAS LOCAL GOVERNMENT CODE, Section 221.005 authorizes the governing body ofa municipality to divide the municipality into districts, within which the governing body may regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land and within which zoning regulations must be uniform for each class or kind of building in a district; however, zoning regulations may vary from district to district. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PHARR: That the following Historical Preservation Ordinance is hereby adopted as part of the Comprehensive Plan, pursuant to CH. 21 l TEXAS LOCAL GOVERNMENT CODE. 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 of the 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: (I) To protect, restore, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city and state 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; (3) To stabilize and improve 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 net (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 of historic landmarks for the culture, prosperity, education and general welfare of the people of the 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. A. Created. (a) There is hereby created a Commission to be known as the Pharr Historical Commission of the city, hereinafter called `Commission', composed of a minimum of five (5) members appointed by the city council for a term of three (3) years with a maximum of two (2) reappointments. These are possible representatives: (1) A historian by trade, member of the County Historical Commission, if possible; (2) A member at large of the citizenry interested in historic preservation; (3) A member representative from the downtown advisory committee; (4) A member ofthe local chapter ofthe American Institute of Architects, or any other chapter from the design or planning profession; (5) A member that is owner of a landmark, preferably within the City's historic district or any other historic district created by this ordinance or any subsequent ordinance; All members shall be residents of the City and should have a knowledge and experience in the architectural, cultural, social, economic, ethnic or political history of the city. No one (1) business or professional interest shall constitute a majority membership of the Commission. (b) The normal term of members of the Commission shall be three (3) years; however, half oftheeinitial members shall serve two- year terms, the other half, three-year terms. The respective two and three-year terms shall'be determined by the drawing of lots. Vacancies in an unexpired term shall be filled by the City Council for the remainder of the term. (c) The City Councit or the Commission itself may draw on the knowledge, experience and expertise ofany person in the community by appointing such person to the Commission as a special advisor without voting privileges. (d) The Commission shall meet at least every other month, with additional meetings upon call by -the presiding officer of the Commission or upon petition of a simple majority of the Commission members. A majority of appointed members present shall constitute a quorum, and issues shall be decided by a simple majority vote of the members present and voting. The Commission shall adopt appropriate rules and regulations for the conduct of its business and the election of its presiding officer and other officers as prescribed by city charter and code. The minutes of each meeting shall be filed in the office of the city secretary. (e) If a vacancy exists in the membership of the Commission the City Council shall promptly fill it. B. Function. The Commission shall be empowered to: (a) Make recommendations for employment of staff, professional consultants and special advisors as necessary to carry out the duties of the Commission (b) The Commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and (ands within the city which may be eligible for designation as historic landmarks and shall prepare a `Preservation Plan which shall: (1) Establish criteria to be used in determining whether certain buildings, structures, sites, districts, areas, lands and other objects should be designated as historic landmarks; (2) Establish guidelines to be used in determination of whether to grant or deny Certificates of Appropriateness for historic designations, new construction, reconstruction, restorations, alterations, rehabilitation, removals, relocations, demolitions, inclusion or exclusion of properties into' or from historic districts, or,; (3} Formulate suggestions for private and public action which may state the role of various city agencies in the preservation of historic landmarks; (4) Suggest sources of funds for preservation and restoration activities and acquisitions, to include federal sources, state sources, private and foundation sources, as well as municipal sources; 2 (5) Recommend to the proper agencies incentives designed to encourage historic preservation. (c) The Preservation Plan shall be presented to the Planning & Zoning Commission for consideration and recommendation to the City Council for inclusion in the Comprehensive Plan of the city. Prior to presenting the Preservation Plan, or any amendment thereto, to the P & Z Commission, the Commission shall hold a public hearing on the Preservation Plan or the amendment thereto. (d) Every year the Commission shalt prepare and submit a report to the mayor to include a review of the Preservation Plan and the state of preservation of designated historic landmarks and districts, and a summary of the work completed, including any appropriate action taken on any amendments to the plan deemed necessary. The report shall become part of the Commission minutes. (e) The Commission shall recommend to the Planning &Zoning Commission ordinances designating certain buildings, structures, sites, districts, areas and lands in the city as historic landmarks. The Commission shall hold a public hearing on all proposed ordinances and the owner of any land included in the proposed ordinance shall be given at least ten (10) days' written notice of the public hearing. (f) tf the Commission finds that buildings, structures, sites, districts, lands or areas cannot be preserved without acquisition, the Commission shall recommend to the City Council that a fee or a lesser interest of the property in question be acquired by gift, devise, purchase or otherwise pursuant to the city charter and state of federal laws. (g) The designation ofan historic landmark may be amended or removed using the same procedure provided in this ordinance for the original designation. (h) The Commission shall provide information and counseling to owners of designated historic landmarks. Notice. Any notice required to be given under this article, if not actually delivered, shall be given by depositing the same in the United States mail, postage prepaid, addressed to the person or entity to whom such notice is to be given, when required, to an owner or owners of property. Such notice, delivered or mailed by certified or registered mail, may be addressed to such owner or owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll. Section 3. Designation of Historic Landmarks General These provisions pertaining to the designation of historic landmarks constitute a part of the Comprehensive Plan of the City. As used here, the term `historic landmark' shall mean any building, structure, site, district, area or land of architectural, historical or cultural importance or value, which the City Council determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education and general welfare of the people. A. Designation The Commission shall recommend to the P & Z Commission ordinances (see section 2(B)e for procedures) designating buildings, structures, sites, districts, areas and lands in the city as historic landmarks and define, amend and delineate the boundaries thereof called `districts'. Accordingly, the City Council shall authorize the Commission to issue a Certificate of Appropriateness within ten (10) days effective the date on which the final ordinance is passed. Historic designations made by the City Council shall be in addition to any other use designation established. The same shall apply when an owner of a property requests that his/her property be designated as an historic landmark, or included within a historic district. The owner shall submit the required application for a Certificate ofAppropriateness to a building official. 3 An historic landmark map shall be maintained in the office of the director of planning. The map shall reflect the designation of an historic landmark or district. A copy ofthe map shall be immediately forwarded to the building official's office. All official zoning maps of the City of Pharr should indicate the designated landmarks with an appropriate mark. Upon designation of a building, object, site, structure as a historic landmark, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Hidalgo County, the tax records of the City of Pharr, and the Hidalgo County Appraisal District, B. Designation Criteria for Historic Landmarks and Districts In making designations as set forth in this ordinance, the Commission shall consider, but shall not be limited to, one (1) or more of the following criteria: (1) Character, interest, significance, exemplification, or value as part ofthe role in the development ofthe economic, social, ethnic or historical heritage, or the cultural characteristics of the City, as well as those of the state of Texas or the United States of America. (2) Recognition as a recorded state historic landmark, a national historic landmark, or entered into the National Register of Historic Places; : s (3) Embodiment of distinguishing characteristics of an architectural type of specimen; (4) Identification as the work of an architect or master builder whose individual work has influenced the development ofthe city; (5) Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation; (6) Relationship to other distinctive buildings, sites, or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif; (7) Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style; (8) Location as the site of a significant historical event; (9) Identification with a person or persons who significantly contributed to the culture and development of the city, state or nation; and (10) Value, as an aspect of community sentiment, public pride, local identity or humble origins of an established visual feature that may be ordinary or familiar, but which has acquired significance in its own right. (C) Criteria for Approval of a Certificate of Appropriateness (a) Prohibition. No person or entity shall carry out any construction, reconstruction, restoration, alteration, rehabilitation, relocation, removal or demolition of any historic landmark, any property within a historic district, any exterior architectural feature of a designated historic landmark, or a district's building, nor shall any person make any material change in the light fixtures, signs, sidewalks, fences, paving, or other exterior elements visible from a public right -of --way which affect the appearance and cohesiveness of any historic landmark or any property within a historic district, unless a Certificate of Appropriateness is granted. As used in this article, the term "exterior architectural feature" shall include, but not be limited to, architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to view from a public way. (b) General. The Commission shall render a decision on the Certificate of Appropriateness within ninety (90) days after the date on which the Commission's agenda is posted, except as provided for below. When considering applications for a Certificate of 0 d Appropriateness, the Commission shall consider several factors including, but not limited to: the purpose behind preserving the structure as a historic landmark, the state of repair of the building, the reasonableness of the cost of restoration or repair, the existing and/or potential usefulness of the building, including its economic usefulness, the character ofthe neighborhood, and all other factors it finds appropriate. Itv (c) Guidelines. When reviewing applications for a Certificate of Appropriateness, the Commission shall be guided by any adopted design guideline (e.g. Preservation Plan, and Architectural Standards), and where applicable, the following from The Secretary of the Interior's Standards for Rehabilitation of Historic Buildings. Any adopted design guidelines and Secretary of the Interior's Standards shall be made available to the property owners of historic landmarks or within historic districts. (a) Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object, or site and its environment. (b) The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. (c) All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. (d) Changes which may have taken place in the course of time are evidence of the history and development of building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. (e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible. (f) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. (g) The surface cleaning of structure shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic buildings materials shall not be undertaken. (h) Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project. (i) Contemporary design for alteration and addition to existing properties shall not be discouraged when such alteration and additions do not destroy significant historical architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. (j) Whenever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that is such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired. D. Procedures for Certificates of Appropriateness (a) Application. Prior to the commencement of any work requiring a Certificate of Appropriateness the owner shall file an application for such certificate with the Commission. The Certificate of Appropriateness required by this ordinance shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City. The application shall contain: 1. Name, address, telephone number of applicant, detailed description of the nature, character, and reason for the proposed work. 2. Location and historical photograph (if any) of the property and adjacent properties. 3. Elevation drawings of the proposed changes, if available. 4. Samples of materials to be used. 5. If the proposal includes signs or lettering, a scale drawings 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. 6. Any other information which the Commission may deem necessary in order to visualize the proposed work. 5 (b) 'Written Orders'. From and after the date on which the presiding officer of the Commission by `written order' directs that any building, structure, site or district within the City be placed upon the agenda for any special or regular meeting of the Commission or any committee thereof fpr any purpose including, but not limited to consideration or discussion on whether or not same should be designated an historic landmark and hence be issued a Certificate of Appropriateness, or from and after the date that the Commission or the City Council thereof approves or recommends an ordinance, or a Preservation Plan or any amendment of any existing Preservation Plan, or ordinance which embraces or includes same building, structure, or site within the city, whichever date first occurs, no building permit allowing the relocation, or the construction, reconstruction, restoration, alteration, rehabilitation, or demolition of any exterior architectural feature of any building or structure then existing included or embraced in whole or in part within the scope of such `written order' or such agenda or such Preservation Plan or such amendment thereof, as the case may be, and no permit allowing the relocation, demolition or removal of all or any part of any such building or structure, may be issued by any official of the city. Similarly, when building permits are neither sought nor required, no person or entity may commence any work whatsoever on same building or structure upon the issuance of a `written order'. It shall be the duty of the City and its officers to furnish the building official with a copy of such `written order' or such Preservation Plan, ordinance or amendments thereof, as the case may be, as promptly after the preparation thereof as is practicable. The failure to so furnish the building official with a copy or written notice thereof, however, shall not have the effect of validating any permit whatsoever issued in ignorance of any such written order or agenda. [n any instance in which any such permit may not be required, it shall be the duty of the Commission and its officers to give notice of any such `written order' or such Preservation Plan, ordinance or amendments thereof to the owner or owners of any building or structure included within the scope thereof, which notice shall be deemed complete when actually given, orally or in writing, to such owner or owners, or when written, notice thereof is deposited in the United States mail, postage prepaid, certified or registered, with return receipt requested, addressed to such owner or owners, whichever event first occurs. No person or entity to whom such permit is issued or who, if no such permit is required, commences to construct, reconstruct, significantly restore or alter, remove or demolish any exterior architectural feature of any such building or structure without actual or constructive notice of any such `written order', or such Preservation Plan or amendment thereof, as the case may be, as required by the provisions of this subsection, may be found guilty of a misdemeanor as provided in this article, but each such person or entity shall be amenable to the civil sanctions provided for by this article. Any permit issued to any person or entity from or after the date of any such `written order', or the approval or recommendation of such Preservation Plan, ordinance or amendments thereof, as the case may be, shall be null, void and ofno force or effect until the earliest of the two (2) events described below occur: l . A final and binding Certificate ofAppropriateness, asmay beappropriate, has been issued by the Commission; 2. The Commission fails to recommend that some part or all of such building or structure be designated an historic landmark or be included within an historic landmark or within a Preservation Plan, ordinance or amendments thereof within ninety (90) days following the posting date of the Commission's agenda. (c) Procedure for building permits, or when building permits are not sought: (1) When applying for a building permit for a designated historic landmark, including secondary buildings and landscape features, the applicant shall submit the required application for a Certificate ofAppropriateness to abuilding official. Any applicant may appear at a regular or special meeting of the Commission before submitting an application and may also consult with the Commission during the application review; (2) When, for whatever reason, a building permit is not sought to perform significant alterations on the exterior of a designated historic landmark including secondary buildings and landscape features, request for an application for a Certificate of Appropriateness shall be submitted to a building official. Such certificate must be granted before such work may be undertaken. Any applicant may appear at a regular or special meeting of the Commission before submitting an application and may consult with the Commission during the application review; (3) The Commission, upon ten (10) days' written notice to the applicant, shall hold a hearing on the application. Upon review ofthe application, ifthe Commission finds the proposed work (i.e. restoration, rehabilitation, alteration, new construction, 0 reconstruction) will (or will not) adversely affect any significant architectural or historical feature of the designated historic landmark, and is (or is not) appropriate and consistent with the spirit and purposes of this article and with the Department of the Interior Guidelines, it shall (or shall not) issue a Certificate of Appropriateness within ninety (90) days after the posting date oQhe Commission's agenda, and the building official shall so advise the applicant. Any changes in the application which are necessary to approval of same shall be included; Similarly, Lite Commission shall (or shall not) issue a Certificate of Appropriateness for Removal, Demolition or Relocation as may be appropriate, if it determines that the interest of preserving historical values, a structure should (or should not) be demolished or removed, or relocated to another specified location. If there is a desirable purpose to be served by preserving the structure, the Commission may, by majority vote, defer action to approve or disapprove the application in order to investigate alternatives to demolition, removal, relocation, or other matters including ordinary maintenance, neglect or omission of repairs (see section 3D, subsection 1-3 below). Action may be deferred for a specified period not to exceed 90 days beyond the initial 90-day period after the posting date of the Commission's agenda. After a decision is reached by the Commission disapproving an application for a Certificate of Appropriateness for Removal, Relocation or Demolition, a resubmittal of application for such a certificate will not be accepted for additional hearings within a twelve-month period from the date of final decision. (4) Ninety (90) day period. If no action has been taken by the Commission within ninety (90) days after the posting date of the Commission's agenda, a Certificate of Appropriateness shall be deemed issued by the Commission, except when, (1), the decision involves a Certificate of Appropriateness for Relocation, Removal, or Demolition, as prescribed above (see subsections 3D, c3); and (2), when the Commission sends a written recommendation for review by the city planner, who shall so advise the applicant (see section 3F below). (5) No significant change shall be made in application for any building permit after issuance of a Certificate ofAppropriateness without re -submittal to the Commission and approval thereof in the same manner as provided above. (d) Ordinary repair or maintenance: l . General. Ordinary repair or maintenance which does not involve significant changes to the exterior of architectural or historic value, style or general design is exempt from the provisions of this section. Designated historic landmarks shall be maintained to ensure the structural soundness of such landmark. Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a historic landmark which does not involve a change in design, material, or outward appearance. In -kind replacement or repair is included in this definition or ordinary maintenance. 2. Neglect: No owner or person with an interest in real property designated as a Landmark or included within an historic district shall permit the property to fall into a serious state ofdisrepair so as to result in the deterioration ofany exterior architectural feature which would, in the judgment of the Commission, produce a detrimental effect upon the life and character of the property itself, and the character of the historic district as a whole. Examples of such deterioration include: i. Deterioration or exterior walls or other vertical supports. ii. Deterioration of roof or other horizontal members. iit. Deterioration of exterior chimneys. iv. Deterioration or crumbling of exterior stucco or mortar. v. Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors. vi. Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. 3. Procedure: If a building official and/or the Commission finds that there are reasonable grounds to believe that a designated historic landmark is structurally unsound, the Commission shall issue a `written order', and notify the owner of record of the designated historic landmark of such fact. Upon the giving of ten (10) days' written notice to the owner of record of such designated historic landmark, the Board of Adjustment shall hold a public hearing to determine if the designated historic building is structurally 7 0 unsound or in imminent danger of becoming structurally unsound. The Board of Adjustment shall request a report and consider recommendation from the Commission. The Commission's report may, as appropriate, include evidence of omission of necessary repairs, and/or willful neglect, or evidence of hardship, etc. At thg conclusion of the hearing, if the Board of Adjustment finds that the designated historic building is structurally unsound or in danger of so becoming, the owner of record shall, within ninety (90) days of receipt of such notice, satisfy the Board of Adjustment that reasonable necessary repairs to safeguard the structural soundness of the landmark have been effected. A Certificate of Appropriateness shall be issued for that effect. Ifthe Board of Adjustment determines that the building is structurally unsound but there are valid reasons why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall forward to the Commission its recommendation, as to what action, if any, should be taken on the structure. E. Appeals Any applicant or the owner of any property located within three hundred (300) feet of the site of any landmark who is aggrieved by a ruling of the Commission, or the Board of Adjustment, concerning the same landmark under the provisions of this section may, within sixty (30) days after the ruling of the Commission, appeal in writing to the City Secretary. