The city council of Odessa hereby declares that as a matter
of public policy the protection, enhancement, and perpetuation of
landmarks or districts of historical and cultural importance and significance
is necessary to promote the economic, cultural, educational, and general
welfare of the public. It is recognized that the City of Odessa represents
the unique confluence of the time and place that shaped the identity
of generations of citizens, collectively and individually, and produced
significant historic, architectural, and cultural resources that constitute
their heritage.
This act is intended to:
(1) Protect
and enhance the landmarks and districts which represent distinctive
elements of City of Odessa’s historic, architectural, and cultural
heritage;
(2) Foster
civic pride in the accomplishments of the past;
(3) Protect
and enhance City of Odessa’s attractiveness to visitors and
the support and stimulus to the economy thereby provided;
(4) Ensure
the harmonious, orderly, and efficient growth and development of the
city;
(5) Promote
economic prosperity and welfare of the community by encouraging the
most appropriate use of such property within the city;
(6) Encourage
stabilization, restoration, and improvements of such properties and;
their values.
(Ordinance 2019-13 adopted 4/9/19)
There is hereby created a commission to be known as the City
of Odessa historic preservation commission.
(1) The
commission shall consist of seven members to be appointed by the city
council who shall be residents of the community having a known and
demonstrated interest, competence, or knowledge in historic preservation
within the City of Odessa and special consideration shall be given
to include the following:
(A) An architect, planner, or representative of a design profession,
(C) A licensed real estate broker;
(E) An owner of a landmark or of a property in a historic district.
(2) Commission
members shall serve for a term of two years with the exception that
the initial term of four members shall be two years, and three members
shall be one year.
(3) The
chairman and vice chairman of the commission shall be elected by and
from the members of the commission.
(4) The
commission shall be empowered to:
(A) Make recommendations for employment of staff and professional consultants
as necessary to carry out the duties of the commission.
(B) 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 and the delineation of historic districts, which shall be
ratified by the city council.
(C) Conduct surveys and maintain an inventory of significant historic,
architectural, and cultural landmarks and all properties located in
historic districts within the city.
(D) Recommend the designation of resources as landmarks and historic
districts.
(E) Create committees from among its membership and delegate to these
committees responsibilities to carry out the purposes of this ordinance.
(F) Maintain written minutes which record all actions taken by the commission
and the reasons for taking such actions.
(G) Recommend conferral of recognition upon the owners of landmarks or
properties with districts by means of certificates, plaques, or markers.
(H) Increase public awareness of the value of historic, cultural, and
architectural preservation by developing and participating in public
education programs.
(I) Make recommendations to the city government concerning the utilization
of state, federal, or private funds to promote the preservation of
landmarks and historic districts within the city.
(J) Approve or disapprove of applications for certificates of appropriateness
pursuant to this act.
(K) Prepare and submit annually to the city council a report summarizing
the work completed during the previous year.
(L) Prepare specific design guidelines for the review of landmarks and
districts.
(M) Recommend the acquisition of a landmark structure by the city government
where its preservation is essential to the purpose of this act and
where private preservation is not feasible.
(N) Propose tax abatement program(s) for landmarks or districts.
(O) Accept on behalf of the city government the donation of preservation
easements and development rights as well as any other gift of value
for the purpose of historic preservation, subject to the approval
of the city council.
(5) The
commission shall meet at least monthly, if business is at hand. Special
meetings may be called at any time by the chairman or on the written
request of any two commission members. All meetings shall be held
in conformance with the Texas Open Meetings Act, Chapter 551 of the
Government Code.
(6) A quorum
for the transaction of business shall consist of not less than a majority
of the full authorized membership.
(7) The
historic preservation officer shall serve as an ex-officio member
of the commission.
(8) Appointment
of historic preservation officer
(A) The city manager shall appoint a person to serve as the historic
preservation officer. This officer shall administer this ordinance
and advise the commission on matters submitted to it.
(B) In addition to serving as representative of the commission, the officer
is responsible for coordinating the city’s preservation activities
with those of state and federal agencies and with local, state, and
national nonprofit preservation organizations.
(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20)
(a) Designation
of historic landmarks.
These provisions pertaining to
the designation of historic landmarks constitute a part of the comprehensive
zoning plan of the City of Odessa. All provisions of the zoning ordinance,
including applicable fees, shall apply unless specifically in conflict
with the provisions contained in this ordinance.
(1) Applications for designation of historic landmarks shall be filed by the owner or by the historic preservation officer on behalf of the city in the office of the director of planning for the City of Odessa if the property complies with the criteria for approval set forth in subsection
14-3-3(c). Property owners of proposed historic landmarks shall be notified prior to the commission hearing on the recommended designation. At the commission’s public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic landmark.