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the zoning ordinance of the City. The City Council may by a simple majority vote, uphold or overturn any ruling of the Commission made pursuant to this ordinance. F. Hardship Process (I) After receiving written notification from the Commission of the disapproval of a Certificate of Appropriateness, or where there are conditions under which the required preservation of a historic landmark would cause undue hardship on the owner or owners, an applicant may commence the hardship process within thirty (30) days. Also, applications for a Certificate of Appropriateness to include or exclude a property may be made when either continued exclusion or inclusion of property within the district would render it an undue hardship for reasonable continuation in its present exterior form. In evaluating undue hardship, the Commission may request the owner to document the value, rents, returns, tax burden and/or contracts, pertaining to the property, and other pertinent information it deems appropriate. (2) When a claim of hardship is made due to the effect of this ordinance, the owner must prove that: (a) • the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible; (b) no reasonable alternative use exists which allows the exterior of the building to remain in its original style. (c) the property cannot be adapted for any other use, including land use, whether by the current owner or by a purchaser, which would result in a reasonable return; and (d) 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 substantiated to the Commission. (4) Within ninety (90) days after the posting date of the Commission's agenda, the Commission shall hold a public hearing on the application, and issue a Certificate of Appropriateness, or, when land use changes aze recommended, issue a `written recommendation' for review by the city planner. The latter shall be governed generally by the City's zoning ordinance, and the following shall apply: (a) The Commission shall forward its written recommendation to the city planner with the request that a change of land use be set in motion. (b) The city planner shall give notice, follow publication procedure, hold hearings, and have the P & Z commission and the City Council make their decision in the same manner as provided in the zoning ordinance of the City. 3 e3 (c) The following specifications shall be taken by the applicant: (i) Fgel an application for change in land use, on a form provided by the City of Pharr, and the herein required listing and pre -addressed, stamped envelopes with the city planner. On the date of filing, the proposed public hearing date shall be set by the city planner. This date shall not be sooner than ten (10) working days after the filing date. (ii) Deliver to the city planner a listing of adjacent property owners; with their addresses, i.e., those property owners whose property is within three hundred (300) feet of the requesting party's property. (iii) Deliver to the city planner addressed, stamped envelopes for mailing to the herein above set forth adjacent property owners. These envelopes shall contain at a minimum a completed notice of public hearing on a form provided by the City of Pharr. Said form shall be completed by the requesting party. (5) In the event the Commission does not act within ninety (90) days after the posting date of the Commission's agenda, a Certificate of Appropriateness may be granted, except as provided in section 3 (D), subsection c(4) above. (6) All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the City clerk's office for public inspection. The Commission's decision shall state the reasons for granting or denying the hardship application. G. Enforcement All work performed pursuant to a Certificate of Appropriateness issued under this ordinance shall conform to any requirements included therein. It shall be the building official's duty to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the Certificate of Appropriateness, or upon notification of such fact by the Commission and verification by its designated officer, said officer 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. H. Penalties (1) It shall be unlawful to construct, reconstruct, significantly after or restore, or demolish any building or structure in an historic Landmark designation in violation of the provisions of this article. The city, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction, reconstruction, significant alteration or demolition, to restrain, correct or abate such violation, to prevent any illegal act, business or maintenance in and about such premises, including acquisition of the property. (2) Any person violating any provision of this article shall be deemed guilty of a separate offense for each day or portion thereof during which any violation hereof is committed, continued or is permitted, and upon conviction ofany such violation, shall be punishable by a fine not to exceed three hundred dollars ($300.00) per offense. 0 i�nation of Historic Di General. These provisions pertaining to the designation of historic district constitute a part of the Comprehensive Plan of the City. A. Definition. Districts which may be designated historic pursuant to section (3) of this ordinance, shall herein be referred to as historic districts and shall mean geographically definable areas possessing significant concentration, linkage or continuity of buildings, structures, sites, areas or lands which are united by architectural, historical, or cultural importance or significance. The Commission may recommend the designation of a district to the City Council if it: (a) Contains properties and an environment setting which meet one or more of the criteria for designation of a historical landmark; and, (b) Constitutes a distinct section of the City B. Restrictions. All buildings or structures located within a designated historic district, whether individually designated historic or not, are subjectto the regulations in this chapter. No person or entity shall construct, reconstruct, significantly alter, remove or demolish the exterior features of such buildings or structures until a Certificate of Appropriateness has been granted by the Commission, and subsequently, a corresponding permit issued by the building official. C. Boundaries. The boundaries of historic districts shall be drawn so as to include buildings, structures, sites, areas or lands which meet one (t) or more of the criteria set out in section (3) herein or which directly affect or relate to such buildings, structures, sites, areas or lands meeting one (1) or more of the criteria set out in section 3., provided that at least seventy-five (75) percent of the total structures within the boundaries are of architectural, historical or cultural importance or value. D. Establishment of Historic District. (a) Applications for a Certificate of Appropriateness to consider designation ofa historic district shall be based upon architectural, historical or cultural importance or value and accompanied by a report to the Commission containing the following information: (l) A list of representative buildings, structures, sites, areas or lands of importance or value located within the proposed district boundaries and a description of the particular importance or value ofeach representative building, structure, site, 119 area or land. (2) A map showing the boundaries of the proposed historic district drawn to a scale of one (1) inch equals six hundred (600) feet; and the to ation of each structure of importance or value identified by a number or letter designation. (3) A photograph or photographs of each representative building, structure, site, area or land. (4) A description of each representative building, structure, site, area or land showing the condition, color, and architectural style of each; and (a) Date of construction, if known; (b) Builder or architect, if known; (c) Chain of uses and ownership; (d) Material; (e) Construction technique; (0 Recognition by state or national government as architecturally or historically significant, ifso designated. (5) A description of the cultural importance or value of the representative building, structure, site, area or land, if cultural importance is the basis of the application. s (6) Any proposed restrictions of activities on and uses of property within the proposed historic district. (7) At such time that the proposed district is created, the above information is to be collected on each building, structure, site, area, or land within the district indicated on the boundary map as being of importance or value. (8) Consent in writing of seventy-five (75) percent or more of the landowners with property within the proposed historic district. (9) Consider the effect of the proposed district on existing and proposed utilities, streets and other public improvements. (b) Applications for a Certificate ofAppropriateness to increase the boundaries of a historic district may be made if one 1) or more of the following conditions are met. (2) When buildings, structures, sites, areas or lands of importance or value are related to the district and are requested by their owner for inclusion. (3) When facts previously undisclosed to or unknown by the Commission are revealed which indicate that a particular building or site is possessed of special architectural, cultural or historic importance or value. (c) Applications for a Certificate of Appropriateness to reduce the boundaries of an historic district may be made when one (I) or more of the following conditions have been met: (I) When it can be shown that a particular building, structure, site, area or land has no historic, architectural or cultural importance or value to the viability of the district and where its district by its exclusion, location is such as not to detract from the (2) When exclusion of buildings, structures, sites, areas or lands is necessary for major new development that would support either the architectural, historical, archaeological or cultural character or economic viaty of the district, provided such development does not detract from the district and the purposes of historic preservation. (3) When it can be shown that no degradation of the district, either physical, archaeological, historical, architectural, or cultural, will result from exclusion of property from the district. (d) Applications for a Certificate of Appropriateness to include or exclude a property may be made when either continued exclusion or inclusion of property within the district would render it an undue hardship for reasonable continuation in its present exterior form. 11 E. Historic District Preservation Ordinance. In evaluating applications for historic districts, the Commission shall consider section (3) on criteria for designation of historical landmarks and districts of this ordinance. If the Commission recommends the establishment of an historic district or districts, it shall cause to be prepared an historic district designation ordinance which shall contain, but shall not be limited to, the following: (I) A statement of purpose, setting it the Commission's reasons for recommending designation of the district; (2) A legal description of the boundaries of the district; (3) Findings that support the criteria required in section (3) of this ordinance, if applicable, that establish the particular importance or value of the district; s (4) Recommendations for the protection and preservation of the district referred to herein as the Preservation Plan. F. Preservation Plan. The Preservation Plan shall include but shall not be limited to the following: (1) CJassifrcation 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 ofstructures within each such district. (3) Sign regulations. The Commission may recommend sign regulations for each such district concerning size, 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 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) 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: a. Acceptable materials for new construction (e.g. stucco, masonry, metal and glass curtain); b. Appropriate architectural character, scale and detail for new construction; 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 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; f. Such other building regulations which would have impact on either new or existing building such as writing, fire 12 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. 13 APPROVED AND PASSED on first reading the Commissioners of the City of Pharr, Texas. ATTEST: Mary Munoz, City Clerk APPROVED AND PASSED on second reading the ATTEST: Mary Mufioz, City Clerk APPROVED AND PASSED on third reading the ATTEST: Mary Munoz, City Clerk c: HistOrd day of , 2001, by the Board of City 14 CITY OF PHARR Ricardo Medina, Mayor day of CITY OF PHARR Ricardo Medina, Mayor CITY OF PHARR Ricardo Medina, Mayor , 2001. 2001. 0 o DocumenTrame Page 1 of 2 CODE OF ORDINANCES City of.WICHIT.A FALLS, TEXAS. Codified through. Ord.+No. 42-2.002, enacted June 4, 2002..(Suolement No..3) Chapter 62 HISTORIC PRESERVATION* ARTICLE I...IN.GENERAL Sec. Purpose+ and_ declaration. of.policy. Sec. 62-1. Purpose and declaration of policy. (a) The city council finds and declares as a matter of public policy that the protection and use of historic landmarks is a public necessity and is required in the interest of the city's economic well-being and the education, culture and general welfare of the people. (b) The purposes of this chapter are to: (1) Identify, provide protection for, and perpetuate historic landmarks which represent distinctive and important elements of the city's, state's and nation's past, and develop appropriate settings for them. (2) Strengthen the economy of the city by stabilizing and improving property values. (3) Protect and enhance the quality of neighborhoods. (4) Protect and enhance the city's attraction to tourists and visitors, providing stimulus to business and industry. (5) Conserve resources and save on construction (6) Reinforce community identity and foster civic. pride in the appearance of the city and in the accomplishments of the past. (Code 1966, § 21w*160.6) Sec.62-2. Compliance. The building code administrator shall regularly inspect the exterior of landmarks and any work on a landmark and landmarks with pending designation status to ensure compliance with this chapter. If work is performed without or contrary to this chapter, the building code administrator shall immediately stop any work. Such order shall institute immediately an appropriate action or proceeding to prevent any further unlawful action, and the unauthorized work must be corrected to meet conditions established by the landmark commission. If the landmark's structural soundness and exterior preservation begins to deteriorate from neglect, the building code administrator shall notify the landmark commission and proper action shall be taken. (Code 1966, § 2-160.7.6) Sec. 62-3. Enforcement, legal procedure and penalties. It shall be the duty of the city to enforce this chapter. Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be guilty of a class C misdemeanor offense punishable by a fine not to exceed $500,00. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and each day that the violation is maintained shall constitute a separate offense. The application of such penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. No. 07-2001, §6, 1-2-2001) file://C:\Documents%20and%20Settings\JACK.SANGER\Desktop\whichita%ZOfalls.htm 11/7/2002 DocumentFrame Page 2 of 2 Sec.62-4. Feel. Fees shall be established for this chapter as provided in article VI of chapter 2 of this Code in the development fee ordinance adopted by the city council, which may from time to time adjust and revise the fees established, without amending this chapter. (Code 1966, § 2A60.7.8) Sec. 62-5. Designated landmarks and districts. The following are designated as city landmarks: (1) A historic consist of the following district, area: to be known as the Depot Square Historic District, is hereby established, to Beginning at a point at the southeast comer of Fifth Street and Indiana Avenue, said point also being the intersection of the east right-of-way line of Indiana Avenue and the south right-of-way line of Fifth Street; .Thence southerly along the east right-of-way corner of Lot 11, Block 139, original townsite; line of Indiana Avenue to the southwest Thence easterly along the south line of Lot 11, Block 139 to a point, said point being the west line of a 25-foot wide north -south alley in Block 139; Thence southerly along the west line of said alley, crossing Sixth Street and continuing in Block 152 to a point, said point being the southeast corner of Lot 10, Block 152; Thence westerly along the south line of Lot 10, Block 152 to a point of intersection with the east right-of-way line of Indiana Avenue; Thence southerly along said line crossing Seventh Street to a point of intersection with the south right-of-way line of Seventh Street, said point also being the northwest corner of Lot 14, Block 163; Thence easterly 75 feet along the north lot line of Lot 14 to in point in the north lot line of Lot 14, Block 163; Thence southerly 100 feet to a point in the south line of Lot 13, Block 163, said point being 75 feet east of the southwest corner of said lot; file://C:\Documents%20and%20Settings\JACK.SANGER\Des�Ctop\whichita%20falls.htm 11/7/2002 DocumentFrame Page 1 of 2 CODE OF ORDINANCES City of.WICHITA FALLS., TEXAS Codified through_ Ord..No. 42-2.002, enacted June 4, 2002..(SuMlement No..3) Chapter. 62 HISTORIC PRESERVATION* ARTICLE I,..IN..GEN.ERAL Sec. 62-7, Application for and, review_ of .exterior alterations_ to landmarks. Sec. a Application for and review of exterior alterations to landmarks. (a) Application to the landmark commission shall be made prior to any alteration to the exterior of any part of a landmark or prior to the construction, reconstruction, demolition, removal, or relocation, except routine maintenance of any site within a designated historic district. (b) The application shall be reviewed at a public hearing; and a decision for approval, continuance, or disapproval shall be made within 30 days after review by the landmark commission. An application for demolition, removal, or relocation must be accompanied by an application to remove the designation as a landmark. (c) After 30 days following the date of review of an application by the landmark commission, if no 'decision has been rendered or any action taken by the landmark commission, approval shall be deemed granted, and a building permit, if required, may be issued. (d) Approval which has been granted under this section shall expire six months from the date of issuance if authorized work has not begun and after one year if not completed. The landmark commission may, however, renew an approval if application is made within 30 days of its expiration. (e) Landmarks must be maintained to ensure their structural soundness and III ensure their exterior preservation. Ordinary repair and maintenance is exempt from review by the landmark commission and this section, as are emergency measures authorized by the building inspection division to protect the health, safety, and public welfare. The term 'ordinary repair and maintenance" is defined as any work for which a building permit is not required, where the purpose of the work is to correct any damage or deterioration, and where such work will not noticeably change the exterior appearance of any part of the landmark. (f) . An application shall be considered submitted when the landmark commission begins deliberations on the project. The need for additional information shall extend the application submittal period for an additional 30 days. Should the information not be forthcoming during that period, the application shall be considered null and void. (Code 1966, § 2-160.7.3; Ord, No. 071=2001, § 21 1-2-2001) Sec. 62-8. Local historic preservation officer. (a) Creation. There is hereby appointed a local historic preservation officer for the city. (b) Appointment. The city manager shall appoint an existing, qualified city employee as the city local historic preservation officer. '(c) Functions. (1) Serve as the local preservation contact and/or liaison for the city, the community, the state historical commission, and the National Park Service. (2) Submit copies of landmark commission meeting minutes and activities to the state historical commission. (3) Provide resource materials and information to all landmark commission members to better assist them in their dutieo . http://fws.municode.com/CGI-BIN/om isapi.dll?infobase=12690.nfo&record={1BD3}&so... 11/7/2002 DocumentFrame Page 2 of 2 (Ord. No. 90-2001;j'§ 11 9-18-2001) Secs.62-9--62-35. Reserved. ARTICLE II. LANDMARK COMMISSION* *Cross references: Boards, committees and commissions, § 2-101 et seq. Sec. 62-36. Created; composition; qualifications; compensation. (a) There is created a landmark commission composed 'of nine members, eagh of whom shall be a city resident, appointed by the city council. 41 . (b) Of the nine members, one shall be a licensed real estate broker or appraiser, one shall be a member of the planning and zoning commission, one shall be a member of the Wichita County Heritage Society, one shall be a member from each or any historic district that shall either own property or reside within the district, two shall be licensed or have expertise in the field of architecture, and three shall be members at - large. (c) All members should have knowledge and experience in one of the following categories: architectural, economic, cultural, archaeological, or historical development of the city which prepares them for carrying out their duties on the commission, and they shall serve without compensation. (Code 1966, § 2-160.7.1(a); Ord, No. 07-2001, § 21 1-2-2001) Sec. 62-37. Terms. Appointments shall be for a term of three years, and thereafter until their successors are appointed. (Code 1966, § 2A 60.7.1(b); Ord. No. 07-2001, § 31 1-2-2001) Sec.62-38. Proceedings. http://fws.municode.com/CGI-BIN/om isapi.dll?infobase=12a90.nfo&record={1BD3}&so... 11/7/2002 DocumentFrame Page 1 of 2 CODE OF ORDINANCES City of.W.ICHITA FALLS., June 4, 2002. (Suolement No..3) Chapter 62 HISTORIC PRESERVATION* ARTICLE I,..IN._GENERAL Sec. 62-6, Appeal. Sec.62-6. Appeal. TEXAS. Codified through. Ord..No. 42-2002, enacted Any person who is aggrieved by a ruling or action of the landmark commission under this chapter may, within 30 days after the ruling, appeal to the city council by filing written notice with the city clerk. (Code 1966, § 2A60.7.5) Sec. 62-7. Application for and review of exterior alterations•to-landmarks. (a) Application to the landmark commission shall be made prior to any alteration to the exterior of any part of a landmark or prior to the construction, reconstruction, demolition, removal, or relocation, except routine maintenance of any site within a designated historic district. (b) The application shall be reviewed I at a public hearing; and a decision for approval, continuance, or disapproval shall be made within 30 days after review by the landmark commission. An application for demolition, removal, or relocation must be accompanied by an application to remove the designation as a landmark. (c) After 30 days following the date of review of an application by the landmark commission, if no decision has been rendered or any action taken by the landmark commission, approval shall be deemed granted, and a building permit, if required, may be issued. (d) Approval which has been granted under this section shall expire six months from the date of issuance if authorized work has not begun and after one year if not completed. The landmark commission may, however, renew an approval if application is made within 30 days of its expiration. (e) . Landmarks must be maintained to ensure their structural soundness and to ensure their exterior preservation. Ordinary repair and maintenance is exempt from review by the landmark commission and this section, as are emergency measures authorized by the building inspection division to protect the health, safety, and public welfare. The term 'ordinary repair and maintenance" is defined as any work for which a building permit is not required, where the purpose of the work is to correct any damage or deterioration, and where such work will not noticeably change the exterior appearance of any part of the landmark. (f) An application shall be considered submitted when the landmark commission begins deliberations on .the project. The need for additional information shall extend the application submittal period for an additional 30 days. Should the information not be forthcoming during that period, the application shall be considered null and void. (Code 1966, § 2-160.7.3; Ord. No. 07-2001, § 21 1-2-2001) Sec. 62-8. Local historic preservation officer. (a) Creation. There is hereby appointed a local historic preservation officer for the city. (b) Appointment. The city manager shall appoint an existing, qualified city employee as the city local historic preservation officer. (c) Functions, http://fws.municode.com/CGI-BIN/om isapi.dll?infobase=12090.nfo&record={1BD0}&so... 11/7/2002 DocumenTrame Page 2 of 2 (1) Serve as the local preservation contact and/or liaison for the city, the community, the state historical commission, and the National Park Service. (2) Submit copies of landmark commission meeting minutes and activities to the state historical commission. (3) Provide resource materials and information to all landmark commission members to better assist them in their duties. (Ord. No. 90-2001, § 1, 9-18-2001} Secs.62-9-62-35. Reserved. ARTICLE II. LANDMARK COMMISSION* *Cross references: Boards, committees and commissions,. § 2-101 et seq. Sec. 62-36. Created; compositign; qualifications; compensation. (a) There is created a landmark commission composed of nine members, each of whom shall be a city resident, appointed by the city council. (b) Of the nine members, one shall be a licensed real estate broker or appraiser, one shall be a member of the planning and zoning commission, one shall be a member of the Wichita County Heritage Society, one shall be a member from each or any historic district that shall either own property or reside within the district, two shall be licensed or have expertise in the field of architecture, and three shall be members at - large. (c) All members should have knowledge and experience in one of the following categories: architectural, economicI cultural, archaeological, or historical development of the city which prepares them for carrying out their duties on the commission, and they shall serve without compensation. (Code 1966, § 2-1600741(a); Ord, No. 07-2001, § 21 1-2-2001) Sec. 62-37. Terms. http://fws.municode.com/CGI-BIN/omisapi.dll?infobase=12090.nfo&record={1BD0}&so... 11/7/2002 �: 0 DocumentTrame Pagel of 2 THE CODE OF_CIVILAND ..CRIMINAL ORDINANCES City.of.IRVING, TEXAS Codified through Ord. No. 7973, enacted March 21, 2002..(Supplement No._ 19, Rev.) (Includes Supp.. No, 15, Rev.) Chapter 16D IRVING PRESERVATION AND REDEVELOPMENT BOARD Chapter 16D IRVING PRESERVATION AND REDEVELOPMENT BOARD § 16D-1. Irving Preservation and Redevelopment Board. .�_ (a) There is established the Irving Preservation and Redevelopment Board, which shall consist of thirteen (13) voting members, but which shall be reduced to nine (9) voting members as provided in subsection 16D-2(b)(4). The officers of the board shall consist of a chair, vice -chair and secretary. The voting members of the board shall elect one (1) person from their group as chair, one (1) as vice -chair, and one (1) as secretary. , '(b) Ex officio nonvoting members of the board shall be: One (1) representative from the Irving Economic Development Foundation; One (1) representative from the Irving Chamber of Commerce; One (1) representative from the Irving Downtown Association; and One (1) representative from the Irving Heritage Society. (Ord. No. 6147, § 1, 7-16-92; Ord. No. 7187, § 1, 1-8-98; Ord. No. 7573, § 1, 11-18-99) § 16D-2. Same --Qualifications and appointment of members; term of office and removal of members; vacancies. •(a) Qualifications. All voting members of the board created by this chapter shall be citizens of the city. "Citizen" means a resident of the City of Irving who is eligible to vote in city elections. (b) Appointment of members; vacancies. (1) All voting members of the board shall be appointed by the city (2) Regular appointments shall be made on the date of the first official city council meeting in November, and the expiration date of each term of office shall fall on the date of the first official city council meeting in November during the year in which the term shall expire. (3) Members of the board shall serve at the will of the city council and without compensation. Any voting member of the board may be removed from office by the city council for any cause deemed by the city council as sufficient for removal or for no cause. (4) The first four vacancies in the voting membership of the board shall not be filled by the city council. As the vacancies occur, the four unfilled positions shall be deemed to be deleted automatically from this chapter until the board consists of nine (9) voting members and four (4) ex officio, nonvoting members. '(c) Term of office; nonvoting members, http://fws.municode.com/CGI-BIN/om isapi.dll?infobase=10443.nfo&record={1D67}&so:... 11/7/2002 DocumentFrame Page 2 of 2 (1) All voting members of the board shall serve for a period of two (2) years, unless sooner removed. (2) The preservation and redevelopment board's nine (9) voting members shall each occupy a place, such places being numbered 1, 21 31 41 51 61 71 8, and 9 respectively. The terms of office for places 1, 33 5, and 7 shall expire on odd -numbered years and the terms of office for places 2, 41 61 and 8 shall expire on even -numbered years. (3) The nonvoting ex officio members of the board shall be appointed by the Irving Preservation and Redevelopment Board. (4) Voting members of the Irving Preservation and Redevelopment Board shall serve no more than three (3) full consecutive terms. When a member is appointed to complete a partial term, that partial term shall not count in computing the three (3) full terms. (Ord. No. 6147, § 11 7A6-92; Ord. No. 6785, § 11 5-9-96; rd. No. 7187, § 1, 1-8-98; Ord. No. 7573, § 1, 11- 18-99) § 16D-3. Same --Powers, duties and responsibilities. •(a) The preservation and redevelopment board shall be responsible to the city council and shall have the following powers, duties and responsibilities: http://fws.municode.com/CGI-BIN/om isapi.dll?infobase=10943.nfo&record={1D67}&so:... 11/7/2002 DocumentFrame Page 1 of 2 THE CODE OF CIVIL AND CRIMINAL ORDINANCES City.of IRVING,.TEXAS Codified through Ord. No. 7973, enacted Mar6h 21, 2002..(Supplement No..19,. Rev.) (Includes Supp.. No. 15, Rev.) Chapter 16D.IRVING PRESERVATION AND. REDEVELOPMENT BOARD § 16D-3...Same--Powers, duties.and responsibi.lities._ § 16D=3. Same --Powers, duties and responsibilities. .(a) The preservation and redevelopment board shall be responsible to the city council and shall have the following powers, duties and responsibilities: (1) Advise the city council and staff in all matters pertaining to preservation and redevelopment. (2) Recommend for approval the annual budget, program of work and progress report for presentation and adoption by city council. (3) Monitor programs and progress of all preservation and redevelopment efforts including the Irving Downtown Development Program and provide reports to the city council. , (4) Cooperate with other civic, historical, neighborhood and business groups on all projects and programs pertaining to preservation and redevelopment efforts. (5) Review and make recommendations as appropriate on all land use and zoning requests, public works projects, parks projects and other projects, ordinances, and regulations specifically concerning downtown Irving. (6) Recommend any programs and projects conducive to the attainment of the board's purpose and goals. (7) To employ an executive director who shall be the chief administrator of the Irving Preservation and Redevelopment Board and responsible for carrying out the policies of the Irving Preservation and Redevelopment Board and who shall have the authority and responsibility to employ and supervise a deputy executive director or equivalent and such other personnel as may be necessary to carry out the policies of the board. In the event of the temporary inability of the executive director to carry out his or her duties there shall be an acting executive director as specified in the organizational chart or in the adopted policies. The employment of the executive director and other personnel shall be at will and the director and employees shall be governed by the rules, regulations and policies of the city governing noncivil service personnel, including, but not limited to salary, personnel, and other policies. Employees below the level of executive director may appeal personnel decisions to the city manager whose decision shall be final. (8) Other duties as directed by city council. (Ord. No. 6147, § 11 7A6-92; Ord, No. 7187, § 1, 1-&98; Ord. No. 7308, § 1, 8�6-98; Ord. No. 7573, § 11 11-18-99) § 16D-4. Budget appropriations to board; monthly statements; audit of expenditures and project approval. (a) The city council in the regular budget of the city may provide operating funds from the city's general fund or from the collection of hotel/motel occupancy tax only for such uses as allowed by law to the Irving Preservation and Redevelopment Board. .(b) The board shall prepare and submit two (2) budgets to the city council in the format directed by the city council or its designee. The city council may amend the budgets at any time by its own actions. (1) The first budget shall itemize any expenditures which use hotel occupancy tax funds. Said funds shall be used only as allowed by law, http://fws.municode.com/CGI-BIN/om isapi.dll?infobase=10943.nfo&record={1D83}&so:... 11/7/2002 DocumenTrame Page 2 of 2 (2) The second budget shall itemize any expenditures from the city's general fund. (3) The funds in the two (2) budgets shall be kept entirely separate. Funds from one (1) budget shall not be used for expenditures in the other budget. (c) The board shall submit monthly statements to the city showing all expenditures and balances. The director of financial services or his or her designee may audit the books and records of the board at any time. (d) Before funds are committed or expended, the city council must first approve the project. (Ord. No. 6147, § 1, 7-16-92; Ord. No. 7187, § 1, 1-8-98; Ord. No. 7573, § 1, 11A8-99) § 16D-5. Reports by board; all funds to be deposited in city depository. (a) The Irving Preservation and Redevelopment Board shall make financial reports as directed by either the city council or the director of financial services, in the format set forth by the director of financial services. •(b) All funds within the control of the Irving Preservation and Redevelopment Board shall be deposited in the city depository bank and invested pursuant to the terms of the city investment policy. (Ord. No. 6147, § 1, 7-16-92; Ord. No. 71,87, § 1, 1-8-98; Ord. No. 7573, § 1, 11-18-99) § 16D-6. Title to property purchased with funds. The title to all property purchased shall be in the city. (Ord. No. 6147, § 1, 7-16-92; Ord. Mn 7187, § 1, 1-8-98; Ord. No. 7573, § 1, 11-18-99) Chapter 16E PUBLIC ART PROGRAM* *Editor's note: Ord. No. 7535, amended Chapter 16E in its entirety and redesignated the chapter as "Public Art Program." Formerly Chapter 16E was entitled "Percent For Art Funding Program" and derived from Ord. No. 7438, § 1, adopted Mar. 4, 1999& http://fws.municode.com/CGI-BIN/omisapi.dll?infobase=10943.nfo&record={1D83}&so:... 11/7/2002 DocumentFrame Page 1 of 2 Part l ZONING ORDINANCE N0. 1144 Sec,. �2-32f, _Downtown, deyelopment.district. Sec. 52-32f. Downtown development district. •(a) Purpose. This district is intended to establish a unique set of standards and guidelines to encourage development and redevelopment of the historic Irving downtown and the surrounding area. (b) Land use plan. The attached land use plan establishes four (4) specific subdistricts within the downtown development district, as shown on the attached map. All development within the downtown 'development district shall comply with the requirements of the specific subdistrict within which the property is located. The land use plan is incorporated into this section and made a part hereof for all purposes as if fully set out herein. Editor's note --Said attached map is not set out but is on file with the City Clerk. ,� T ' (1) Downtown pedestrian subdistrict. Purpose. This area is intended to focus primarily on retail, restaurant and entertainment uses, and to encourage pedestrian traffic. a. Principal uses. The following uses shall be permitted as principal uses: — 1. Any use permitted in a P-0 professional office district or C-N neighborhood commercial district, excluding pawn shops, tattoo parlors, gasoline service stations, drive through only banking facilities, and drive through restaurants. 2 3. 4. 5. . 6. Motion picture theater within an enclosed building. Residential uses above the first floor. Sidewalk cafes, restaurants with covered or uncovered open air seating. Indoor or outdoor commercial amusements, excluding bingo parlors. Public or commercial parking garage, parking lot. Public or private parks. Museum. b. Accessory uses. The following uses shall be permitted as accessory uses: 1. Private garage, provided that garages containing more than two (2) parking spaces shall not face, or be located within twenty-five (25) feet of, Rock Island Road, Main Street, Irving Boulevard or Second Street. 2. Provisions for parking of automobiles provided that such provisions within sixty (60) feet of a developable lot in an R district shall be separated from said lot by a blind fence or wall at least six (6) feet high. 3. Mechanical equipment no nearer than one hundred twenty (120) feet to any developable lot in a single family district and either located so as not to be seen from a public street or screened by a blind fence or wall to a maximum height of six (6) feet. All roof -mounted equipment or other roof objects that rise above the roof line shall either be housed in an enclosed building of the same character as the primary structures or be screened totally from view from any adjacent street. ^. Garbage storage screened on three sides with a masonry fence or wall and no nearer than thirty (30) feet to any developable lot in a single family district. http://fws.municode.com/CGI-BIN/om� isapi.dll?advquery=preservation&aquery=preservat... 11/7/2002 DocumentFrame Page 2 of 2 c. � Parking regulations. Parking for uses allowed in this subdistrict shall be provided as follows: 1. No off-street parking shall be required for retail, restaurant or office uses located on the ground level. Commercial amusements shall provide parking either ^n-site or within five hundred (500) feet of the subject property at a ratio of one (1) space for each one hundred (100) square feet of floor area. Motion picture theaters shall provide parking either on -site or within five hundred (500) feet of the subject property a ratio of one (1) space for each ten (10) seats. 2. If off-street surface parking is provided, then it shall be screened from public streets or parks by either solid landscape material, a masonry wall or a berm to a minimum of thirty (30) inches in height, provided it does not block visibility from the driveway. 3. Parking garages may not face on a public street, however, they may face a public alley. .3 f ._ d. Area regulations. The following minimum shall be required: 1. Depth of required front yard: None, except that a principal building which faces on Rock Island Road, Main Street, Irving Boulevard, or Second Street may not be set back more than ten (10) feet. 2. Depth of rear yard: None. 3. '4. Width of side yard: None. Width of lot: Twenty-five (25) feet. Depth of lot: Fifty (50) feet. http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=preservation&aquery=preservat... 11/7/2002 DocumentFrame CODE OF ORI.DINANCES City of. FARMERS. BRANCH, TEXAS Codified through Ord. No March. 4, .2002. (Supplement. No, 1.). Chapter 2,ADMINISTRATION* ARTICLE II,. BOARD.S,.COMMITTEES, AND COMMISSIONS* DIVISION 4. HISTORICAL PRESERVATION AND RESTORATION BOARD* ... .......... . DIVISION 4. *Cross references: Zoning, ch. 2649, .enacted PRESERVATION AND RESTORATION BOARD* Sec. 2-101. Creation; composon; membership generally; removals. There is hereby created a preservation and restoration board of the city. Such board shall consist of seven regular members and two alternate members appointed by the city council. The alternate members shall serve in the absence of one or more of the regular members when requested to do so by the chairperson of the preservation and restoration board, or in his absence by the vice - chairperson or designated chairperson. Each member shall be a resident citizen and a qualified voter of the city. The regular and alternate members are required to attend all meetings of the board. Members of the board may be removed from office by the city council for failure to attend three consecutive meetings of the board without first being excused by the board. (Ord. No. 1369, art. II, § A, 11-16-1981; Ord. No. 1373A, § 1, 2-1-1982; Ord. No. 1973, § 1, 2-3- Sec. 2-102. Qualifications of members; terms of office; vacancies. (a) The members of the preservation and restoration board shall be residents of the city, and shall be appointed for staggered terms commencing as follows: . (1) Four members shall be appointed for initial terms of two (2) Three members shall be appointed for initial terms of one (b) All members shall subsequently be appointed for terms of two years, each commencing with the end .of the initial terms of each member. All initial terms shall commence upon appointment. Vacancies in the board shall be filled by a majority vote of the entire city council, and such appointee is to serve for that portion of the unexpired term remaining for the vacancy being filled. (Ord. No. 1369, art. II, § B, 11-16-1981; Ord, No. 1373A, § 11 2-1-1982; Ord, No. 2653, �§ 1, 1-21- Sec. 2-103. Removal from office. The city council may, upon the affirmative vote of a majority of the entire city council, remove the members of the board as provided for in section 2.09 of the city Charter. Any member who fails to attend three consecutive meetings of the board, without being properly excused, will in fact have resigned from the board. The term "being properly excused" will consist of contacting the board chairman in advance of scheduled meeting. The board will then request the city council to appoint a replacement for the balance of the unexpired term of such resigning member. (Ord. No. 1369, art. II, § C, 11-16- Sec. 2-104. Organization; meetings; quorum; vote. http://fws.municode.com/CGI-BIN/omisapi.dll?headingswithhits=on&hitsperheading=one... 11/7/2002 DocumentFrame Page 2 of 2 The members of tli� preservation and restoration board shall organize and select their officers and shall hold meetings at stated times on a monthly basis, and shall designate the time and place of such meetings. The board shall adopt its own rules of procedure and shall keep a record of its proceedings. A majority of the board should constitute a quorum for the transaction of business. The chairman of the board shall vote only in case of a tie. (Ord. No. 1369, art. I I, § D, 11-16- Sec. 2-105. Compensation; expenditures; debts. The members of the preservation and restoration board shall serve without compensation, and when it is deemed necessary by such board to incur any expenses in performing the duties assigned to it, an estimate of such proposed expenses shall be submitted to the city council. No debts of any kind or any character shall be made or incurred by the board, or anyone acting for such board, unless expenditures have been specifically authorized by the city council prior to the time such obligations are incurred. �s (Ord. No. 1369, art. II, § E, 11-16- Sec. 2-106. Duties and responsibilities. The preservation and restoration board is created to advise the city council on policies and programs relative to the preservation and restoration sites. The board shall generally have the following duties and responsibilities: (1) Act in an advisory capacity to the city council in matters pertaining to restoration of buildings ®and make recommendations to the city council regarding appropriate uses of the buildings, the preservation and restoration sites, and funding for projects within the preservation and restoration sites. (2) Create and stimulate public interest in the preservation and restoration sites and its programmed activities by the city. (3) Prepare and submit an annual budget for the acquisition of items for display within structures within the preservation and restoration sites. (4) Make recommendations concerning the selection of outside consultants such as a historian architect, a landscape architect and a curator. (5) Make recommendations to the city council concerning the preservation and restoration sites and its programs so that it is consistent with the city's overall park plan. (6) Make periodic reports to the city council concerning the work of the board, and such special reports as may be requested by the city council. http://fws.municode.com/CGI-BIN/om isapi.dll?headingswit�ihits=on&hitsperheading=one... 11/7/2002 DocumentFrame Page 1 of 2 CODE OF ORDINANCES City of FARMERS.BRANCH, TEXAS Codified through Ord,, No. 2649,_enacted March. 4, 20r72. (Supplement. No. 1). Chapter 2,ADMINISTRATION* ARTICLE II. BDARl7.S,.COMMITTEES, AND COMMISSIONS* DIVISION 4. HISTORICAL PRESERVATION AND RESTORATION BOARD* Sec. 2-106..Duties and responsibilities. (7) Carry out and pertorm such other matters as the city council may deem beneficial to the (8) Act in an advisory capacity to the city council in all matters pertaining to the preservation and restoration sites. (Ord. No. 1369, art. II, § F, 11-16- Sec. 2-107. preservation and restoration sites. (a) preservation and restoration sites are those properties along Farmers Branch Creek and .Rawhide Creek, north and south of Farmers Branch Lane, west of Ford Road and acquired with funds derived from the hotel/motel occupancy tax authorized by V.T.C.A., Tax Code § 351.001 et seq. These properties are as follows: , (1) Wilson, approximately eight acres in size with 1856 Gilbert (stone) House and McKee addition and large oak trees as features. (2) Dodson, approximately eight acres with 1936 wood frame house, garage, and smoke house and wooded area as features. (3) Additional buildings include: 1840s Log Culture Area (log house and single crib barn); 1877 Farmers Branch Depot; 1890s Wooden Caboose; 1885 Queen Anne Victorian Cottager; 1891 Church; 1900 Farmers Branch School. (4) Collins, approximately 1.4 acres in size with large trees as (5) Ferguson, approximately 3.25 acres in size and very heavily wooded area as a (b) This designation includes buildings and structures currently located on sites described in subsection '(a) of this section and any structures that may be placed on such sites in the future and used for purposes, such as a museum. (Ord. No. 1369, art. I, § B, 11-16- Sec. 2-108. Acceptance of material donations. The preservation and restoration board, jointly with the city manager, or designated staff representative, may accept donations that do not exceed $500.00, as long as such donation is free and clear of any outstanding debt, undue maintenance or transportation cost. (Ord. of 3-12-1984, § Secs. 2-109-2-130. DIVISION 5. METROCREST HOSPITAL AUTHORITY* *Cross references: Streets, sidewalks and other public places, ch. .� http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 LL� n TopFrame Page 1 of 2 Lewisville: Code of Ordinances Email Us i Refresh Code Print ! F.A.Q. j Help n Single 1�'ot tl Searc.li: Search .jrlvaiiced Seaive r g1101V Table of Contents 'A iews fi*antes Previotts paf2e '" Previous :Mtsitch Aicatehes: 7 Next Match r rm-- I Nest Pa<lye CODE OF ORDINANCES City of. LEWI$VILLE,. TEXAS. Codified_through.Ord,. No, 2797-04-2002, .enacted April 15, 2002, (Supplement No. 12) Chapter 2 ADMINISTRATION* ARTICLE (ll. BOARDS, COMMITTEES,. COMMISSIONS' DIVISION 2. COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY COMMITTEE* Sec. 2-55. Powers and duties. (Ord. No. 2183-12-96, § 5112A6- Sec.2-56. Subcommittees. (a) Appointment. The committee, by a majority vote of the quorum present at any regular or special meeting, may appoint such members and citizens, as deemed necessary, to subcommittees to serve the purpose of the committee. '(b) Termination. The subcommittees may be terminated in the same manner as they are (Ord. No. 2183-12-96, RR 12-160W DIVISION 3. OLD TOWN REVITALIZATION COMMITTEE* *Editor's note: Ord. No. 2604-9-2000, §§ 1-6, adopted Sept. 18, 2000, did not specifically amend the Code. Hence, it's inclusion as division 3, sections 2-57-2-62, was at the discretion of the editor. Sec. 2-57. Old Town revitalization committee. The Old Town revitalization committee shall consist of nine members appointed by the city council. Members shall be appointed by places numbered 1 through 9. Places 1, 3, 5, 7, and 9 shall be appointed odd -numbered years, and places 2, 41 6, and 8 shall be appointed in the even -numbered years so that memberships will be staggered. Terms of office will be for a period of two years, with terms expiring on June 30th. Initially, places 1, 3, 5, 7, and 9 will be appointed to one-year terms; and places 2, 4, 6, and 8 will be appointed to full two-year terms to maintain staggered positions. (Ord. No. 2604-9-2000, § 11 9-18- Sec.2-58. Qualifications. '(a) Members shall be quaed voters of the '(b) Members shall serve without •(c) In the event of a vacancy, the city council shall appoint a member to serve for the unexpired term. Any member may be removed by the city council for cause. http*Hfws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 TopFrame Page 2 of 2 (d) The nine members of the Oid Town revitalization committee shall consist of two Old Town home owners, two Old Town commercial property owners, one Old Town business owner, one architect, one civil engineer, and two at -large positions, with one of the at -large positions being a resident of another area of the city. (Ord. No. 2604009-2000, § 2, 9-18- Sec.2-59. Meetings. '(a) Regular meetings: The Old Town revitalization committee shall meet on a monthly .(b) Specia/ meetings: The Old Town revitalization committee shall meet for a special meeting if called by the chairman or by written notice sent to the chairman or vice chairman by five members of the committee. '(c) A majority of the members shall constitute a (d) City staff support to the committee will be as assigned by the city; (Ord. No. 2604-9-2000, § 3, 9-18- Sec. 2-60. Officers. The Old Town revitalization committee shall elect yearly the following (1) Chairman: The chairman shall preside at all meetings, and shall perform such other duties as usually pertain to his or her office or as may be instructed by the committee. (2) Vice-chairman: The vice-chairman shall perform the duties of the chairman in his or her absence. (Ord. No. 2604-9-2000, § 4, 9-18- Sec. 2-61. Powers and duties of the committee. 1)i"vt'If) iSC - http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 �-I. Woftr� DocumentFrame CODE City of FORT WORTH,._TEXAS Codified through Ord. No..15254, adopted Sept. 24, 2002._ (Supplement No._ 47;. Update.1) APPENDIX A ZONING REGULATIONS'` CHAPTER 2. REVIEW BODIES Sec. 2,102. ,Scenic preservation. comm fission. Page 1 of 2 5. Designated area: An area that is designated as a local historic and cultural landmarks district, conservation district, recorded Texas historic landmark or state archeological landmark or is listed in the National Register of Historic Places. 6. Views and vistas: Dramatic views, horizon lines, urban scenes and --7. Gateways: is a primary gateway to the 8. Connecting routes: Routes that connect scenic areas even though the route itself is of marginal value. .�- 9. Parks: City, state or federal parks and recreation areas or other areas that are maintained by the city parks and community services department. 10. Natural features: represents an example of a natural feature F� b. c. 'd. Streams, lakes and Unusual geological Recreational areas Outstanding areas of (Ord. No. 13896, 10-12- FTiTI Sec. 2.103. Historic and cultural landmarks commission. 'A. •Creation and appointment. 1. There is hereby created the historic and cultural landmarks commission to be composed of nine members who are qualified electors of the City of Fort Worth. 2. The city council shall appoint representatives who have demonstrated their civic interest, general knowledge of the community, independent judgment and availability to prepare for and attend meetings. Whenever feasible, five appointees should be practicing professionals from the fields of architecture, landscape architecture, urban planning, real estate or law. The development director, the planning director and the building official shall be ex officio, nonvoting members of the historic and cultural landmarks commission. 3. All historic and cultural landmarks commission members, regardless of background, shall have a known and demonstrated interest, competence or knowledge in historic preservation and planning within the City of Fort Worth. 4. As nearly as is reasonably possible, the historic and cultural landmarks commission members as a whole shall fairly represent the ethnic makeup of the City of Fort Worth. B. Terms of office. Historic and cultural landmarks commission members shall serve for a term of two years. Newly appointed members shall be installed at the first regular meeting after their appointment. The 'members shall serve in places numbered 1 through 9. Members appointed in odd numbered places shall serve terms which expire October 1 of odd -numbered years. Members appointed to even -numbered places shall serve terms which expire on October 1 of even -numbered years. http://fws.municode.com/CGI-BIN/om� isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 2 of 2 C. Organization. The chairman and vice chairman of the historic and cultural landmarks commission shall be elected tj� and from the members of the historic and cultural landmarks commission. The historic •and cultural landmarks commission shall meet at least monthly if business requires. Special meetings may be called at any time by the chairman or on the written request of any two historic and cultural landmarks commission members. D. Meetings and quorum. Five members of the historic and cultural landmarks commission shall constitute a quorum for the conduct of business. Five affirmative votes shall be required to decide any 'issue before the historic and cultural landmarks commission. The members of the historic and cultural landmarks commission shall regularly attend the meetings and public hearings of the historic and cultural landmarks commission and shall serve without compensation. E. Attendance reports. Each month a report shall be submitted to the city council showing the 'attendance of each member of the historic and cultural landmarks commission, with notation of members who have been absent from three consecutive meetings. 'F. Powers and duties. The historic and cultural landmarks commission shall be empowered 's 1. Prepare rules and procedures as necessary to carry out the business of the historic and cultural landmarks commission, which shall be ratified by the city council. —a2. Create committees from among its membership to advise the historic and cultural landmarks commission in carrying out the purposes of this zoning ordinance. 3. Administer the city's certified local government —d. Maintain written minutes which record all actions taken by the historic and cultural landmarks commission and the reasons for such actions. 5. Increase public awareness of the value of historic, cultural, architectural and archeological preservation by developing and participating in public education programs. 6. Conduct ongoing surveys to identify and list significant ,cultural, architectural and archeological resources. 7. Make recommendations for the employment of professional consultants as necessary to carry out the duties of the historic and cultural landmarks commission. 8. Maintain, revise and amend the historic resources http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 1 of 2 CODE.City of FORT WORTH,_.TEXAS Codified.through Ord. No. _15254, adopted Sept. 24,.2002. (Supplement No.. 4�, Update 1 } APPENDIX A ZONING REGULATIONS* CHAPTE,R,2..REVIEW.BOD.IES. Sec. 2,103, Historic and_ cultural landmarks commission. 9. Initiate and/or consider nominations, hold hearings and recommend to the city council that certain structures and property be designated as "highly significant endangered," "historic and cultural landmark" or "demolition delay," or that an area containing two or more eligible structures be designated as a "historic and cultural landmark district," or that such designations be removed, in accordance with chapter 4, article 5. 10. Maintain a current list of historic structures designated in accordance with chapter 4, article 5. 11. Adopt, enforce and amend design guidelines for structures designated "highly significant endangered" or "historic and cultural landmark"' or located in a historic and cultural landmark district. 