(2) The proposed historic landmark, with a recommendation to approve
or disapprove by the commission, shall be submitted to the planning
and zoning commission within forty-five (45) days of its receipt of
an application meeting all requirements as to form. The planning and
zoning commission shall give notice and conduct its hearing on the
proposed designation within forty-five (45) days of its receipt of
the application from the commission. Such hearing shall be in the
same manner and according to the same procedures as specifically provided
in the general zoning ordinance of the City of Odessa. The planning
and zoning commission shall make its recommendation to the city council
within forty-five (45) days of its receipt of the application from
the commission.
(3) The city council shall schedule a hearing on the commission’s
recommendation to be held within forty-five (45) days of receipt of
the recommendation of the planning and zoning commission. The city
council shall give notice, follow the publication procedure, hold
hearings, and make its determination in the same manner as provided
in the general zoning ordinance of the City of Odessa within forty-five
(45) days of receipt of the application from the planning and zoning
commission.
(4) Upon designation of a building, object, site or structure as a historic
landmark, the city council shall cause the designation to be recorded
in the official public records of real property of Ector County, the
tax records of the City of Odessa, and the Ector County appraisal
district as well as the official zoning maps of the City of Odessa.
All zoning maps should indicate the designated landmarks with an appropriate
mark “HL.” All designated landmarks shall also be numbered
consecutively.
(5) The ordinance to be adopted to approve the designation of a historic
landmark shall describe its location, the nature of the alterations
that require approval, including the principles or specific criteria
by which alterations are to be determined as appropriate or not.
(6) Once an application that meets all of the requirements for an application
to designate an historic landmark or an historic district has been
filed and notice provided to the owner, the property may not be destroyed
or altered until the application has been approved by final action
in the administrative process, or until the period required for consideration
of such application has expired without any action, whichever occurs
first.
(b) Designation
of historic districts.
These provisions pertaining to
the designation of a historic district constitute a part of the comprehensive
zoning plan of the City of Odessa. All provisions of the zoning ordinance,
including applicable fees, shall apply unless specifically in conflict
with the provisions contained in this ordinance.
(1) Applications for designation of historic districts shall be filed by the owner or by the historic preservation officer on behalf of the city in the office of the director of planning for the City of Odessa if the property complies with the criteria for approval in subsection
14-3-3(c). Property owners within a proposed historic district shall be notified prior to the commission hearing on the recommended designation. At the commissioner’s public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence, which will become part of a record regarding the historic architectural or cultural importance of the proposed historic district.
(2) The commission may recommend the designation of a district if it:
(A) Contains properties and an environmental setting which meet one or
more of the criteria for designation of a landmark; and,
(B) Constitutes a distinct section of the city.
(3) The proposed historic district, with a recommendation to approve
or disapprove by the commission, shall be submitted to the planning
and zoning commission within forty-five (45) days of its receipt of
an application meeting all requirements approved by the city council.
The planning and zoning commission shall give notice and conduct its
hearing on the proposed designation within forty-five (45) days of
receipt of such recommendation from the commission. Such hearing shall
be in the same manner and according to the same procedure, as specifically
provided in the general zoning ordinance of the City of Odessa. The
planning and zoning commission shall make its recommendation to the
city council within forty-five (45) days of its receipt of the application
from the commission on the proposed designation.
(4) The city council shall schedule a hearing on the commission’s
recommendation to be held within forty-five (45) days of receipt of
the recommendation of the planning and zoning commission. The city
council shall give notice, follow the publication procedure, hold
hearings, and make its determination in the same manner as provided
in the general zoning ordinance of the City of Odessa within forty-five
days (45) days of its receipt of the application from the planning
and zoning commission.
(5) Upon designation of a historic district, the city council shall cause
the designated boundaries to be recorded in the official public records
of real property of Ector County, the tax records of the City of Odessa
and the Ector County appraisal district as well as the official zoning
maps of the City of Odessa. All zoning maps should indicate the designated
historic district by an appropriate mark “HD.” All designated
districts shall also be numbered consecutively.
(6) The historic district is an overlay zone and its requirements are
in addition to those requirements of the underlying zoning district.
(7) The ordinance to be adopted to approve the designation of a historic
district shall describe its location, the nature of the alterations
that require approval, including the principles, or specific criteria
by which alterations are to be determined as appropriate or not.
(8) Once an application, that meets all of the requirements for an application
to designate an historic landmark or an historic district, has been
filed and notice provided to the owner, the property may not be destroyed
or altered until the application has been approved by final action
in the administrative process, or until the period required for consideration
of such application has expired without any action, whichever occurs
first.
(c) Criteria
for the designation of historic landmarks and districts.
A historic landmark or district may be designated if it:
(1) Possess significance in history, architecture, archeology, or culture,
or
(2) Is associated with events that have made a significant contribution
to the broad patterns of local, regional, state, or national history,
or
(3) Is associated with the lives of persons significant in our past,
or
(4) Embodies the distinctive characteristics of a type, period, or method
of construction, or
(5) Represents the work of a master designer, builder, or craftsman,
or
(6) Represents an established and familiar visual feature of the city.
(Ordinance 2019-13 adopted 4/9/19)
Without a certificate of appropriateness, no person shall carry out any construction, reconstruction, alteration, restoration, rehabilitation, or relocation of the exterior appearance visible from a street, of any designated historic landmark or any property within a designated historic district, nor shall any person make any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements, visible from a street, which affect the appearance of any historic landmark or any property within a historic district. Failure to comply with this section shall be an offense and subject to the penalty provided herein unless an economic hardship is found pursuant to section
14-3-6. A certificate of appropriateness is not required for ordinary maintenance as defined herein.
(Ordinance 2019-13 adopted 4/9/19)
(a) In
considering an application for a certificate of appropriateness, the
commission shall be guided by any adopted design guidelines, and where
applicable, the following from The Secretary of the Interior’s
standards for the rehabilitation of historic buildings. Any adopted
design guidelines shall be made available to the property owners of
historic landmarks or within historic districts.
(1) 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.
(2) 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.
(3) 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.
(4) Changes which may have taken place in the course of time are evidence
of the history and development of a 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.
(5) Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure, object, or site shall be
kept where possible.
(6) 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’s
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.
(7) The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken.
(8) Every reasonable effort shall be made to protect and preserve archaeological
resources affected by, or adjacent to, any project.
(9) Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations 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.
(10) Wherever possible, new additions or alterations to buildings, structures,
objects, or sites shall be done in such a manner that if such additions
or alterations were to be removed in the future, the essential form
and integrity of the buildings, structure, object, or site would be
unimpaired.
(b) Certification
of appropriateness application procedure.
(1) Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such a certificate
in the office of the director of planning for the City of Odessa.
The application shall contain:
(A) Name, address, telephone number of applicant, detailed description
of proposed work.
(B) Location and photograph of the property and adjacent properties.
(C) Elevation drawings of the proposed changes, if available.
(D) Samples of materials to be used.
(E) If the proposal includes signs or lettering, a scale drawing showing
the type of lettering to be used, all dimensions and colors, a description
of materials to be used, method of illumination (if any), and a plan
showing the sign’s location on the property.
(F) Any other information which the commission may deem necessary in
order to visualize the proposed work.
(2) No building, electrical, plumbing, or other permit of the city shall
be issued for such proposed work requiring a certificate of appropriateness
until a final certificate of appropriateness has first been issued
by the commission. The certificate of appropriateness required by
this act shall be in addition to and not in lieu of any other permit
that may be required by any other ordinance of the City of Odessa.
A final certificate of appropriateness cannot be issued until the
period of appeal has expired or until the city council enters an order
on appeal or until all parties have signed a waiver of appeal.
(3) The commission shall review the application at a regularly scheduled
meeting within sixty (60) days from the date the application is received,
at which time an opportunity will be provided for the applicant to
be heard. The commission shall approve, deny, or approve with modifications
the certificate within forty-five (45) days after the review meeting.
In the event the commission does not act within ninety (90) days of
the receipt of the application, a certificate shall be granted.
(4) All decisions of the commission shall be in writing. The commission’s
decision shall state its findings pertaining to the approval, denial,
or modification of the application. A copy shall be sent to the applicant.
Additional copies shall be filed as part of the public record on that
property and dispersed to appropriate city departments, e.g., building
inspection.
(5) An applicant for a certificate of appropriateness dissatisfied with
the action of the commission, the preservation officer, or a representative
of the city, relating to the issuance or denial of a certificate of
appropriateness shall have the right to appeal to the city council
within fifteen (15) days after receipt of notification of such action.
The city council shall give notice, hold a hearing after published
notice, and make its decision.
(6) Any certificate of appropriateness which has been approved shall
expire twelve (12) months from the date of issuance, unless the commission
has approved, at a regularly scheduled meeting, an additional period
of time.
(c) Certificate
of appropriateness required for demolition.