12. Hold hearings and make decisions concerning the issuance of certificates of —appropriateness for demolition, relocation or other work on designated structures and, when appropriate, recommend salvage plans in connection with such demolition, relocation or other work, pursuant to chapter 4, article 5. 13. Review public works and public utility projects to be constructed on the premises of, or immediately adjacent to, historic structures designated in accordance with chapter 4, article 5 and make recommendations concerning whether they are appropriate to the character of the area. .14. Recommend enforcement actions to be taken against property owners who permit the demolition by neglect of a designated historic structure or property, pursuant to chapter 4, article 5. 15. Designate two members of the historic and cultural landmarks commission to serve on the scenic preservation commission pursuant to section 2.102. 16. Advise and consult with the owners of historically and architecturally significant 17. Propose incentive programs for rehabilitation of historically designated structures and properties. 18. Review requests regarding participation in historic preservation economic incentive programs and forward recommendations concerning such requests to the city council. 19. Make recommendations to the city council concerning the utilization of city, state, federal or private funds to promote historic preservation in the city. 20. Recommend recognition of the owners of structures or property designated in accordance with chapter 4, article 5 by means of certificates, plaques or markers. 21. Recommend to the city council that the city act as a conservator in the public interest through mediation, arbitration or, in extreme cases, litigation. 22. Recommend to the city council that the city acquire a structure or property where its preservation is essential to the purposes of chapter 4, article 5 and private preservation is not feasible. 23. Recommend to the city council that the city accept the donation of preservation easements and development rights as well as gifts for the purpose of historic preservation. 24. Administer the city's program of partial city tax exemptions for certain historically significant sites. http://fws:municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 2 of 2 25. Exe�°eise such other and further powers as may be conferred on the historic and cultural landmarks commission by city codes or ordinances. 'G. Preservation plan. 1. The historic and cultural landmarks commission shall adopt, in cooperation with the plan commission, a preservation plan to be incorporated into the City of Fort Worth Comprehensive Plan. The preservation plan shall include: a. The historic resources survey, as amended and b. Criteria to be used in identifying and prioritizing sites; General description of forms and styles found in Fort 2. The plan will also include criteria for selecting and preserving structures and property. The plan will also set forth priorities not only among various historic sites btlt also between conflicting land use goals and shall include specific recommendations on how tc� resolve conflicts between competing uses. The plan will recommend the coordination required with other departments and other public and private groups to implement historic preservation. 3. The historic and cultural landmarks commission shall review the preservation plan every five years. Revisions may be made to the plan at any time in accordance with the rules and policies of the city. — — H. Changes require commission recommendation. No changes shall be made to chapter 4, article 5 or 'the preservation plan without the recommendation of the historic and cultural landmarks commission first being entered at the required public hearings. 1. Commission interpretations and amplification. The historic and cultural landmarks commission is 'empowered to interpret or amplify its design guidelines, policies, procedures and rules for the benefit of the city's administrative staff, property owners or other interested parties. (Ord. No. 13896, 10-12- Sec. 2-104. Downtown design review board. �A. Creation and appointment. There is hereby created a downtown design review board, to be composed of three qualified electors of the City of Fort Worth and three alternate members. The board shall include one regular member and one alternate member from each of the following categories: architect/design professional, downtown business owner/manager, and real estate professional. The alternate members shall serve when regular board members are unable to attend. http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/712002 DocumentFrame Page 1 of 2 CODE City of FORT WORTH, _TEXAS Codified through Ord (Supplement No..?�, Update 1) APPENDIX A.ZON,ING REGULATIONS* CHAPTE,R.2. ,REVIEW,BODIES Sec. 2-104..Downtown design review board,, No. 15254, adopted Sept. 24, 2002, B. Terms of office. The members of the downtown design review board and alternates shall be identified by place numbers one through six. The odd -numbered places shall expire on October 1 of each odd - 'numbered year and the even -numbered places shall expire October 1 of each even -numbered year. Members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms by no member shall be appointed for a term in excess of two years. (Ord. No. 14986, § 1, 2-19- CHAPTER 3. REVIEW �; ARTICLE 1. GENERAL Sec. 3.100. Building permits. All applications for building permits shall be accompanied by a drawing or plat, in duplicate, showing the lot plan, the location of the building on the lot, accurate dimensions of building and lot and such other information as may be necessary to provide for the enforcement of these regulations. A record of the original copy of such applications and plats shall be kept in the development department and the duplicate copy shall be at the building at all times during construction. (Ord. No. 13896, 10-12- Sec. 3.101. Certificate of occupancy. No vacant land shall be occupied or used, except for agricultural uses, and no building hereafter erected, reconstructed, altered or enlarged shall be occupied or used until a certificate of occupancy shall have been issued by the development department in accordance with the building code. (Ord. No. 13896, 10-12- ARTICLE 2. ORDINANCE INTERPRETATION Sec. 3.200. Request for interpretation. A request for official interpretation of this zoning ordinance shall be filed with the board of adjustment in accordance with the board of adjustment's established rules of procedure. (Ord. No. 13896, 10-12- Sec. 3.201. Fee required. Every request shall be accompanied by the appropriate filing fee as provided in the schedule of fees and charges contained in chapter 25 of the City Code. No fee shall be charged for requests filed upon recommendation of the zoning commission, plan commission, board of adjustment or city council. (Ord. No. 13896, 10-12- http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 2 of 2 Sec.3.202. Notice. A. Wriften notice. Written notice of all appeals seeking an interpretation of the zoning ordinance concerning a specific property shall be given to owners of real property lying within 300 feet of the subject property. Such notice shall be given not less than ten days before the date set for the hearing to all such owners who have rendered their property for city taxes, as the ownership appears on the last approved city 'tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Mail. When property lying within 300 feet of the subject property is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, at least 15 days notice of the time and place of the public hearing shall be published in an official newspaper or a paper of general circulation in the city. B. Pub/fished notice. Public notice of all appeals seeking'an interpretation of the zoning ordinance, which interpretation would apply throughout the city, shall be given by means of a •legal advertisement appearing 'in the official newspaper or a paper of general circulation not less than ten days before the hearing. The notice shall identify the applicant, the nature of the question, and the affected provisions of the zoning ordinance. (Ord. No. 13896, 10-12- Sec, 3.203. Board of adjustment action. .A. Interpretation procedure. In making an interpretation of this zoning ordinance, the board of adjustment shall: 1. Review and evaluate the request in light of the text of this zoning ordinance, the official zoning maps, the comprehensive plan and any other relevant information; 2. Consult with city staff, as necessary; 3. Render a .B. Guidelines for future action. In reaching its decision, the board of adjustment shall establish firm guidelines for future administrative actions on like matters. (Ord. No. 13896, 10-12- Sec.3.204. Appeal. d http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 1 of 2 CODE.City of FORT WORTH,.TEXAS Codified_through Ord. No...15254, adopted Sept. 24,.2002. (Supplement No._ 4�, Update 1 } APPENDIX A ZONING REGULATIONS* CHAPTER 4. DISTRICT REGULATIONS* ... ARTICLE 5. HIS.TORIC. PRESERVATION .OVERLAY DISTRICTS ("H,SE,"."HC," "DD") ARTICLE 5. HISTORIC PRESERVATION OVERLAY DISTRICTS ("HSE," "HC," "DD") Sec. 4.500. Purpose and intent. As a matter of public policy, the protection, enhancement and perpetuation of landmarks or districts of cultural, architectural or archeological importance and significance are necessary to promote the economic, cultural, educational and general welfare of the public. It is recognized that the City of Fort Worth represents the unique confluence of time and place that has shaped the identity of generations of citizens, collectively and individually, and produced significant ,cultural, architectural and archeological resources that constitute their heritage. The provisions of this article are intended to: 1. Protect, enhance and perpetuate landmarks and districts of ,cultural, architectural or archeological importance which represent or reflect distinctive and important elements of Fort Worth's ,cultural, architectural, archeological, social, economic, ethnic and political heritage; 2. Foster civic pride by recognizing accomplishments of the '�. Protect and enhance the attractiveness of the city to tourists and visitors and support and stimulate the economy; '4. Ensure the harmonious, orderly and efficient growth and development of the 5. Promote the economic prosperity and welfare of the 6. Encourage the stabilization, restoration and improvement of property and property values; and 7. Maintain a generally harmonious outward appearance of both historic and modern structures which are compatible and complementary in scale, form, color, proportion, texture and material. (Ord. No. 13896, 10-12- Sec. 4.501. Appointment of historic preservation officer. The planning director shall appoint a qualified staff person to serve as historic preservation officer. The historic preservation officer shall administer this article and advise the historic and cultural landmarks commission on matters submitted to such commission. In addition to serving as representative of the historic and cultural landmarks commission, the historic preservation officer is responsible for coordinating the city's historic preservation activities with those of state and federal agencies and with local, state, and national nonprofit preservation organizations. The historic preservation officer shall maintain the historic resources survey and shall update such survey from time to time. (Ord. No. 13896, 10-12- Sec. 4.502. Districts established. •A. Establishment of categories. There shall be three categories of protection for historically, culturally, architecturally or archaeologically significant properties in the City of Fort Worth, as follows: http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 2 of 2 1. Highly' significant endangered 2. Historic and cultural landmark, if an individual structure or site, or historic and cultural landmarks district, if more than one structure or site ("HC"); and 3. Demolition delay These historic preservation overlay districts may appear on the official zoning map from time to time as required by section 4.503H. B. Previously designated overlay districts. All places, objects, sites, structures or property heretofore designated by the city council as "HC" historic and cultural subdistricts or "HC" historic and cultural landmark overlay districts under pre-existing provisions of the zoning ordinance shall be accorded the protection of property designated as historic and cultural landmark under this article and shall bear the appropriate mark in their zoning designation. Tax incentives granted for renovation, restoration or rehabilitation under pre-existing provisions of the zoning ordinance shall remain in force. 'C. Relationship of designations to base zoning districts. , fs- 1. Designation of a structure, site or area by the city council as "HSE," "HC," or "DD" is intended ®as a zoning overlay which supplements the primary underlying zoning district classification. The permitted uses of the property shall be determined and controlled by the use regulations set forth for the primary zoning district classification for the property. 2. The height of structures and the minimum dimensions of lots and yards shall be determined by the regulations set forth for the underlying, primary zoning district classification except where more restrictive height and area regulations are specified in design guidelines adopted by the historic and cultural landmarks commission. 3. If there is any conflict between the adopted design guidelines and any provision of this article, the most restrictive regulation shall apply. 4. If there is any conflict between the provisions of this article and any other provision of the zoning ordinance, the most restrictive regulation shall apply in the absence of a specific directive to the contrary. D. General criteria for designation. The criteria to be applied in order to determine whether sites or 'structures qualify for designation as highly significant endangered, historic and cultural landmark, historic and cultural landmarks district and demolition delay are as follows: .1. Is distinctive in character, interest or value; strongly exemplifies the cultural, economic, social, ethnic or heritage of the City of Fort Worth, State of Texas or the United States. 2. Is an important example of a particular architectural type or specimen in the City of Fort Worth. 3. Has been identified as the work of an important architect or master builder whose individual work has contributed to the development of the City of Fort Worth. http://fws.municode.com/CGI-BIN/om� isapi.dll?advquery=Historical&aquery=Historical&... 11/�/2002 DocumentFrame Page 1 of 3 CODE City of FORT WORTH,_.TEXAS Codified.through Ord. Na. 15254, adopted Sept. 24,.2002. (Supplement No. 4p,. Update 1) APPENDIX A ZONING REGULATIONS* CHAPTER 4. DISTRICT REGULATIONS"` .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ARTICLE 5, HISTORIC.PRESERVATION.OVERLAY DISTRICTS, ("HSE,"';HC.,'; "QD") Sec. 4.502. Districts established. .. d. Embodies elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. 5. Bears an important and significant relationship to other distinctive structures, sites or areas, either as an important collection of properties of architectural style or craftsmanship with few intrusions, or by contributing to the overall character of the area according to a plan based on architectural, historic or cultural motif. �. Possesses significant archeological value which has produced o�y.is likely to produce data affecting theories of historic or prehistoric interest. �. Is the site of a significant historic 8. Is identified with a person or persons who significantly contributed to the culture and development of the City of Fort Worth, State of Texas or the United States. 9. Represents a resource, whether natural or man-made, which greatly contributes to the character or image of a defined neighborhood or community area. 10. Is designated as a Recorded Texas Historic Landmark or state archeological landmark, or is included on the National Register of Historic Places. •E. Designation as highly significant endangered ("HSE"). A site or structure may be designated as highly significant endangered if it satisfies the following qualifications: 1. It meets five or more of the criteria set out in paragraph D above; 2. It is determined by the city council to be threatened by deterioration, damage or irretrievable, irreplaceable loss due to neglect, disuse, disrepair, instability, lack of financial resources and/or impending demolition. A structure designated highly significant endangered shall be deemed to be an historically significant site in need of tax relief to encourage its preservation, in accordance with section 11.24 of the Texas Tax Code. F. Designation as historic and cultural landmark ("HC'). An individual structure or site may be .designated as an historic and cultural landmark if it meets three or more of the criteria set out in paragraph D above. An area which includes two or more structures or sites which satisfy three or more of such criteria may be designated as an historic and cultural landmarks district. 'G. Designation as demolition delay ("DD"). .1. Designation. A structure may be designated demolition delay if it satisfies one or more of the following qualifications: a. c. d. Designated as a Recorded Texas Historic Designated as a Texas State Archeological Designated as an American Civil Engineering Listed on the National Register of Historic Places; e. It meets two or more of the criteria set out in paragraph D above, and is identified as resource within a defined survey district of the historic resources survey or within a http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 2 of 3 targeted plan area adopted by the City of Fort Worth. 2. Designation of demolition delay property as highly significant endangered or historic and cultural landmark. ', a. Owners of structures designated demolition delay who have filed an application for a certificate of appropriateness for demolition are subject to a delay in issuance of the permit of up to 180 days. It is the governing body's intent that owners of such property who have sought a certificate of appropriateness for demolition shall not be frustrated in their efforts to demolish or sell such property by extension of the delay period through nomination of property designated demolition delay as highly significant endangered or historic and cultural landmark. b. Accordingly, if an owner of a structure designated demolition delay has filed an application for a certificate of appropriateness for demolition or if a demolition permit has been issued to an owner of such structure within the preceding three-year period, such structure shall not be nominated for designation as historic and cultural landmark or highly significant endangered. However, an area which includesr`such structure may be designated as an historic and cultural landmarks district. (Ord. No. 13896, 10-12- Sec. 4.503. Procedures for designation of property. — The procedures for designation of individual sites and structures as highly significant endangered, 'historic and cultural landmark and demolition delay and for designation of areas as historic and cultural landmarks districts are as follows: A. Nomination. Property may be nominated for designation as highly significant endangered, historic and cultural landmark, Historic and cultural landmarks district or demolition delay by the city manager, the city council, the historic and cultural landmarks commission or the owner or an authorized representative. Nominations shall be submitted to the historic preservation officer. Nomination by the city council or the historic and cultural landmarks commission shall be in the form of a resolution requesting that the historic preservation officer submit the nomination to the historic and cultural landmarks commission. nomination by the city manager or the owner shall be by completion of a nomination form promulgated by the planning department. No nomination fee shall be charged. A nomination for designation of an area as a historic and cultural landmarks district submitted by the property owners must be signed by the owners of: (1) 50 percent or more of the individual tracts, parcels or platted lots to be located within the boundaries of the proposed district; and (2) 50 percent or more of the land area to be located within the boundaries of the proposed district. Two or more platted lots developed together shall be counted as one lot. Each vacant platted lot of sufficient size to be developed under the current zoning designation for the property shall be counted as one lot. B. Nofice of nomination. Upon receipt of a nomination, the historic preservation officer or a designee shall prepare a notice of nomination, which shall be mailed to the owner or owners of the property by certified mail, return receipt requested, at least ten days prior to the historic and cultural landmarks commission hearing described below. In the case of nomination for an historic and cultural landmarks district, a notice of nomination shall be mailed to each individual owner of property within such district in accordance with this article. The most recently approved municipal tax roll showing the name and address of the owner shall be used for this purpose. The notice of nomination shall include the following information: 1. A description of the structure or site proposed for �. The proposed category of protection and the criteria on which the nomination is based; '�. A description of the benefits, restrictions and other terms of the proposed designation, including without limitation tax incentives and restrictions on demolition and rehabilitation; http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 3 of 3 d.� The time, place and date of the public hearing by the historic and cultural landmarks commission to consider such designation; s http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 1 of 4 CODE City of FORT WORTH,_TEXAS Co.dified_through Ord. No...15254, adopted Sept. 24,.2002.. (Supplement N.o..4`�,. Update. 1) APPENDIX A ZONING REGULATIONS'` .. .. .. .. .. .. .. .. .. .. .. .. .. .. CHAPTER 4. DISTRICT REGULATIONS* _..._... ARTICLE 5,_ HIS.TORIC. PRESERVATION .OVERLAY DISTRICTS (."H.SE,"."HC.," :'.DD") Sec. 4,503. Procedures, for designation of property. 5. A statement of the stay of actions after nomination provided for in paragraph C below; and 6. A form on which the owner may explain the reasons why the nomination should be approved or denied. C. Stay of actions after nomination. 1. Interim controls. The governing body finds that immediate, temporary controls prohibiting alteration, demolition or relocation of properties for which a notice of nomination �s highly significant endangered, historic and cultural landmark or historic and cultural landmarks district has been mailed, and prohibiting demolition or relocation of structures for which a notice of nomination as demolition delay has been mailed are required in order to further the purpose of this article. 2. Highly significant endangered, historic and cultural landmark and historic and cultural landmarks district. After the historic preservation officer has mailed a notice of nomination as highly significant endangered, historic and cultural landmark or historic and cultural landmarks district to the owner or owners of such property by certified mail, return receipt requested, all permits for construction, repairs, alterations, additions, stabilization, restoration, rehabilitation, demolition or relocation of any building, object or structure on the property shall be subject to the certificate of appropriateness requirements contained in section 4.507 for a period of 135 days or until the proposed designation is denied, whichever occurs first. In the event that the proposed designation is approved, the property shall be subject to all certificate of appropriateness requirements applicable to such designation. Permits for which an application has been submitted to the appropriate city department before the notice of nomination is mailed shall not be subject to interim controls or the certificate of appropriateness requirements. 3. Demolition delay. After the historic preservation officer has mailed a notice of nomination for designation as demolition delay to the owner or owners of such property by certified mail, return receipt requested, all permits for demolition or relocation of any building, object or structure on the property shall be subject to the certificate of appropriateness requirements contained in section 4.507 for a period of 135 days or until the proposed designation is denied, whichever occurs first. In the event that the proposed designation is approved, the property shall be subject to all certificate of appropriateness requirements applicable to demolition delay properties. Permits for which an application has been submitted to the appropriate city department before the notice of nomination is mailed shall not be subject to interim controls or the certificate of appropriateness requirements. 4. Relief from interim controls. An owner may seek relief from the interim controls by requesting a certificate of appropriateness in accordance with the procedures contained in section 4.507. In addition, an owner may seek expedited relief from the interim controls by presenting information to the historic and cultural landmarks commission to show unusual and compelling circumstances justifying such relief. Such request shall be filed with the historic preservation officer within ten days after receipt of the notice of nomination and shall be accompanied by a copy of a bona fide written agreement requiring relocation or demolition of the structure, which shall have been entered into prior to receipt of the notice of nomination, or other evidence that the interim controls will cause substantial imminent harm to the owner which justifies expedited consideration of the owner's request for relief. The owner shall also present evidence concerning plans for development of the property. http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 2 of 4 Th�� historic and cultural landmarks commission shall conduct a hearing on such matter within 15 days after the request for relief is filed. The historic and cultural landmarks commission may consider factors such as the existence of a written, bona fide sales contract for the property; plans for relocation or demolition of the property; plans for development of the property; the effect of the interim controls on such plans; and other unusual and compelling circumstances justifying relief from the interim controls. It is the overning body's intent to keep historic structures whenever possible, in recognition of the fact that historic structures have been needlessly demolished, resulting in vacant lots. In the event that the historic and cultural landmarks commission finds unusual and circumstances justifying relief from the interim controls, the historic and cultural landmarks commission may expedite review of the nomination, shorten the term of the interim controls, release the owner from such controls or take such other action as the historic and cultural landmarks commission deems to be appropriate. D. Historic and cultural landmarks commission hearing. No property shall be designated as highly significant endangered, historic and cultural landmark, historic and cultural landmarks district or demolition delay without the approval of the historic and cultural landmarks commission after hearing. The historic and cultural landmarks commission shall coriduct a public hearing on the proposed designation within 45 days after receipt of the nomination for designation by the historic preservation officer, or as soon thereafter as is reasonably practicable. At the historic and cultural landmarks commission's public hearing, the owner or owners, interested parties and technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, cultural, � architectural or archeological importance of the structures or property. E. Zoning commission hearing. Upon recommendation of the historic and cultural landmarks commission, the proposed designation shall be submitted to the zoning commission. The zoning commission shall give notice and conduct its public hearing on the proposed designation within 45 days of the receipt of such recommendation from the historic and cultural landmarks commission, or as soon thereafter as is reasonably practicable. Such hearing shall be in the same manner and according to the same procedures for amending the zoning map as set forth in chapter 3, article 5. F. City council hearing. The city council shall give notice and conduct its hearing on the historic and cultural landmarks commission's recommendation concerning the proposed designation within d5 days of receipt of the recommendation of the zoning commission, or as soon thereafter as is reasonably practicable. The city council shall give notice, follow the publication procedure, hold the hearing, and make its determination in the same manner and according to the same procedures for amending the zoning map as set forth in chapter 3, article 5. G. Vote required for designation. If an owner of a structure nominated for designation as highly significant endangered, historic and cultural landmark or demolition delay or the owners of at least 20 percent of an area nominated for designation as an historic and cultural landmarks district protest such designation by submitting a written, signed protest, the affirmative vote of at least 3/4 of all members of the city council is required in order for the designation to take effect, in accordance withsection 211.006 of the Texas Local Government Code. Further, if the owner of a structure nominated for designation as an historic and cultural landmark submits a written, signed protest of such designation at the historic and cultural landmarks commission hearing, the nomination must also receive the affirmative vote of at least 3/4 of all members of the historic and cultural landmarks commission and the zoning commission in order to take effect. H. Recording of designafions on zoning map. Upon designation of a site, structure or area as highly significant endangered, historic and cultural landmark, historic and cultural landmarks district or demolition delay, the city council shall cause the designation to be recorded on the official zoning maps of the city. All zoning maps shall indicate designated highly significant endangered properties with the suffix "HSE," historic and cultural landmarks, whether designated individually or as a district, with the suffix "HC," and demolition delay properties as "DD," in addition to the marks indicating the primary underlying zoning district classification. http://fws.municode.com/CGI-BIN/om � isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 3 of 4 I. Filing �f designations in property records. Record of designation of a site, structure or area as highly significant endangered, historic and cultural landmark, historic and cultural landmarks district or demolition delay shall be recorded in the official property records of the county in which the property is located. Property owners who file an application for designation shall record such designation and provide proof of filing to the historic preservation officer. In all other cases the historic preservation officer shall file such designation. (Ord. No. 13896, 10-12-99; Ord. No. 14985, § 1, 2-19- Sec. 4.504. Procedures and criteria for removal of designation. A. Application for removal of designation. Application for removal of the highly significant endangered, historic and cultural landmark, historic and cultural landmarks district or demolition delay designation shall be submitted to the historic preservation officer. Application may be made by the property owner or an authorized representative, the city manager, the historic and cultural landmarks commission or the city council. The same procedure that is followed in designation of such categoriesjshall apply to removal of designation, including consideration by the historic and cultural landmarks commission, the zoning 'commission and the city council. All owners of an individual site or structure must sign the application for removal. Applications for removal of a historic and cultural landmarks district designation shall be signed the owners of: (1) 50 percent or more of the individual tracts, parcels or platted lots located within the boundaries of the district; and (2) 50 percent or more of the land area located within the boundaries of the district. Two or more platted lots developed together shall be counted as one lot. Each vacant platted lot of sufficient size to be developed under the current zoning designation for the property shall be counted as one lot. 'B. Removal of highly significant endangered designation. 1. The highly significant endangered designation may be removed for the following a. It is determined that the site or structure is no longer historically, culturally, architecturally or archaeologically significant under the criteria listed in section 4.502E; b. It is determined that the site or structure is no longer endangered; c. It is determined that such designation creates an unreasonable economic hardship upon the owner or owners in accordance with the provisions of section 4.508. 2. An applicant seeking removal of the highly significant endangered designation on the basis that the site or structure is no longer endangered shall simultaneously nominate such structure for designation as historic and cultural landmark. The application for removal of the highly significant endangered designation and the request for designation of such property as historic and cultural landmark shall be considered and decided concurrently; provided, however, failure to designate such property as historic and cultural landmark by the city council shall not be grounds for denial of the application for removal of the highly significant endangered designation. 3. Within ten days after approval by the city council of removal of the designation, the historic preservation officer shall remove the highly significant endangered designation from the official zoning maps of the city and shall file a notice that the highly significant endangered designation has been removed in the official property records of the county in which the property is located. In addition, if applicable, the historic preservation officer shall record the historic and cultural landmark designation on the city's official zoning maps and record such designation in the property records of the county in which such property is located. 'C. Removal of historic and cultural landmark designation. 1. The historic and cultural landmark designation, whether relating to individual properties or to an historic and cultural landmarks district, may be removed for the following reasons: a: It is determined that the site, structure or area, as applicable, is no longer historically, culturally, architecturally or archaeologically significant under the criteria listed in section http://fws.municode.com/CGI-BIN/om� isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 4 of 4 4.502F; or b. It is determined that such designation creates an unreasonable economic hardship upon the owner or owners in accordance with the provisions of section 4.508. 2. The historic and cultural landmarks district designation may be removed only from a district as a whole. The designation shall not be removed from individual sites or structures located within a district. 3. The historic preservation officer shall remove the historic and cultural landmark designation from the official zoning maps of the city and shall file a notice that the designation has been removed in the official property records of the county in which such property is located within ten days after approval by the city council of removal of the designation. .� f http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 1 of 3 G.ODE.City of FORT WORTH,..TEXAS Codified through Ord. No. _15254, adopted Sept. 24,.2002. (Supplement No.. �,. Update 1) APPENDIX A ZONING REGULATIONS* CHAPTER 4. DISTRICT REGULATIONS* '' ARTICLE 5 _ H.LSTORIC. PRESERVATION ,OVERLAY DISTRICTS ("HSE," "HG.,'::'DD") Sec. 4.504. Procedures_and criteria for removal ofdesignation. �D. Removal of demolition delay designation. 1. The demolition delay designation may be removed for the following a. It is determined that the site or structure no longer satisfies at least one of the criteria set out in section 4.502G; b. It is determined that such designation creates an unreasonable economic hardship upon the owner or owners in accordance with the provisions.of section 4.508; or c. The site or structure is demolished in accordance with this 2. The historic preservation officer shall remove the demolition delay designation from the official zoning maps of the city and shall file a notice that the designation has been removed in the official property records of the county iri which such property is located within ten days after approval by the city council of removal of the designation. E. Burden of proof. The owner or owners seeking removal of a designation have the burden of proof to establish by a preponderance of the evidence the necessary facts to warrant favorable action by the historic and cultural landmarks commission, the zoning commission and the city council. (Ord. No. 13896, 10-12-99; Ord. No. 14985, § 2, 2-19- Sec. 4.505. Adoption of design guidelines for landmarks and districts. A. Submittal of proposed guidelines. When application is made by the owner or owners for the designation of a historic and cultural landmark, historic and cultural landmarks district or highly significant endangered, whether an individual structure or a district, the owner or owners shall submit with the application a set of proposed design guidelines following the principles set forth in the secretary of the .interior's standards for rehabilitation. The guidelines shall be prepared by the applicant with the assistance of the historic preservation officer. The owners of property nominated for designation as a historic and cultural landmark or an historic and cultural landmarks district by the historic and cultural landmarks commission, city council or the city manager shall cooperate with the historic preservation officer in the preparation of design guidelines for such property. The guidelines shall be used by the property owner or owners and the city's administrative staff in implementing the intent and purpose of this article. 'B. Adoption by city council. 1. Historic and cultural landmarks commission hearing. Upon approval of the designation of a property as historic and cultural landmark, historic and cultural landmarks district or highly significant endangered, the historic and cultural landmarks commission shall review the design guidelines and shall approve the same, with or without modifications, at the public hearing on the proposed designation. In reviewing guidelines for approval, the historic and cultural landmarks commission shall avail itself of all information necessary from staff and other sources. 2. Zoning commission hearing. Upon recommendation of the historic and cultural landmarks commission, the proposed guidelines shall be submitted along with the proposed designation to the zoning commission. The zoning commission shall conduct a public hearing on the proposed design guidelines in the same manner and according to the same procedures for the designation of property as set forth in Chapter 4, Article 5. http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 2 of 3 3. City council hearing. Upon approval by the city council of the designation of a property as historic ar�`d cultural landmark, historic and cultural landmarks district or highly significant endangered, the council shall review the design guidelines and shall approve the same, with or without modifications, at the public hearing on the proposed designation. The city council shall give notice and conduct its hearing on the historic and cultural landmarks commission's recommendation concerning the proposed design guidelines in the same manner and according to the same procedures for the designation of property as set forth in Chapter 4, Article 5. Copies of the approved guidelines shall be on file in the development department and in the office of the historic preservation officer. 'C. Content and application of guidelines. 1. The guidelines will classify all structures and property within an historic and cultural landmarks 'district or on land necessary for access to and use of a structure designated highly significant endangered or historic and cultural landmark as one of the following: a. Landmark; b. c. Contributing Non-contributing resource; d. Non -essential 2. The guidelines shall establish significant physical characteristics for structures and properties and modifications thereto, including layout and location on -site, size, shape, materials and textures, and fenestration where applicable. 3. The guidelines so established shall apply to any proposed addition, deletion, alteration or modification to structures and sites within an historic and cultural landmarks district or on land necessary for access to and use of a structure designated highly significant endangered or historic and cultural landmark but shall not be imposed on those existing structures or properties, or portions thereof, which are not altered. The guidelines so established shall also apply to any proposed new structure erected or placed in an historic and cultural landmarks district or on land necessary for access to and use of a structure designated highly significant endangered or historic and cultural landmark. D. Modification or invalidation of guidelines. Design guidelines may be reviewed and modified by the city council when requested by a property owner within the district or by city staff. Any modification of adopted .design guidelines must be approved by the city council following the same procedures used for promulgation of the original guidelines. The board of adjustment shall not have jurisdiction to grant any variance from design guidelines. Invalidation of any portion of the guidelines shall not affect the validity of any other portion. (Ord. No. 13896, 10-12-99; Ord. No. 15140, §§ 1-3, 6-18- Sec. 4.506. Tax incentives. A. Purpose. The purpose of this section is to encourage historic preservation by providing tax incentives 'for the stabilization, rehabilitation and renovation of properties designated as highly significant endangered and historic and cultural landmark and properties located in an historic and cultural landmarks district. B. Automatic exemption for highly significant endangered structures. All of the assessed value of a structure designated highly significant endangered shall be exempt from ad valorem taxes owed to the City .of Fort Worth, commencing on the first day of the tax year following such designation. The exemption shall relate only to the assessed value of the 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 paragraph. The owner shall be entitled to such tax exemption by reason of designation of such property as highly significant endangered and shall not be required to submit an application to the city in order to qualify for the exemption; provided, http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/�/2002 DocumentFrame Page 3 of 3 however, nothing in this article relieves the owner from the responsibility to submit an application for the exemption each year to the appraisal district for the county in which the property is located pursuant to the terms of the Texas Tax Code. The historic preservation ofFcer shall assist the owner in filing for such exemption, at the request of the owner. The exemption under this paragraph terminates when an owner qualifies for rehabilitation incentives under paragraph D below. In the event that the owner substantially rehabilitates the structure, but does not seek approval of the rehabilitation incentives under paragraph D, the exemption under this paragraph shall terminate on the same date that the rehabilitation incentives would have terminated if the owner had followed the procedures set out in paragraph D below. 'C. Partial exemption for stabilization of highly significant endangered structure. 1. Qua/iircation for partial exemption. The owner of a structure designated highly significant endangered who performs work to stabilize the structure shall be entitled to recover a part or all of the cost of such work through an exemption from city ad valorem taxes of up to 50 percent of the value of the land necessary for access to and use of the structure for a period not to exceed five years. The exemption shall commence in the tax year immediately following the year in which the work is completed. In the event that the tax savings arising from the partial exemption for such one-year period is less than the cost of such work,"the partial exemptior�may be carried over from year to year, for a total period not to exceed five years. An owner"may seek multiple partial exemptions for eligible work for stabilization of the property as outlined below; provided, however, an owner will not be eligible for a partial exemption for stabilization subsequent to rehabilitation of the property and receipt of the rehabilitation incentives under paragraph D. Nothing in this article relieves the owner from the responsibility to submit an application for the exemption each year to the appraisal district for the county in which the property is located pursuant to the terms of the Texas Tax Code. The historic preservation officer shall assist the owner in filing for such exemption, at the request of the owner. http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 1 of 2 CODE City of FORT WORTH,..TEXAS Codified through Ord. No._.15254, adopted Sept. 24, 2002.. (Supplement No. 4�,. Update.1) APPENDIX A ZONING REGULATIONS* CHAPTER 4. DISTRICT REGULATIONS* .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ARTICLE 5., HISTOR{C. PRESERVATION OVERLAY DISTRICTS ("HSE," "HC.," :'DD") Sec. 4.506. Tax incentives. 2. Eligible costs. Eligible projects shall consist of work performed for the stabilization of the structure and may include exterior improvements and interior improvements to the frame, walls, floor, ceiling, plumbing, electrical wiring and mechanical items, such as heating and air conditioning systems. Fixtures and decorative items shall not be eligible for consideration. Materials and labor for repairing, replacing or adding any of the following shall be eligible: a. Structural b. Structural c. Structural d. Exterior e. Exterior Mechanical f. g. Windows; h. Exterior Plumbing; Electrical brick veneers or Roof and gutter where necessary for structural I. Facade m. Elevators; n. o. Foundations; Termite damage and p. Security and/or fire protection .j -�' q. Architectural and engineering services if directly related to the eligible costs described above; and r. Demolition and cleanup if directly related to the eligible costs described 3. Ineligible costs. Ineligible costs include, but are not limited to, the a. Plumbing and electrical fixtures; provided, however, documented replacement of historic fixtures may be considered eligible; b. Overhead; c. Taxes; d. Supervisor ,, http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 2 of 2 e. � Repairs of construction Tools; and Any other items not directly related to the exterior appearance or the structural integrity or viability of the building. 'D. Tax incentives for rehabilitation of highly significant endangered structure. 1. Description of incentives. A structure designated highly significant endangered, which is substantially rehabilitated in accordance with this section, and the land necessary for access to and use of the structure, shall be entitled to the following tax benefits ("rehabilitation incentives") a period of years as hereinafter set forth: a. Exemption from city ad valorem taxes of all of the assessed value of the http://fws.municode.com/CGI-BIN/om� isapi.dll? .. 11/7/2002 DocumentFrame Page 1 of 3 CODE City of FORT WORTH,..TEXAS Codified.through Ord. No. 15254, adopted Sept. 24, 20,02. (Supplement No.. 47,. Update.1) APPENDIX A ZONING REGULATIONS* CHAPTER 4. DISTRICT REGULATIONS" .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ARTICLE 5. HIS.TORIC PRESERVATION.OVERLAY DISTRICTS ("HSE,"'.'HC," :'DD") Sec. 4.506. Tax incentives. b. Exemption from city ad valorem taxes of any increase in the assessed value of the land necessary for access to and use of the structure, in excess of the assessed value for the tax year immediately prior to commencement of the rehabilitation. The assessed value of the land necessary for access to and use of the structure for city ad valorem tax 'valuation purposes shall be equal to the assessed value of such land for the tax year immediately prior to commencement of the rehabilitation; provided, however, in the event that such land is subsequently assessed at a lower value than the assessed value for the tax year immediately prior to commencement of the rehabilitation, the lower value will apply. 2. Substantial rehabilitation. "Substantial rehabilitation" of a structure designated as highly significant endangered shall consist of rehabilitation at a cost which equals or exceeds 30 percent of the assessed value of the structure prior to rehabilitation. 3. Term of rehabi/ifation incentives. The term of the rehabilitation incentives shall be a minimum of ten years commencing on the first day of the tax year following verification by the city council of completion of the rehabilitation pursuant to paragraph I. In order to encourage early rehabilitation, the term of the rehabilitation incentives may be increased for up to an additional five years. If the rehabilitation is completed and the project passes all final inspections within two years after designation as highly significant endangered, the rehabilitation incentives shall be for a period of 15 years commencing on the first day of the tax year following verification by the city council of completion of the rehabilitation pursuant to paragraph I. The term of the rehabilitation incentives shall decrease by one year for every year that completion of rehabilitation is delayed, to a minimum term of ten years. Upon expiration of the term of the rehabilitation incentives, the structure and the land necessary for access to and use of the structure shall be taxed at the assessed value. 4. Submittal of application to appraisal district. Nothing in this article relieves the owner from the responsibility to submit an application for the exemption each year to the appraisal district for the county in which the property is located pursuant to the terms of the Texas Tax Code. The historic preservation officer shall assist the owner in filing for such exemption, at the request of the owner. 'E. Tax incentives for historic and culfural landmarks. 1. Application submitted prior to the commencement of any work. Any structure which is designated historic and cultural landmark or which is located in an historic and cultural landmarks district and which is substantially rehabilitated in accordance with this section, and the land necessary for access to and use of the structure, shall have an assessed value for city tax valuation purposes equal to the assessed value of such structure and land for the tax year immediately prior to commencement of the rehabilitation. The term of the incentives is ten years commencing on the first day of the tax year following verification by the city council of completion of the rehabilitation pursuant to paragraph I. Any increase in the value of the structure and the land necessary for access to and use of the structure in excess of the assessed value for the tax year immediately prior to commencement of the rehabilitation shall be exempt from city ad valorem taxes for such ten-year period. In the event that the structure or the land is assessed during such ten-year period at a lower value than the assessed value for the tax year immediately prior to commencement of the rehabilitation, the lower value will apply. "Substantial rehabilitation" shall consist of rehabilitation at a cost which equals or exceeds 30 percent of the assessed value of the structure prior to rehabilitation. Nothing in this article relieves the owner from the responsibility to submit an application for the exemption each year to the appraisal district for the county in which the property is located pursuant to the terms of the Texas Tax Code. The historic preservation officer shall assist the owner in filing for such exemption, at the request of the owner. http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 2 of 3 2. Applicbtion submitted after the commencement of work for which a certificate of appropriateness is not required. The provisions of this paragraph shall apply only to work that meets the following conditions: (a) the work is completed on a structure that is designated as a historic and cultural landmark or that is located in a historic and cultural landmark district, including the land necessary for access to and use of said structure; (b) the work does not require a certificate of appropriateness; and (c) an application for tax exemption is filed within five (5) years after the completion of the work. Such work shall be eligible for tax exemption following verification by the city council of the work performed, provided that the structure has been substantially rehabilitated in accordance with this section. The structure and land shall have an assessed value for city tax valuation purposes equal to the assessed value of such structure and land for the tax year immediately prior to the commencement of work. The term of the tax incentive is ten (10) years commencing on the first day of the tax year immediately following the year that work is completed. The owner will qualify for the tax incentive for the remainder of the applicable ten-year term commencing on the first day of the tax year following verification by the city council of the rehabilitation pursuant to paragraph 1. The owner shall not be eligible for the tax incentive or be reimbursed for ad valorem taxes paid by the owner on the structure or,land for any years prior to the submission of an application for a tax incentive and verification by#r'�e city council. of the work performed. Any increase in the value of the structure and the land necessary for access to and use of the structure in excess of the assessed value for the tax year immediately prior to the commencement of the rehabilitation shall be exempt from city ad valorem taxes for the remainder of the ten-year term. In the event that the structure or the land is assessed during such period at a lower value than the value for the tax .year immediately prior to the commencement of the rehabilitation, the lower value will apply. "Substantial rehabilitation" shall consist of rehabilitation at a cost that equals or exceeds thirty (30) percent of the assessed value of the structure prior to rehabilitation. Nothing in this article relieves the owner from the responsibility to submit an application for the exemption each year to the appraisal district for the county in which the property is located pursuant to the terms of the Texas Tax Code. At the request of the owner, the historic preservation officer shall assist the owner in filing for the exemption. 