(1) A permit by the building official for the demolition of a historic landmark or property within a historic district, including secondary buildings and landscape features, shall not be granted by the preservation officer without the review of a completed application for a certificate of appropriateness by the commission, as provided for in sections
14-3-4,
14-3-5(a),
14-3-5(b).
(2) Demolition shall not be permitted if prohibited by state or federal
law.
(3) The following factors shall be taken into consideration regarding
the proposed demolition:
(A) The effect the demolition of the structure or other construction
would have on the historical or architectural integrity of the neighborhood.
(B) The condition of the building and whether it is economically feasible
to repair or restore the structure or whether reasonable steps can
be taken to save the structure from further deterioration, collapse,
arson, vandalism, or neglect.
(C) The reasonableness of the cost of restoration or repair.
(D) The historic or architectural significance of the structure.
(E) The difficulty or impossibility of reproducing such a structure because
of its design, texture, material, detail, or unique location.
(F) Whether the structure is one of the last remaining examples of its
kind in the neighborhood, the county, or the region.
(G) Whether there are definite plans for the reuse of the property if
the proposed demolition is carried out, and what effect such plans
will have on the architectural, social, aesthetic, or environmental
character of the surrounding areas, as well as the economic impact
of the new development.
(H) Any conditions proposed to be voluntarily placed on the redevelopment
of the site which would mitigate the loss of the historic structure.
(I) The cause, extent, and gravity of the hardship claimed by the applicant
specifically including, but not limited to, economic hardship attributable
to amount of funds expended by the owner for redevelopment of the
site.
(J) The availability of other sites for the applicant’s intended
purpose or use.
(4) The issuance of a certificate of appropriateness to demolish shall
not release the owner from the requirement to obtain a permit to demolish
issued by the building official in the building inspection department
of the City of Odessa.
(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20)
(a) After
receiving written notification from the commission of the denial of
a certificate of appropriateness, and after all rights of appeal have
been exhausted, an applicant may commence the hardship process. No
building permit or demolition permit shall be issued unless the commission
makes a finding that hardship exists.
(b) When
a claim of economic hardship is made due to the effect of this ordinance,
the owner must prove that:
(1) The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
(2) The property cannot be adapted for any other use, whether by the
current owner or by a purchaser, which would result in a reasonable
return; and
(3) Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(c) The
applicant shall consult in good faith with the commission, local preservation
groups, and interested parties in a diligent effort to seek an alternative
that will result in preservation of the property. Such efforts must
be shown to the commission.
(d) The
commission shall hold a public hearing on the application within sixty
(60) days from the date the application is received by the preservation
officer. Following the hearing, the commission has thirty (30) days
in which to prepare a written decision. In the event that the commission
does not act within ninety (90) days of the receipt of the application,
the permit shall be denied.
(e) All
decisions of the commission shall be in writing. A copy shall be sent
to the applicant by registered mail or by delivery and a copy filed
with the city secretary’s office for public inspection. The
commission’s decision shall state the reasons for granting or
denying the hardship application.
(f) An
applicant for a certificate of appropriateness or the preservation
officer dissatisfied with the action of the commission relating to
the issuance or denial of a certificate of appropriateness shall have
the right to appeal to the city council within fifteen (15) days after
receipt of notification of the decision of the commission. The city
council shall then give notice, hold a hearing after published notice,
and make its decision on the appeal within forty-five (45) days after
its receipt of the notice of appeal from the decision of the commission.
If the city council fails to take any action within the prescribed
period of time the certificate of appropriateness shall be approved.
(Ordinance 2019-13 adopted 4/9/19)
All work performed pursuant to a certificate of appropriateness
issued under this ordinance shall conform to any requirements included
therein. It shall be the duty of the preservation officer, or other
official of the city appointed by the city manager, 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 act by the commission and verification by
the preservation officer, the preservation 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 the stop work order is in
effect and failure to comply shall be an offense under this ordinance.
(Ordinance 2019-13 adopted 4/9/19)
Nothing in this ordinance shall be construed to prevent the
ordinary maintenance and repair of any exterior architectural feature
of a landmark or property within a historic district, which does not
involve a change in design, material, or outward appearance. In-kind
replacement or repair is included in this definition of ordinary maintenance.
(Ordinance 2019-13 adopted 4/9/19)
(a) No
owner or person with an interest in real property designated as a
landmark or included within a historic district shall permit the property
to fall into a serious state of disrepair so as to result in the deterioration
of any exterior architectural feature which would produce a detrimental
effect upon the character of the historic district as a whole or the
life and character of the property itself. A property owner subject
to a complaint for demolition by neglect in the judgment of the preservation
officer, or other official of the city appointed by the city manager
shall have a right of appeal to the commission and the city council
as provided for when applying for a certificate of appropriateness.