'F. Eligibility for tax incentives. 1. Highly signif<cant endangered. a. In order for property designated highly significant endangered to be eligible for partial exemption of the assessed value of the land for stabilization projects, the historic and 'cultural landmarks commission and the city council must approve the application for the incentive prior to the commencement of the work and must verify satisfactory completion of the project. b. In order for property designated highly significant endangered to be eligible for Rehabilitation Incentives, the historic and cultural landmarks commission and the city council must approve the application for the tax incentive prior to commencement of the work and must verify satisfactory completion of the project. Property designated as highly significant endangered shall be eligible for rehabilitation incentives once every 20 years. 2. Historic and Cultural Landmark and Historic and Cultural Landmarks District. In order for property designated Historic and Cultural Landmark to be eligible for a partial tax exemption for rehabilitation, the Historic and Cultural Landmarks Commission and the City Council must approve the application for the tax incentive and must verify satisfactory completion of the project. Property designated Historic and Cultural Landmark or located in an Historic and Cultural Landmarks District shall be eligible for the partial City tax exemption for rehabilitation of the property once every twenty (20) years. G. Application for tax incentives. Application for a city ad valorem tax exemption shall be filed with the •historic preservation officer. The application may be processed concurrently with the application for any certificate of appropriateness which may be required under section 4.507. The application shall be signed and sworn to by the owner of the property and shall: 1. State the legal description and the address of the http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 3 of 3 2. Provide proof of title in the application to the property proposed for �c: 3. Provide proof that taxes or other assessments are not delinquent on the 4. Include a complete set of plans and/or documentation for the stabilization or rehabilitation, which have been approved by the development department, and verify compliance with established guidelines; 5. For projects for stabilization of a structure designated highly significant endangered, include a list of eligible costs; 6. For rehabilitation projects, include a statement of costs reflecting that the costs exceed 30 percent of the assessed value of the structure; 7. Include a projection of the estimated construction time and predicted completion 8. Include a detailed statement of the proposed use of the 9. Authorize members of the historic and cultural landmarks commission and officers of the city to visit and inspect the property; 10. Provide any additional information to the historic and cultural landmarks commission which is necessary in determining eligibility or which the owner deems relevant or useful; 11. Contain a written agreement to maintain the site or structure in accordance with the Secretary of the Interior's Standards for Rehabilitation, applicable codes of the City of Fort Worth — — and design guidelines for the duration of the exemption; and 12. Contain sufficient documentation supporting the information submitted 'H. Consideration of application for tax incentives. 1. Review by historic and cultural landmarks commission. Upon receipt of the sworn application, the historic and cultural landmarks commission shall make an investigation of the property and shall certify facts relating to the project to the historic preservation officer within 30 days, together with the historic and cultural landmarks commission's documentation and recommendation for approval or disapproval of the application for exemption. 2. Review by city council. Upon receipt of the application for city ad valorem tax exemption and the recommendation of the historic and cultural landmarks commission, the historic preservation officer shall forward the application to the city council. The city council shall approve the application, subject to compliance with all certificate of appropriateness requirements and verification of satisfactory completion of the project, provided that the owner is eligible for such incentive and has submitted all required information. Notice of approval or disapproval shall be provided to the applicant in writing. 'I. Verification of completion of project. 1. Submission of statement by applicant. Upon completion of a stabilization or rehabilitation project the applicant shall submit the following documents to the historic preservation officer: http://fws.municode.com/CGI-BIN/om isapi.dll? .. 11/7/2002 DocumentF'rame Page 1 of 3 CODE.City of FORT WORTH,..TEXAS Codified through Ord. No..15.254, adopted Sept. 24,_2002, (Supplement No. 4'7;_ Update � ) APPENDIX A ZONING REGULATIONS* CHAPTER 4. DISTRICT REGULATIONS* _ _. ARTICLE 6, HISTORIC.PRESERVATION.OVERLAY DISTRICTS. ("H.SE,"."HC," "DD") Sec. 4.506. Tax incentives. a. Sworn statement of completion of the b. Copies of all receipts for cost of c. Documentation that all required inspections of the project have been performed by the development department; d. In the case of stabilization projects, proof that costs are ,s e. In the case of rehabilitation projects, proof that the cost of the rehabilitation equals or exceeds 30 percent of the assessed value of the structure prior to rehabilitation. Such costs may be determined according to the value of the permits issued by the development department and/or proof of actual expenditures; and f. Proof that a certificate of occupancy has been issued, if 2. Verification by historic and cultural landmarks commission. The historic and cultural landmarks commission, upon receipt of the sworn statement of completion, but no later than 30 days thereafter, shall make an investigation of the property and shall verify whether the stabilization or rehabilitation project has been completed. If verification of completion is unfavorable, the applicant shall be required to complete the project in order to secure the city ad valorem tax exemption provided herein. If the verification of completion is favorable, the historic and cultural landmarks commission shall submit the application for tax incentive to the city council for approval. A project shall be considered completed when all of the following requirements have been met: a. b. The applicant has submitted all information required under paragraph 1 Rehabilitation costs equal or exceed the required c. The project has passed all required final inspections and has obtained a certificate of occupancy, if required; and d. All work has been performed in accordance with the certificate of appropriateness and the Secretary of the Interior's Standards for Rehabilitation. 3. Verification by city council and notification of taxing authorities. After verification of satisfactory completion of the stabilization or rehabilitation project, the city council shall declare the property to be entitled to the city ad valorem tax relief provided herein. Approval by the city council of a project for rehabilitation of a structure designated historic and cultural landmark or located in an historic and cultural landmarks district 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 Tax Code. The historic preservation officer shall give written notice of approval of the tax incentive to the chief appraiser of the appraisal district for the county in which the property is located and the tax assessor -collector of the City of Fort Worth. Thereafter, the owner shall be entitled to the applicable tax incentive commencing on January 1 of the tax year immediately following approval by the city council. Nothing in this article relieves the owner from the responsibility to apply to the appraisal district for the county in which the property is located each year for the exemption pursuant to the terms of the Texas Tax Code. The historic preservation officer shall assist the owner in filing for such exemption, at the request of the owner. 4. Execution of commitment to repay. The city council shall not approve an application for tax http://fws.municode.com/CGI-BIN/om� isapi.dll?advquery=Historical&aquery=Historical&... 11/'7/2002 DocumentFrame Page 2 of 3 incentives until the applicant files a commitment to repay to the city all city taxes which would have been owed"but for such tax exemption, with interest at an annual rate of ten percent, in the event that the owner is required to repay the taxes and interest for noncompliance with this article. The commitment shall be filed in the official property records of the county where the property is located, shall run with the land and shall bind the owner and any heirs and assigns. Any unpaid amount shall constitute a lien against the property. J. Alteration or destruction of structure or site. 1. l�l/ful or negligent alteration or destruction. In order to maintain eligibility for a tax exemption in accordance with this article, the owner and any representative shall not alter or totally or partially destroy the historically significant structure or site by willful act or negligence during the period of the exemption. In the event that the historically significant structure or site is altered or totally or partially destroyed by the willful act or negligence of the owner or a representative, the owner shall notify the historic preservation officer and the chief appraiser of the appraisal district for the county , in which the property is located that he is no longer entitled to the exemption. In addition, if the historic and cultural landmarks commission has reason to believe that a structure or site benefiting from a tax exemption has been altered or totally or partially destroyed by the willful act or negligence of its owner or a representative during the period of the exemption, the historic and cultural landmarks commission shall request that the city manager immediately cause the matter to be scheduled for the earliest possible consideration by the city council. If, after giving notice of a hearing to the owner, the city council determines that the structure or site has been totally or partially destroyed or altered by the willful act or negligence of the owner or a representative, the owner shall take corrective measures, if feasible, within the time specified by the city council. If the owner fails to take such corrective measures or if corrective measures are not feasible, the owner shall immediately repay to 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, in accordance with the terms of the commitment to repay. The city's remedies pursuant to the commitment to repay shall be in addition to all rights and remedies pursuant to the Texas Tax Code. 2. Alteration or destruction other than by willful act or negligence. Where a structure or site benefiting from a tax exemption described herein is totally or partially destroyed or altered by other than the willful act or negligence of the owner or a representative, the owner shall, within 30 days, apply for a certificate of appropriateness to authorize reconstruction of the structure or site in accordance with the Secretary of the Interior's Standards for Rehabilitation, the construction codes of the City of Fort Worth and design guidelines. In the event that repair is not feasible, the owner shall, within 30 days, apply for a certificate of appropriateness to authorize demolition or relocation. For good cause shown by the property owner, the historic and cultural landmarks commission may extend the time for filing the application. The determination of whether repair is feasible or demolition should be allowed shall be made by the historic and cultural landmarks commission in accordance with the certificate of appropriateness criteria and procedures set forth in section 4.507. In cases where a certificate of appropriateness is issued for demolition or relocation because repair is not feasible, repayment of the tax revenues and interest is not required. 3. Public safety hazard. The provisions shall not limit the authority of the building official or the 'superintendent of the code compliance division to take action concerning structures or property which constitutes a public safety hazard. K. Monitoring system. The status of structures or sites benefiting from the tax exemptions described herein shall be monitored by the historic preservation officer during the period of the exemption to ensure continued compliance with the Secretary of the Interior's Standards for Rehabilitation and the design guidelines for such structure. The historic preservation officer shall notify the owner of violations in writing 'and shall specify a deadline for correction of such violations. If satisfactory corrective measures are not undertaken within the time specified by the historic preservation officer, the historic and cultural landmarks commission shall initiate procedures to terminate the city tax exemption and require payment of the city taxes, plus interest calculated at the rate of ten percent per year, pursuant to the terms of the commitment to repay. L. Transferability of tax benefits. The benefits of this city ad valorem tax incentive program relating to 'structures designated highly significant endangered and historic and cultural landmark and structures located in an historic and cultural landmarks district are transferable and run with the property. http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 3 of 3 (Ord. No. 13896, 1'©-12-99; Ord. No. 15139, §§ 1-3, 6-18- Sec. 4.507. Certificates of appropriateness. A. Activities requiring certi><cate of appropriateness. No person shall carry out any of the following work 'without obtaining a certificate of appropriateness issued by the historic and cultural landmarks commission in accordance with the provisions of this section: 1. Demolition or relocation of a site or structure designated or pending designation as highly significant endangered, historic and cultural landmark or demolition delay or located in an area designated or pending designation as an historic and cultural landmarks district; 2. Repair (other than ordinary repair), reconstruction, alteration, addition, stabilization, restoration or rehabilitation of a structure or property designated or pending designation as highly significant endangered or historic and cultural landmark or located in an area designated or pending designation as an historic and cultural landmarks district; .3 ,. 3. New construction on real property which is located in an area designated or pending designation as an historic and cultural landmarks district or on land necessary for access to and use of a structure designated or pending designation as highly significant endangered or historic and cultural landmark; or 4. Material changes in any doors, roofs, windows, stonework, woodwork, light fixtures, signs, sidewalks, fences, steps, paving and/or other exterior elements visible from a public right-of-way which affect the appearance and compatibility of any structure or property designated or pending designation as highly significant endangered or historic and cultural landmark or located in an area designated or pending designation as an historic and cultural landmarks district. B. Certificate of appropriateness not required for ordinary repairs. No certificate of appropriateness is required for ordinary repair and maintenance of any structure or property if the proposed work does not involve a change in material, configuration or outward appearance. In -kind replacement or repair is .considered to be ordinary repair and maintenance. Requests for permits for repair or maintenance of a structure or property which is designated or pending designation as highly significant endangered or historic and cultural landmark or which is located in an area designated or pending designation as an historic and cultural landmarks district shall be reviewed and approved by the historic preservation officer prior to issuance of the permits in order to determine whether a certificate of appropriateness is required. C. Other permits required. The certificate of appropriateness required by this article shall be in addition .to any other permit or approval required by state or federal law. A certificate of appropriateness, where required, must be obtained prior to the approval of any building, demolition, relocation or other permit that is required by any code or ordinance of the City of Fort Worth. .D. Limitation of term of certificate. The historic and cultural landmarks. commission may limit the term for which a certificate of appropriateness is valid. E. Application procedure for certificate of appropriateness. Prior to the commencement of demolition, relocation, repair, reconstruction, or any other work requiring a certificate of appropriateness, the property .owner shall file an application for a certificate of appropriateness with the historic preservation officer. The application will not be accepted until the application is determined by the historic preservation officer to be complete and correct. The application shall contain the following information, any of which may be waived by the historic preservation officer. http://fws.municode.com/CGI-BIN/om isapi.dil .. 11/7/2002 DocumentFrame Page 1 of 4 CODE City of FORT WORTH,, TEXAS Codified through Ord. No.,_15254, adopted Sept. 24, 2002, (Supplement No..4�, Update 1) APPENDIX A ZONING REGULATIONS* CHAPTER 4. DISTRICT REGULATIONS` _. ARTICLE 5,. HISTORIC_ PRESERVATION.OVERLAY DISTRICTS ("H_SE,"."HC,° "DD") Sec. 4,507. Certificates, of appropriateness. 1. Name, address and telephone number of the 2. Address and legal description of the 3. Site plan showing the location of the structure or d. Photographs of all four elevations of the structure or property and adjacent structures or property; ,; 5. Detailed description of the proposed work (not applicable 'to demolition or 6. Elevation drawings of the proposed changes, if - .7. Samples of, or appropriate information concerning, materials to be used (not applicable to demolition or relocation); R. Rationale for why the structure or property is no longer historically, culturally, architecturally or archaeologically significant or proof of economic hardship, if applicable; 9. Rationale for why the proposed change is compatible with designation as highly significant endangered or historic and cultural landmark; 10. Any other information which the historic and cultural landmarks commission or staff deems reasonably necessary to visualize and evaluate the proposed work; and 11. Signature of the owner verifying that the application is complete and 'F. Procedures for demolition or relocation. 1. Historic and cultural landmarks commission hearing. The historic and cultural landmarks commission shall conduct a hearing concerning an application for a certificate of appropriateness for demolition or relocation within 45 days after the application is filed, or as soon thereafter as is reasonably practicable. The historic and cultural landmarks commission may delay the hearing for a reasonable time if the historic and cultural landmarks commission finds that all parties who have an interest in the structure or property are not present or that additional information is needed by the historic and cultural landmarks commission in order to evaluate the application. 2. Erection of signs concerning proposed demolition or relocation. The city manager or a designee shall direct the erection of at least one sign upon each property for which an application has been filed seeking a certificate of appropriateness for demolition or relocation of a structure or property. Where possible, such sign or signs shall be located in a conspicuous place or places upon such property at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property. Such sign or signs shall be so erected not less than ten days before the date set for public hearing before the historic and cultural landmarks commission. All such signs shall be removed subsequent to the withdrawal of the application or final action on the application by the historic and cultural landmarks commission or the city council, on appeal. Such sign or signs shall substantially indicate that an application is pending for demolition or relocation of the structure and shall further set forth that additional information can be acquired by telephoning the number indicated thereon. Such erection and/or the continued maintenance of any such sign or signs shall not be deemed a condition precedent to the holding of any public hearing, http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=H storical&aquery=Historical&... 11/7/2002 DocumentFrame to the approval or denial of the certificate of appropriateness or to any other official action concerning- such application. No sign shall be erected concerning applications for certificates of appropriateness for work other than demolition or relocation. 3. Testimony by interested parties. The owner and all persons or entities who have executed a purchase contract or option contract for purchase of the property, or their representatives, shall appear at the hearing. The owner, such potential buyers and all other interested parties, including local preservation groups, will be heard concerning the proposed demolition or relocation. The historic and cultural landmarks commission may request evidence conceming plans for the development of the property. 4. Decision of historic and cultural landmarks commission. At the conclusion of the hearing, or as soon thereafter as is reasonably practicable, the historic and cultural landmarks commission shall take one or more of the following actions: a. Issuance of certificate of appropriateness for demolition ofnon-essential element: The historic and cultural landmarks commission shall issue a certificate of appropriateness for demolition or relocation of property classified as anon -essential element in the design guidelines for an historic and cultural landmarks district or property designated highly significant endangered or historic and cultural landmark, subject to compliance by the owner with such guidelines. b. Issuance of certificate of appropriateness for loss of significance: The historic and cultural landmarks commission shall issue a certificate of appropriateness for demolition or relocation of property designated highly significant endangered, ,historic and cultural landmark or demolition delay if the historic and cultural landmarks commission finds that the structure or property is no longer historically, culturally, architecturally or archaeologically significant. In making this determination, the historic and cultural landmarks commission must find that the owner has established by a preponderance of the evidence that the structure or property has undergone significant and irreversible changes which have caused it to lose the historic, cultural, architectural or archeological significance, qualities or features which qualified the structure or property for such designation. Loss of significance is not grounds for issuance of a certificate of appropriateness for demolition or relocation of structures or sites located in an historic and cultural landmarks district, unless the historic and cultural landmarks commission finds that the district as a whole is no longer historically, culturally, architecturally or archaeologically significant. c. Determination of unreasonable economic hardship: If the historic and cultural landmarks commission finds that an owner of property designated highly significant endangered or historic and cultural landmark is not entitled to a certificate of appropriateness as a result of loss of significance, the owner shall have the right to introduce evidence to establish that the owner will suffer an unreasonable economic hardship if the certificate of appropriateness is not issued for the proposed demolition or relocation. In addition, owners of property located in an area designated or pending designation as an historic and cultural landmarks district shall have the right to introduce evidence to establish that the owner will suffer an unreasonable economic hardship if the certificate of appropriateness is not issued for the proposed demolition or relocation. The owner shall have the burden of establishing by a preponderance of the evidence that an unreasonable economic hardship exists under the criteria set forth in section 4.508. If the owner does not establish that an unreasonable economic hardship exists, the certificate of appropriateness shall be denied. If the owner does establish that an unreasonable economic hardship exists, the historic and cultural landmarks commission may delay the issuance of a certificate of appropriateness for up to 180 days from the date of the historic and cultural landmarks commission hearing. d. Delay of demolition of demolition delay property: The historic and cultural landmarks commission may not deny an application for a certificate of appropriateness for demolition of property designated or pending designation as demolition delay. However, the certificate of appropriateness may provide that issuance of a demolition permit may be delayed for up to 180 days after submission of the application in order to permit the historic and cultural http:/1fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 3 of 4 landmarks commission, city staff, local preservation groups and other interested parties to ex)51ore alternatives to demolition or relocation with the owner and persons or entities who have executed a purchase contract or option contract for the purchase of the property, or their representatives. The delay period, which shall not exceed 180 days, shall commence on the date on which an application for a certificate of appropriateness is filed with the historic preservation officer. In determining the length of any such delay, the historic and cultural landmarks commission shall consider whether delay of such certificate of appropriateness will cause unreasonable economic hardship to the owner. Notwithstanding any other provisions of this section to the contrary, in no event shall issuance of a demolition permit for property designated or pending designation as demolition delay be delayed for more than 180 days after submission of an application for a certificate of appropriateness. 5. Consultation concerning alternatives during delay periods. During any period for which demolition has been delayed, the owner, all persons or entities who have executed a sales contract or option contract for purchase of the property and the developer, or their representatives, shall meet with the historic and cultural landmarks commission and city staff, in consultation with local preservation groups and interested parties, iri order to explore anjrtalternatives to demolition or relocation which may provide economically viable uses for the structure or property. The burden shall be on the city to recommend a plan to alleviate the unreasonable economic hardship. City staff shall assist the historic and cultural landmarks commission and the owner by performing the studies required to develop a viable alternative plan. Such plan may include, but is not limited to, property tax relief, loans or grants from public or private resources, acquisition of the property by purchase or eminent domain, building code modifications, changes in applicable zoning ordinance provisions, including a transfer of development rights, or a variance from provisions of the zoning ordinance, to allow reasonable beneficial use of the structure or property. At the end of any delay period, if a suitable alternative plan acceptable to the owner has not been approved by the historic and cultural landmarks commission, the historic and cultural landmarks commission shall issue the certificate of appropriateness for demolition or relocation. 6. Conditions for issuance of certificafe of appropriateness. As a condition for issuance of a certificate of appropriateness for demolition or relocation of a site or structure designated or pending designation as highly significant endangered or historic and cultural landmark or located in an area designated or pending designation as an historic and cultural landmarks district, the historic and cultural landmarks commission may require the preparation of a salvage plan, documentation of the property and/or the preservation of trees, shrubs and other landscaping of substantial significance. Such conditions shall be in compliance with all other city codes and ordinances. 7. Documentation of properties to be demolished or relocated. a. Documentation required for all highly significant endangered and historic and cultural landmarks: Unless the historic and cultural landmarks commission determines otherwise, the property owner shall file the following documentation with the historic preservation officer, at the owner's expense, as a condition for the issuance of a certificate of appropriateness for the demolition or relocation of any structure or property designated or pending designation as highly significant endangered or historic and cultural landmark or located in an area designated or pending designation as an historic and cultural landmarks district, other than anon -essential element: i. Photographs of the structure, property or features to be ii. Written documentation of the architecture of the structure or property; iii. Documentation that the site has been rezoned (e.g., "PD" Planned Development), replatted, variances granted or that other development requirements have been met. b. Additional documentation required for certain highly significant properties: Unless waived by the historic and cultural landmarks commission, in addition to the information required above, the property owner shall file the following documentation with the historic http://fws.municode.com/CGI-BIN/om� isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 4 of 4 preservation officer, at the owner's expense, as a condition for the issuance of a certificate of'�appropriateness for the demolition or relocation of any structure designated highly significant endangered or any structure designated historic and cultural landmark which was determined by the city council at the time of designation to comply with five or more of the criteria set out in section 4.502D: i. Significant or on the property; background of past owners and events in the structure http://fws.municode.com/CGI-BIN/om� isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame CODE City of FORT WORTH,_TEXAS Codified through Ord. No._15,254, adopted Sept. 24, 2002.. (Supplement No.. �''�, Update 1 } APPENDIX A ZONING REGULATIONS* CHAPTER 4. DISTRICT REGULATIONS* ' ARTICLE 5, HISTORIC.PRESERVATION,OVERLAY DISTRICTS ("HSE," "HG," ".DD"} Sec. 4.507. Certificates.of appropriateness. ii. Scale drawings of the floor ii. Scale drawings of the exterior Page 1 of 4 iv. Scale plan indicating the dimensions of the site and exact location of each structure, property and landscape feature on the site; and v. Any other information which the historic and cultural landmarks commission may deem reasonably necessary to record the proposed demolition or relocation, such as documentation in accordance with the Historic American Building Survey (NABS) or Historic American Engineering Record (HAER). c. Demolition delay: Owners of property designated demolition delay who have received a permit to demolish or relocate such property shall cooperate with city staff to document such property prior to the demolition or relocation. Such owners shall grant access to the property to city staff during reasonable business hours in order to facilitate such documentation. 8. Expiration of demolition permit. In the event that the owner of property designated demolition delay allows a valid demolition permit to expire without demolishing the property, such owner and subsequent owners of the property shall not be subject to the 180 day demolition delay with regard to applications for a demolition permit submitted to the appropriate city official within three years following expiration of such permit. �G. Procedures for work other than demolition or relocation. 1. Historic and cultural landmarks commission hearing. The historic and cultural landmarks commission shall conduct a hearing concerning the application for a certificate of appropriateness for new construction, repairs, reconstruction, alteration, addition, stabilization, restoration or rehabilitation of a structure or property designated or pending designation as highly significant endangered or historic and cultural landmark or located in an area designated or pending 'designation as an historic and cultural landmarks district. Such public hearing shall be held within 45 days after the application is filed, or as soon thereafter as is reasonably practicable. The historic and cultural landmarks commission may delay the hearing for a reasonable time if the Commission finds that all parties who have an interest in the structure or property are not present or that additional information is needed by the historic and cultural landmarks commission in order to evaluate such application. 2. Testimony by interested parties. The owner and all persons or entities who have executed a sales contract or an option contract for the purchase of the property, or their representatives, shall appear at the hearing. The owner, such potential buyers and all other interested parties, including local preservation groups, will be heard concerning the proposed work. 3. Criteria for issuance of certificate of appropriateness. In considering the application, the historic and cultural landmarks commission shall determine whether the proposed work complies with the design guidelines for an historic and cultural landmarks district or individual property designated historic and cultural landmark or highly significant endangered. In addition, the historic and cultural landmarks commission shall consider, where applicable, the following criteria, which are based on the Secretary of the Interior's Standards for Rehabilitation: a. A structure or property shall be used for its historic purpose or be placed in a new use that is permitted under the zoning ordinance. Such use shall require minimal change to the http://fws.municode.com/CGI-BIN/om isapi.dll? .. 11/7/2002 DocumentFrame Page 2 of 4 defining characteristics of the structure, property, site and environment. b. The historic character of a structure or property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a structure or property shall be avoided. c. Each structure or property shall be recognized as a physical record of its time, place end use. Changes that create a false sense of development, such as adding conjectural features or architectural elements from other structures or property, shall not undertaken. d. Most structures and property change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. e. Distinctive features, finishes and construction 'craftsmanship which characterize a structure or property limits permitted by applicable codes and ordinances. techniques or examples of shall be preserved within the f. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials, provided such materials meet other applicable codes and ordinances. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence. g. Chemical or physical treatments, such as sand -blasting, which cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. h. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. i. New additions, exterior alterations, or related new construction shall not destroy historic materials which characterize the structure or property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the structure or property and its . environment. j. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic structure or property and its environment will be unimpaired. k. New construction which takes place after demolition or removal of a structure or property in an historic and cultural landmarks district has been approved must comply with the design guidelines for such district. In addition, new construction which takes place after demolition or removal of a structure that is an accessory use to a structure designated highly significant endangered or historic and cultural landmark must comply with the guidelines, in order to maintain the historic character of the designated structure. In the event that a primary structure designated highly significant endangered or historic and cultural landmark is demolished or removed, new construction on the site shall not be required to comply with the design guidelines. 4. Decision of historic and cultural landmarks commission. At the conclusion of the hearing, or as soon thereafter as is reasonably practicable, the historic and cultural landmarks commission shall take one or more of the following actions: a. Issuance of cerfificate of appropriateness: If the historic and cultural landmarks commission finds that the proposed work will comply with the criteria listed in paragraph 3 above and applicable design guidelines, the historic and cultural landmarks commission shall issue a certificate of appropriateness for the work, with or without conditions. http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumenTrame Page 3 of 4 IDS Relief from certificate of appropriateness requirements: If the historic and cultural lardmarks commission refuses to issue the certificate of appropriateness on the ground that the proposed work will not comply with the criteria listed in paragraph 3 above and any design guidelines for the property, the owner shall have the right to seek deviations from the criteria and design guidelines from the historic and cultural landmarks commission. In order to be entitled to a deviation from the guidelines, the owner must prove by a preponderance of the evidence that he will have no reasonable opportunity to recover the cost of the proposed work if he is required to perform the work in accordance with the criteria and the design guidelines. If the historic and cultural landmarks commission finds that the owner has failed to satisfy this burden of proof, the certificate of appropriateness will be denied. If the historic and cultural landmarks commission finds that the owner would have no reasonable opportunity to recover the cost of the proposed work if performed in accordance with the criteria and the design guidelines, the historic and cultural landmarks commission may grant a deviation from the criteria and any applicable design guidelines and may issue a certificate of appropriateness for the required work, with or without conditions. In determining whether to grant such a deviation, the historic and cultural landmarks commission may consider the cost to perform the work in compliance with the criteria and design guidelines, the value of the property, the ex%bnt to which a deviation is necessary to allow the owner a reasonable opportunity to'recover the cost of the work, whether granting the deviation will harm an existing or proposed historic and cultural landmarks district or property designated highly significant endangered or historic and cultural landmark and whether the proposed work is in harmony with the spirit and purposes of this article. The historic and cultural landmarks commission and city staff, in consultation with local preservation groups and other interested parties, shall explore with the owner, or a representative, alternatives for performance of the proposed work that will preserve the structure or property to the greatest extent that is economically feasible. If a deviation is granted, the certificate of appropriateness for the proposed work shall state the terms and conditions of the deviation. All deviations shall be in compliance with all other city codes and ordinances. 5. No authority to grant variance. The board of adjustment shall not have jurisdiction to grant any variance from the criteria listed in paragraph 3 or from design guidelines. H. Public safety hazards and emergency securing measures. 1. Emergency securing of property. The code compliance division may perform emergency measures in accordance with city codes to secure any structure designated or pending designation in accordance with this article which constitutes a public safety hazard. Such work shall be performed in such manner as to minimize damage to the structure's and architectural elements. A certificate of appropriateness is not required. The superintendent of the code compliance division shall give notice of such emergency securing measures to the historic preservation officer. 2. Notice of demolition by city. The City of Fort Worth shall not allow demolition, demolish or order to be demolished, in whole or in part, property designated or pending designation as highly significant endangered, historic and cultural landmark or demolition delay or located in an area designated or pending designation as an historic and cultural landmarks district as a public safety hazard, except in compliance with this paragraph H. The building official or the superintendent of the code compliance division shall notify the historic preservation officer of the intent to demolish such structure. The historic and cultural landmarks commission and the historic preservation officer shall be given an opportunity to discuss with city officials and the owner the feasibility of taking emergency measures to secure or stabilize the structure or property and to delay the demolition so that other alternatives may be considered. After any emergency measures are taken, the historic preservation officer shall meet with city officials to review the condition of the structure or property and any plans for rehabilitation. If, after ten days from the date of the notification to the historic preservation officer, the historic and cultural landmarks commission finds that no feasible plan for further protection of the structure or property has been developed, a certificate of appropriateness shall be issued by the historic and cultural landmarks commission for demolition of the structure or property. When appropriate, the historic and cultural landmarks commission may make a recommendation to the city council or other entities or persons about the feasibility of rehabilitation http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=Historical&aquery=Historical&... 11/7/2002 DocumentFrame Page 4 of 4 based on a report from the historic preservation officer. Demolition shall be the alternative of last resort and"shall occur only if there is no economically feasible way to rehabilitate the structure or property. I. Sa/vage plan. In connection with any certificate of appropriateness for demolition, relocation or other work on a structure or property designated or pending designation as highly significant endangered or historic and cultural landmark or located in an area designated or pending designation as an historic and cultural landmarks district, the historic and cultural landmarks commission may prepare and submit a salvage plan to the owner. Such plan may suggest salvage and preservation for reuse in restoration 'elsewhere, specified classes of building materials, architectural details, ornaments, fixtures and the like. The historic and cultural landmarks commission may require such owner to comply with the salvage plan as a condition for issuance of a certificate of appropriateness. Compliance with a salvage plan may not be imposed as a condition for issuance of a certificate of appropriateness for demolition of property designated demolition delay; however, the historic and cultural landmarks commission may reduce the maximum 180 day delay period in consideration of compliance by the owner with a salvage plan. 'J. Miscellaneous provisions. http://fws.municode.com/CGI-BIN/om isapi.dll?advquery=l�'istorical&aquery=Historical&... 11/7/2002 November 8, 2002 To: Sanger Downtown Area Committee Fr: Samantha Renz, Assistant City Secretary ' Re: Attached Ordinance The attached ordinance is from the City of Bastrop. I received this after the packet was put together. Please review for the meeting. 11/08/2002 15:33 5123216684 CITY OF BASTROP PAGE 02 As to e .'I 1 f h• to L j ` ORDINANCE NO. 9 8 - 4 2 AN ORDINAE AMENDING AND SUPERSEDING THE Hp, HIS OIZIC 1"RESERVATIO OVERLAY SECTIONS OF EXHIBIT A. CHAPTER 12, Z mNG ORDINANCE, THE CITY OF BASTROP CODE OF ORDINANCES OF 1 AS AMEND C0CAIING THE BASTROP HISTORIC LANDMARK CONS ION; FROVIDING TAC INCENTIVES TO ENCOURAGE HISTORIC PRi?SERVA ON; ESTABLISHIN ENALTIES FOR VIOLATIONS; AND PROVIDING AN 13FFETIV1✓ DATE.' WIHIREASI a lefir 211, TB ODE, Section 211,b03 that in the case o signated places and areas of historical, cultural, or architectural in and significance T be governing body of a municipality may regulate the corgi reconstruction, at ation, or razing of buildings and other structures; and WiIEREAS, the !?y Council of the City of Bastrop, Texas, finds it necessary to enhane the public health, sa► and welfare of the City ` through the preservation of historic and c tural structures and p s, to protect and enhance property values through the restoratio�i and rehabilitation of `W icant and historic landmarks, and to increase the vitality and toprism attraction to the and its historic areas; NOW THEREFORE: BE IT ORDAINI�� BY THE CITY COUNCIL OF THE CITY OF BASTROI?, p� l: 'That the„, .strop City Code, Chapter i2, Exhibit "A," honing Ordinance, ,Article II, Section 20i, "E ' lishment of Districts," HP, Historic Preservation Overlay, # "�I 'eby amended and su�i' �seded by the Historic Landmark Preservation Ordinance, which i shall hereafter read as tditows: HISTORIC T AI�IDMAIItI� PRESERVATION i a Section X. General The City Council � i Bastrop hereby declares that as a matter of public policy -the protection, enhancement, and ?rpetuation of landmarks or districts of historical amd cultural importanei and significance is ne ` �fiary to promote the economic, cultural, educational, and general welfare of the public. It is rec ' d that the City of Bstrop represents the unique confluence of time and place that shaped ( e identity of generations of citizens, collectively and individually, and produced signiiic : ; thistonc, architectural, and cultural resources that constitute their he ri age. This act is intend to. (1) pro t and enhance the landmarks which represent distinctive elements of thef City of Bastrop's histoi + architectural, and cultural heritage; (2) fostcivic pride in the accomplishments of the past; PACg 1 OF 16 n 11/08/2002 15:33 5123216684 CITY OF BASTROP PAGE 03 4 (! f � -ry �t ,3t t ^ o (3) Pt and enhance Bastrop's attractiveness to visitors, thereby supporting and stimulating the a nomy; I (4) in the harmonious, orderly, and efficient growth and development of the city; (S) pri ode economic prosperity and welfare of the community• by encouragIg the most apptopriatee of such property within the city; (6) en 1 r4 w ge stabilizationi, restoration, and improvements of such properties aril their I 2 • h ,'• The following deitions shall apply to this ordinance. Alteration: A p>A�`ieal change in or w the exterior of a building. Axehitectural conol: Regulations governing the appearance or architectural style of or structures, �: !; Building: Abu' ` , g, such as a .house, barn, church, hotel, or similar construction is c I ated to shelter any fon ; f human, activity. Building also may be used to refer to a historically and functionally arelat :unit, such as a courthouse and jail or a house and bam. i h'ct: I: A Case law: This i e body of law developed through hearings and judgments of specificat Ssues (cases) by courts +' .,I, Certificate of LaridLLI cqt trti •�• Demolition: An destroys a part � architectural intee Design review: 1Q�al u4Vernn ordinance - Fileoorlc tandroarl t l lateness: A signed and dated document evidencing the approval for work proposed by an owner of applicant. A document or series of documents prepared by a plaiwing foz th policies for the future of a community. or process which destroys a site or structure in its entirety, ox site or structure add permanently impairs its structural, histc •' et tt:•st• , e - err -r r :r r'r '� ettrr r"r . t' itt z t r r e r Ir e r r.t ues: These are a set of guidelines adopted by the commission, that of designated properties, They are usually generously illustrat at would be understood by most property owners. PAGH 2 OP ib or of ;rt 11/08/2002 15:33 5123216684 CITY OF BASTROP PAGE 04 4 it 4 District: A dis dIct possesses a sign�ifiicant concentration, linkage, or continuity oil sites, buildings, structs, or objects united historically or aestheticallyb development, �: Y plan or p,*ysical Historic lariiA structure, building or site which satisfies two or more of the criteria set out in Section 2, sparagraph C,2, and which is designated as such in accordance with this Y; ordinance. Historic property; A district, site, building, structure, or object significant in Arz�rican history, architects 4, engineering, archeology, or culture at the national, state, or local Level. Historic resourcLil This generally is the same as a historic property. It includes axchitetural, historical, and art4i ological properties as well as landscape features. v Integrlty; The aenticity of a property's historic identity, evidenced by survival of physical characteristics that fisted during the property's historic or prehistoric period. Inventory: A li$(5of historic properties that have been identified and evaluated as meeting specified criteria ` significance. Object: The telt 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 constricted. Although it may 1+ by nature or design, movable, an object is associated with a specific betting or enviromnent, atah as statuary in a designed landscape. t, Ordinary maint tance: This generally refers to activities relating to a property that would be considered ordina'; or common for maintaining the property, such as the replacement of a porch floor with identic or in -kind materials. It also may include other activities such as painting. Overlay zones: A, et of zoning requirements that is described in the ordinance text, is mapped, and is imposed iz.idition to those of the underlying district. Development within the ova erlay zone must confor ;to the requirements of both zones or the more restrictive of the two. Police power: authority of govcrnment to exercise controls to protect the public's hiralth, safety, morals, n",general welfare. Preservation: Tlua;act or process of applying measures to sustain the existing forut, integrity, and material of a ti�ilding ar struetuxre, and the existing form and vegetative cover of a site. it may include initi lIt'll ilization work, where necessary, as well as ongoing maintenance of the historic building saterials. Preservation pl iaigo This refers to the planning for the continued identification and evaluation of histoc properties and for their protection and enhancement. ' Ordi M= - Historic Landmaflr 'rborvation PAU 3 OF 16 2van\c:1CLIBNCs n\BASiROP\OM)SIH2s1OR7.ORD Jf6 { �r 11/08/2002 15:33 5123216684 i ; i F Rehabilitation: and its setting as or by the replaci SigaUM04Mt set out in S ordinance. Site:.A site is the or a building or it I possesses Wstorid; structure. Structure; The addition to those CITY OF BASTROP PAGE 05 act or process of accuratelANIFy recovering the form and details of a prpperty geared at a particular period of time by means of the removal of later work of missing earlier work. ! k: A structure, building, or site which satisfies two or more of the eiteria q, paragraph C.1, and which is designated as such in accordance with this i cation of a significant event, a prehistoric or historic occupation or activity, fiucture, whether standing, ruined, or vanished, where the location; itself cultural, or archeological value regardless of the value of any existing i I 'y i i ?m "structure" as used herein includes buildings and other structu$es in ilstructions usually intended for creating shelter. C. historic Irandii�ark Comrnissio Created There is hereby 1. dteated a commission to be known as the Bastrop Historic Landmark Commission. (1) Thy +commission shall consist of seven members, residents of the City of Bastrop, to be appointed by the Mayor with approval by the City Council as follows: one ,'hall be an architect, planner, or representative of a design profession; one 9batl be a representative elected by the Bastrop County Historical Society; i one sNll be a licensed real estate professional; one hall be an owner of an historic commercial structure or property; .; one :hall be an owner of an historic residential structure or property; 6,4 ons 'Mall be a member from the City's Planning and Zoning Commission; •i 'i one thall be a general resident of the City of Bastrop. (2) All!: Plommission members, regardless of background, shall have a known and demonstrated irate ot, competence, or knowledge in historic preservation within the City of Bastrop. (3) Co' ' ,2 ission members shall serve for a term of two years, with the exception that the initial term of .: o members shall be one year, and two members shall be three year, and ' the further excep " that the member on the Planting and Zoning Commission shall sere for a term concurrer� '4th that member's Planning and Toning Commission term. Otdbm= . Watoda i.andnmik, reservation PAGE 4 OF 16 21jem1C!W31ENTS.RRUMMOP1oRDS1E MX),R7.ORD !' 11/08/2002 15:33 5123216684 CITY OF BASTROP PAGE Min i I (4•) I by and from the (5) ora;n�-11:iew,ic I.aadn�rk I hainorxan, 'Vice Chairman and Secretary of the Commission shall be elected �tbers of the Commission to serve for one"year terms, omutission shall be empowered to. Prepare rules and procedures as necessary to carry out the business of the Commission, which shall be ratified by the City Council. Adopt criteria for the designation of historic, architectural, and cultural landmarks, which shall be ratified by the City Council. ` I I Conduct surveys and maintain an inventory oft significant bistoric, architectural, and cultural landmarks. l Recommend the designation of resources as significant landmarks and/or historic landmarks, Create comrnittecs from among its mertnbership anti. delegate to committees responsibilities to carry out the purpose of this ordinal Elect a Secretary of the Commission who shall maintain written minutes wJuch record all actions taken by the Comms5ion and the reasons for taping such actions, and fide a copy of said minutes with the i City Secretary. Recommend conferral of recognition upon the owners of landmarks by rxneans of certificates, plaques, or markers. Increase public awareness of the value of historic, cultural, and architectural preservations by developing and participating in public education programs. Make recommendations to the city government concerning the utilr Lion of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city. Approve or disapprove applications for certificates of appropriatepess, demolition or removal, and economic hardship pursuant to this act,' i Hold hearings on demolition by neglect pursuant to this act. i Prepare and submit annually to the City Council a report summarizing the work completed during the previous year, Propose lax abatements and other incentive programs for landmarks motion PAGE 3 OF 16 21jan1C:1CLMN ,RR\BA3'1'AOP\ORDS\HISMR7,ORD to f 11/08/2002 15:33 5123216684 CITY OF BASTROP PAGE 07 (n) Make recommendations for employment of staff and rofe' tonal consultants as neces to p sarq carry out the duties of the Commission (oY1, Prepare and adopt des' p p gn guidelines for the exteriors of historic .:,.< landmarks, to address architectural and genieral design elesne lts of ` structures, including acceptable materials for construction; app r `Hate :,, architectural character, scale, and detail; acceptable appurtenattes or j 3 additions to new or existing structures; and acceptable textured and s T tangs may be Commission met the �►e Chairman. working in coo,, Comissi mon on � addition to ; coordinating the Iocal, state, and o�lanientatian, ommissian shall meet at least monthly, if business is at hand, Special 11ed ac y tune e-�rrau�m an, o on the written request of any two ers. All meetings shall be held in conformance with the Texas iOpen Government Code, Chapter 551. drum for the transaction of business shall consist of not less than a m4ority membership. ; istoric Preservation Officer e Commission shall serve as historic preservation* officer. This officer, Lion with the. City Planner, shall administer this ordinance and advi a the Viers submitted to it. :j There shall be t�v; archaeologically . sin? (1) Sigpi i (2) HistC�t (z) Otdit►ante - Htsmric Lar►dmacli ig as representative of the Commission, the officer is responsible for. s preservation, activities with those of state and federal agencies and; with ►naI nonprofit preservation organizations, Section 2. Categories of 1ProteetIon categories of protection for historically, culturally, scant properties ins the City of Bastrop, as follows: or pRed in order to determine whether structures qualify for designatio as a or Historic Landmark are as follows, i sgnificance in history* architecture, archeology, or culture, PAO44 Q OP 16 s;wm%C:TS.RRIBASTROP%VfLU3 U3IUAIOVKU 11/08/2002 15:33 5123216684 ':I CITY OF BASTROP IJeTcT � :: (2) Is patterns of local, (3) Is (4) COnstit1Ct10n. (5) (�) ("� Ts Landmark, or is (1} Sigmif cant i 1 d with events that have made a significant contribution to theEbroad state, or national history. � E with the lives of persons significant is, our past. the .distinctive characteristics of a type, period, or method of the work of a master designer, builder, or craftsman. an established and fami}iar visual feature of the city. �.t ;d as a Recorded Texas Historic Landmark or State on the National Register of Historic Places. dual Ca gorier � a�..Landdplmark � - A structure, buil or site ma be desi to � as a �S y � if it meets two or more of the criteria set out in subsection B. (2) H' ' � dm,� - A structure, building or site maybe designated as att H' tonic Landmark if it ha, :ready ;naet the criteria as a signifi�nt stru�e by the City of Bastrop and, ,, . if the owner of s�� property agrees to the additional designation of Historic Lanch�.ar and #hereby agrees to mply with all procedures for a Certificate of Appropriateness. ,� ..d Desi ratio j ant La _, ,n o �. � m tc z lts �� i �:,.� , (1) '1'h�! provisions pertaining to the designation of Significant Landmarl�s co�titute a pant of the comp�ensive zoning orduaance and the official zoning map of the City of Bastrop. •11' IIf' • • • I. t / 1' 1 . 1 1 1 •' / • / 1 . 1 • 1 (3) UI shall be submittel of the designation off. the pz'Qposed c the Commission. same procedures The Zoning Co1x (45) days subseq� 1 • `i . 1 /1 1 " • 1111 11 1 • 1' i' 0 ` / 1 / � ' �.' � • 1 • it • • • • 1 • 11 1 I • • � • 1 • 11 11 • / . .. • . 11 ' i 1 i 1 � • 1 1 . It 11 . 1 1 1 � • : • . 11 � • : � • • . 1 1 . it : : • H 11 ' ,.� • 1 • i - • 1 1 1 � brdinerx'.e - Hiarotic i.mldnmff��freac>:veaou PAOB 7 OF 16 � 1" /' �U " r i, 11/08/2002 15033 5123216684 CITY OF BASTROP PAGE 09 4 -,1 �i j _• S (4) '1ity Council shall schedule a hearing on the Commission's recommendation to be held withfortyfive (45) days of receipt of the recommendation of the . honing Commission. Thy !sty Council shall give notice, follow the publication procedure, hold haring, and make its de ; mationin the same manner as provided in the general zoning ordin&nce of the City of Bast�rn _{ i (5) Upo designation of a structure as a Significant Landmark, the City Council shall cause the designa to be recorded in the Official heal Property Records of Bastrop County, Texas. All zortis;'#naps shall be amended to indicate the Iocation of the designated ststtctures with an appropr mark, and the property owner shall be notified in writing of such designation. =. (6) Up a'•, designation of a structure as an Historic Landmark, the City Council shall cause the designatiit� to be reflected in the tax records of the City of Bastrop. All zoning maps shall be amended t;indicate the location of the designated structures with an appropriate mark, and the property.cter shall be notified in writing of such designation. J •S E. Designation of Historic Landmarks (1) Foi1w,ing designation of a structure as a Significant Landmark, the owner/owwners of said structure lot make application to the Commission for designation as an Historic Landmark. (2) Upo� receipt of a completed application for Historic Landmark designatiof�, aiud approval of said ? lication by the Commission, the owner/owners of said property may; enter into a contractual I ` eement with the Commission to maintain the property according to design guidelines adopted , the Landmark Commission. Upon completion of this agreement and with the approval of „ : Y Councll, the owner/owners of said property shall be entitled to all incentives contain in Section 3. I I (. F Relationship of3eSIR pations to Zoning .l (a) De tation'of a structure by the City Council as a Significant Landmarklor an Historic Landmaurk'Is intended as a zoning overlay which supplements the prbmxy vndesiyi�g zoning district clais'ification. The permitted uses of the property shall be determined and controlled by the:rse regulations set for the primary zoning district classification fbr the property.it (b) If t,h&e is any conflict between the design guidelines and any provision pf the Zoning Ordinance,; °the most restrictive regulation shall apply. (c) If re is any conflict between the provisions of this Section and any i other provision of the i ining Ordinance, the most restrictive regulation shall apply, in the ase= of a specific direct' ' e to the contrary. The designation of a property shall be subject to review by the CommisOn, the Plashing and Zoning Commission shall then recommend; such �f ordirm=- Historic Lamnu�lc Ormcriation PAGE 8 OF 16;0=\C:\C'LMN73.RR\BAMOP\ORDSU=QR7.ORD 11/08/2002 15:33 5123216684 CITY OF BASTROP PAGE 10 1 Pill �1 designation to Ca Coun ' , who shall be the thorny, in accordance with the zoning Ordinance and S`i e a '�» ... Section 3. Incentives for $'storic LandmarksVla The purpose of ilk` section A4 to encourage historic preservation by providing incentives i€or the stabilization, reba: litation and renovation of properties designated as Historic Landmarks, B. Incentives (i)ption from City Taxes on Structure - A structurewdesignated as an historic landmark may bd 0' empt from a portion of the ad valorem taxes owed to the City of Bastrop, commencing on tk first day of the tax year following such designations, and following passage by Council of am, dinance declaring such an exemption. The exemption shall relate oily to taxes owed on th assessed value of the qualifying structure. The exemption still be administered m tii:ozn1 of a refund by the City of a portion of the taxes paid on the goal}Eying structure, All sot refunds shall be based on a uniform percentage of the assessed value, determined by th04;ISCity Council, each budget year, which can be financed by the amo4nt of general funds apt. ; priated for such refunds, It is expressly provided, however, than such refunds shall be 1. less than Q. 15 o and no greater than 0.2245% of the assessed value of the qualifying structured: The assessed value of the land on which such structure is located shill not be exempt from 1' ad valorem taxes pursuant to this section. Eligibility for suc tax exemption shall re ' ire compliance with all requirements of this Ordinance, including Sect4on S. (2) Hint kic Landmark Marker - Owners of Historic Landmarks shall be presented with an official C of Bastrop Historic Landmark marker to so designate their structure; All costs of said marl9 shall be borne by the City. C. ReviQ by Cit ,� oUP01- Upon completion of the Historic Landmark agreement, the Historic Preservation Offi ° 0,small forward the completed agreement to City Council for final appnt;oval, Approval by co shall constitute a finding that the structure is an historically significant site In need of tax relic in accordance with Section 11a24 of the Texas Property Tax Code. 1 Ile City Manager sh* ;;insure that written notice of approval of the tax incentive is given to the Chief Appraiser d he Bastrop County Appraisal District and to the City of Bastrop Finance 17irector. Therethe City of Bastrop shall provide the property with documentation cif the applicable tax me ' ve commencing on January 1 of the tax year immediately following thci year iIn which the agree' 'ent is finalized. All l iF Ordn an" • Mtork Landman:, Lervation PAGE 9 OF 16 2vcm1C:1CLI)1PM.RR\RAMOPI0RUS1HiTr07.ORD 15:33 5123216684 CITY OF BASTROP PAGE 11 incentives in a« totally or per; Appropriateness landmark is alt Appropriateness and• he will no t City Tax revenu annual rate of to designated I�ist� owner of an H!, tax benefits. If however, no rel '.a A Requirement cal yMIS No person shall car or relocation, of ail signs, fences, or ! appearance and G; Appropriateness. it D. Criteria for Aot . In considering ani . guided by any ado ' of the Interior's standards and Se , historic landmarks, _ (1) E� requires minirttat - Iia order to mainiaizn eligA sauce with this ordinance, the owner and his representative shall not destroy an Historic Landmark without an approved Certific Demolition Permit during the period of the exemption. In the event I d or totally or partially destroyed without an approved Certific Demolition permit, the owner shall restore the structure to its origin; er be entitled to the incentives, immediately repaying to the City all that were not paid because of the exemption plus interest calculate( ercent (10%). Uldmark are transferable and run with the property, .1W landmark must vAw"�ow.� NOW 4111, -:.-�However, eve owner does not enter into such an agreemw, the tax benefits will f past tax benefit amounts will be due from the new owner. Section 4., Certificate of Appropriateness out any construction, reco.�astructiou, alteration, restoration, rehabili Historic Landmark, nor shall any person. make any material change per exterior elements visible from a public right-of-way wb-ich afft �siveness of any Historic Landmark without an approved Certific licatiou fox a Certificate of Appropriateness, the Commission design standards, and where applicable, the following from The Se ards for the Rehabilitation of Historic ,buildings. Any adopted y of the Interior's Standards shall be made to the property ow reasonable effort shall be made to adapt the property i�a a manner ration of the building, structure, object, or site aznd its environmeu. [le br to of at the to of state >f the at ann 0 of (2) 'lYh�.�istingtnishing original qualities or character of a building, structure, object, or site and its en 1�nment shall not be destroyed. The removal or alteration of any historic material or distin �; : e architectural features should be avoided when .possible, (3) A111 iidin s, structures, objects, and sites shall be recognized as products ofithedr own time. Alterat# s that have no historical basis and which seek to create an earlier orflater appearance shall U discouraged. t)rdinencc - i�i8toric I andmatic ovation PADS 10 OF ib 2\ o=\CAC1IdMNN1tR%AM0A0RD51HI5 0 7.ORD :,IIA 15*33 5123216684 CITY OF BASTROP PAGE 12 Mstory and %aw yes m. i og�n=. (5) characterize a possible. In the being replaced v replacement of features, substan designs or the av possible. Sax materials shall Y ;{.ol ges which ma p y have taken lace in the course of time are evidence j of the went of a building, structure, object, or site and its environment. IThese acquired significance in their own right, and this significance shall be rrected. 22 (8) Eve resources affected, (9) G be discouraged architectural, or and character of (10) W or sites shall be in the future, the unimpaired. e stylistic features or examples of skilled craftsmanship structure, object, or site shall be kept to the greatest extent pn ated architectural features shall be repaired rather than replaced, wh¢rever replacement is necessary, the new material should reflect the material position, design, color, texture, and other visual qualities. Repair or g architectural features should be based on accurate duplications of by historical, physical, or pictorial evidence rather than on conjeictural ity of different architectural elements from other building or structures. �uxface cleaning of structures shall be undertaken with the gentlest ttieans Ming and other cleaning methods that will damage the historic building e undertaken, t reasonable effort shall be made to protect and preserve archeological or adjacent to, any project. nporary design for alterations and additions to existing properties shad not inn such alterations and additions do not destroy significant h istoocal, aural material, and such. design is compatible with the size, color, matrial, property, neighborhood, or environment, fiver possible, new additions or alterations to buildings, structures, objects, Ar in such a manner that if such additions or alterations were to be removed ntial form and integrity of the building, structure, object, or site wound be (1) No � ' 'ilding permit requiring a certifficate of approgriateizess shall be issued'until such certificate of ; •,propriateness has first been issued by the Carnmission. The certificate of appropriateness req,t ed by this act shall be in addition to and not in lieu of any building permit that may be requu by any other ordinance of the City of Bastrop. The building official ishall deny any applicat ' for a building permit to a structure or a site that requires, but does not have, a certificate; � appropriateness, (2) Prigo the commencement of any work requiring a certificate of appropriateness, the owner shall fi �'*n applicationp for such a certificate. The application shall contain* ` (a) :1s Name, address, telephone number of applicant, detailed description of proposed workit Ordinance - Hiamric T xadmuk avalon PAa811 OF 16 2\jpn\C:\CLM4TS.RRIBASTROP\ORDS\MSTO#7.DRD �i 11/08/2002 15133 5123216684 CITY OF BASTROP PAGE 13 (cj (e) (3) 'I'h within thirty (30) will be provided f with modification both review and a act within sevens granted. (4) A11 shah state its filial] copy shall be sent on that property a Location and photograph of the property changes, if available. y Elevation drawings, photographs, or illustrations of the proposed if available. c ages, Samples of materials to be used. 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 c materials to be used, method of illumination (if any), and a plan showing p the sign's location on the property. f Any other information which the Commission may deem necessary in order to visualize the proposed work. Commission relit" ` ' right to appeal in ' of such action. 'phe� and make its decis" city. ;. 17. Enforcement a (1) All o ordinance sb�all corn of the building ij compliance. In tho rr: appropriateness,. the shall immediately work is in effect.::. Ordinance •Historic Lm�dmar$1 =ommission shall review the application at a regularly scheduled znIeting ys from the date the application is received, at which time an opportunity, he applicant to be heard. The Commission shall approve, deny, or ap�rove ie permit, within forty-five (45) days after the review meeting, pro ,tiled, �n may occur at the same meeting. In the event the Commission dolls not ve (75) days of the receipt of the application, a permit will be detemed visions of the Commission shall be in writing, The Commission's dedision pertaining to the approval, denial, or modification of the application, A the applicant, Additional copies shall be filed as part of the public r cord dispersed to appropriate city departments, e.g., building inspection. �licant for a certificate of appropriateness dissatisfied with the action c}f the to the issuance or denial of a certcate of appropriateness shall have the ing to the City Council within thirty (30) days after receipt of notification Council shall give notice, follow publication procedure, hold hearings, in the same manner as provided is the general zoning ordinance the performed pursuant to a certificate of appropriateness issued under this to arty conditions or requirements included therein. It shall be the{dury �r or his designee to inspect periodically any such work to assure �t work is not being performed in accordance with the certificate of ding official or his designee shall issue a stop work order, and all work No further work shall be undertaken on the project as long as ai stop f 1'AOE 12 OF 16 2*MkC:1CLT&tM.RHXBAgMOnORDSkMT047.ORD 11/08/2002 15:33 5123216684 CITY OF BASTROP PAGE 14 -:. �. i (2) A�: corrective action! or requirements t (1) If jr or historic landx�h Conuinission. ' after the applicat�i days written noti� of repair of the b>a potential usefuin preserving the sir and all other facto If the Commissi repair would reY determines that demolition or re the removal of t] or a certificate c applicant withal �P work order ilia be lifted folio ' work, or other plans to briing the pro�j'eciuintoc oaapliance with the con�titsoxts ;the certificate of appropriateness or oilier approvals. I section 5. iDemalliion Permits 3' ` ov A 'cat' ure application is received for demolition or removal of a designated significant lc, the building offcial shall immediately forward the aPplicatioaa �o the �ammiissiio>a shall hold a public hearing on the application within thirty days is initially filed with the building official. The applicant shall be given ten of the hearing. 'The Commiissio>a shall consider the fiistorie value, thQ state sing, the reasonableness of the cost of >"estoration or repair, the exiisti,�g and including the economic usefulness, of the building, the reasods for ure as a significant. or historic landmark, the character of the zieighbQr�iQad, it finds appropriate, letermines, based on the evidence presented, that the cost of resto� the property incapable of earning a reasonable return, or if the con merest of Preserving historic values will nat be adversely affected �al or th,2it the interest of preservippg historical values can best be s� ructure to another specified location, it shall issue a certificate of de, oQoval to the building official, and the building off vial shall so ac days therefrom. (2) Tf ;ad' actioa has bee>a taken by the Commission within sixty days of o; receipt by the Ccf>�nriission of the application, a certificate of demolition or a certific removal shall be ��med issued by the landi�iark commission, and the building official sl advise the applicaint� . �.:� (3) A ; '�� a decision is reached by the Commission denying axi application. certificate of detn' . � tion or a certificate of removal (either of which may be appealed t� Council), a resub ' of application for such certificate will not be accepted. for add: hearing within a ` � �lve-month period from the date of final decision, unless the Comno determines, after >G�aewing a written request of the application, that there has been a cha ,:, conditions suffici�r�t, to warrant an earlier rehearing. ,;.< subsection A of the fire mazshal case, the city c structure or part regard to the "F3 may the City Ca Ordinance - Humric Landmark section shall not apply whenever the city engineer, the building offic: Beds under Bastrop City ordinances dealing with unsafe buildings. In i1, after the appropriate notice and hearing, may order the buildn :of repaired, removed or demolished as provided by City ordinance wi ie" desigz�tion on the building or structure or part thereof; but in no l take such action unless it deterriai�nes that the building or structure o� such d by the of so or a City in r•F or P'ACB S3 OP l6 2jkmIC:1CI.�NTs.RR�A3TitOPIORDs�FIIsi'p�t7,OxtA 11/08/2002 15:33 5123216684 CITY OF BASTROP PAGE 15 thereof is unsafe;; dangerous so as to endanger persons or property or is a fire hazard, and that such danger o hazard is so great and $o immediate that Subsections A of this be eircunrrventedi: '' section should prevent immediate and substantial harm to persons or property. Such a determination by, e City Council shall be final and there shall be no appeal, r <' r r ' Section 6. Economic Hardship A•conor ' chiication Procedure (1) A : r receiving written notification from the Commission of the denim of a certificate of appr � riateness, or an application to demolish, an applicant may commence the hardship process. :b building permit or demolition permit shall be issued unless the Commission makes a finding th ' hardship exists, () Widft a claim of economic hardship is made due to the effect of this ordinance; the owner must #y bye that: (a). the property is incapable of earning a Treasonable return,, regardloss of whether that return represents the most profitable return possible; @):;xjl the property cannot be adapted for any other use, whether by the current 1 owner or by a purchaser, which would result in, a reasonable return; and (c) `; efforts to find a purchaser interested in acquiring the property and preserving it have failed. 11. (3) The groups and int preservation of (4) Th days from the d� preservations offiC prepare a written the Commission s may be granted b (S) applicant by a Commission's (6) A Commission re1� in writing to the The City Counc decision in the s applicant shall consult in good faith with the Commission, local preservation fed panties in a diligent effort to seek an alternative that will result in property. Such efforts must be shown to the Commission: omrnission shall hold a public hearing on the application within sixty (60) the application is received by the either the building inspector or the i following the hearing, the Commission has thirty (30) days in which to icommendation to the building inspector or other official, In the event that s not act within ninety (90) days of the receipt of the application, a Oermit die building inspector. f cisions of the Commission shall be in writing. A copy shall be sent to the mail and a copy filed with the city clo rks office for public inspection. The ion shall state the reasons for granting or denying the hardship applic don, �gplicant submitting a hardship application, dissatisfied with the action ¢f the to the approval or denial of such application shall have the right to appeal Council within thirty (30) days after receipt of notification of such action. fall give notice, follow publication procedure, hold hearings, and make its manner as provided in the general zoning ordinance of the city. �caservation PAGE 14 OF 16 2\JM\C:1CLIEKS.RR\,BASTROP\ORDMSWR7.ORD f 11/08/2002 15:33 5123216684 CITY OF BASTROP PAGE 16 ,• �;. �.? ,:. �.� Section 7. drdinary Mafmtenance Nothing irk this or��., shad be construed to revent the ord' ' p � maintenance and repair of any exterior arch , ;total feature of a landmark or property which does not involve a chaikge irk design, materials .fir outward appearance. Exterior paint color is included as or�ti�nary maintenance. In='•;' d replacement or repair is included in this definition of ordinary maintenance. ; � .'tied, however, that this section shall not eliminate any requirement; for a building permit. 1. ��tlke building inspector believes that the work does rkot constitute or8inat�y rrkaintenance untie ` :� the terms of this section, he shall refer the application to the ltjstoric F;.� preservation offs �.'� :� ;. Section 8. Denaolltion by Neglect .� < i � <, A. � State of IJemdla�ion b� Neg_1ect s ;,. No owner or rs �' with an interest in real ro desi Hated as a Si ' pe p periy g gnificant or lirstoric Landmark shall p� 't the property to fall into a serious state of disrepair so as to result �n the deterioration of : ' �� exterior architectural feature which would, in the judgment cif the Commission, prowl �:e a detrimental effect upon the character of landmark as a whole or t1ie life and character of property itself. Examples of such deterioration include: (1.) Det�i�ioration of exterior walls or other vertical supports. �. ; ., � (2) Det��oration of roofs or other horizontal members. �'� (3) Det��ioration of exterior chimneys. . , ,i.; (�) Det�i�ioration or crumbling of exterior stucco or mortar. .j,z ' (5) l:ne � ��ctive waterproofing of exterior walls, roof, or foundations, including biokcn �vindaws or doors.�.i , ;; (6) Det��ioraton of any feature so as to create a hazardous condition which could lead to the claim that �nolition is necessary for the putblic safety. $. i7e B ' � '' a Iect Hearin P ' ,.; (1) U� ",� notification to the Commission of such a state of disrepair, the Comission shall notify the a : er in writing, infokxning the owner of the complaint and specifics Qf the alleged deteriorati ; �, requesting that the owner appeax before the Commission for a full@r and ztagxe accurate de��inination of the existence of detrimental deterioration. (2) Tf, ,`;, r a hearing before the Commission, the Coixkrrkission determines ti�at the deterioration has � � aced a detrimental effect as described in subsection A of this section, the owner shall be g' a reasonable time and opportunity to cure the deterioration by restoration or other appropr� : �, actions. The owner must comply with. all requirements of requesting a Ord'itmtict _ HbWfic �,��Jpn PAGB IS OF 16 2�cm\C�\CLIBNIS,RRIHAST'RbP10k3)51HlS1'OR�.ORD ;(; „ :t:t 'irk 11/08/2002 15:33 5123216684 CITY OF BASTROP PAGE 17 certificate of a ra.ateness from the commission. This may be requested at the tune �f the hearing iu Paragza (i), Failure of the owner to cure the deterioration within the time sp�c�fied by the Gommiss�shall cause the structure to be ineligible in that tax year for t�e tax exemption descril�l in Section 3.13,(i) above. .(3) A p��perty owner dissatisfied with the action of the Com�missiola relatizt� to a commission find'; in Section 8 shall have 'the right to appeal ilt writing to the City C�uncil within thirty (30) : ays after receipt of the Commission finding. . Section 9. PenaJtfes Violators of any cj�-the provisions set out above shall be cited and subject to a fine not to e�Cceed the amount as set in Chapter 1, Article 1.100, Section 1.106, of tl�e 1�95 Bastrop City�Code of Ordinances, asp' ezlded. Part 2: What all r Gode provisions, ozdixtances, or City requirements in conflict with this Cirdinance are he ' � repealed to the extent of such conflict. Part 3: That tl�e pt�visions of the City Code regarfling severability apply to this ordinance. 'That this o`� shall take full force and effect upon passage by the City Council and . upon publication '�' 'accordazlce with the State Statutes. However, no tax exemptions shall take effect until Qctob�i�i, 1��. � PASSED l3Y T��i ASTRQP CITY CULTNCIL ON THE 1 3 DAY OF O a � �i b e r , �, ��. APPROVED; '' ;, ATTEST: Tom Scott, Mayot APP12OVED AS T�7 FORM: Roy Rutland, III, Attorney Orauaancc - EIi�toric Landawrk Heather G, Ambrose, City Secretary PADS 16 OF 16 2jjcm�C:1CLtB�'S.xtR�B,A3TROP10kD5tNLSTOR7.ORD