It shall be an offense to continue to permit a deterioration of a
designated landmark or property within a district after a final order
has been approved.
(b) Examples
of such deterioration include:
(1) Deterioration of exterior walls or other vertical supports, or
(2) Deterioration of roofs or other horizontal members, or
(3) Deterioration of exterior chimneys, or
(4) Deterioration or crumbling of exterior stucco or mortar, or
(5) Ineffective waterproofing of exterior walls, roof, or foundations,
including broken windows or doors, or
(6) 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.
(Ordinance 2019-13 adopted 4/9/19)
Failure to comply with any of the provisions of this ordinance
shall be deemed a violation and the violator shall be liable for a
misdemeanor crime and be subject to a fine of not more than $1,000.00
for each day the violation continues.
(Ordinance 2019-13 adopted 4/9/19)
The restoration of landmarks and contributing property within
a historic district in the City of Odessa shall be eligible for a
tax freeze pursuant to section 11.24 of the Tax Code subject to the
following conditions:
(1) The
owner of a qualifying historic landmark or contributing property within
a historic district in the City of Odessa may apply for a tax freeze
on city property taxes for both the land, necessary for access to
and use of the structure, and the structure on the building site.
The qualifying historic landmark or contributing property within a
historic district will have an annual assessed value equal to the
assessed value of the tax year immediately before the restoration
was completed, for eight years following completion of the restoration.
The tax freeze will begin the first day of the first tax year after
verification of the restoration. For purposes of this section, “restoration”
means work performed in accordance with certificates of appropriateness
granted by the commission pursuant to the building and other codes
of the city.
(2) Eligibility
for tax freeze.
To be eligible for a city property tax
freeze, the property must be a city designated historic landmark or
contributing property within a historic district located in the City
of Odessa and must meet all of the following conditions:
(A) The historic landmark or contributing property within a historic
district must not have been granted a previous property tax freeze
under this section.
(B) At the time of application of the tax freeze, the exterior and interior
of the historic landmark, must be in need of restoration that exceeds
thirty (30) percent of the assessed value of the structure, the year
the restoration is to begin. Only that restoration for which a building
permit, electrical permit, plumbing permit, or other project permit
has been issued may be counted in determining whether the work exceeds
thirty (30) percent of the assessed value.
(C) It must be designated (i) as a recorded Texas historic landmark by
the Texas Historical Commission and by the city council of the City
of Odessa, or (ii) as a historically significant site in need of tax
relief to encourage its preservation pursuant to an ordinance or other
law adopted by the city council. A property will satisfy this requirement
if it has been designated by the city as a historic landmark or contributing
property within a historic district, it is in need of restoration
and no restoration has occurred for a period of five years immediately
proceeding the proposed restoration.
(3) Application
for tax freeze.
An application for a historic landmark
tax freeze must be filed with the director of planning or other city
official appointed by the city manager. Each application must be signed
and sworn to by the owner of the property and must include the following
information:
(A) The legal description of the property,
(B) Detailed plans and documents related to the proposed work showing
how the exterior of the historic landmark is to be restored in accordance
with the preservation criteria,
(C) A statement and documentation of the cost for the restoration of
the exterior and interior of the historic landmark to show that the
costs exceed thirty (30) percent of the assessed value of the structure,
(D) A projection of the construction time and completion date of the
restoration,
(E) The proposed use of the property,
(F) Prior designation as a historic landmark,
(G) The historical significance of the site,
(H) The need for tax relief to encourage its preservation, and
(I) Any other information which is necessary to the city in determining
eligibility.
(4) Certification
of eligibility.
The owner of the historic landmark or
contributing property in a district shall comply with the certificate
of appropriateness procedure in order to have the proposed alterations
to the exterior of the historic landmark or contributing property
in a district approved and to obtain a certificate of eligibility
indicating that the historic landmark or contributing historic property
in a historic district is eligible for the tax freeze.
(5) Qualification
for tax freeze.
(A) Upon completion of the restoration of the historic landmark in accordance
with the certificate of appropriateness and the certificate of eligibility,
the owner shall submit to the director a sworn statement certifying
that the restoration has been completed.
(B) The owner shall obtain a certificate of qualification for a tax freeze
by action of the city council at a regular city council meeting.
(C) If a certificate of qualification is approved, the director shall
send written notice to the county appraisal district which shall appraise
the property in accordance with subsection (5)(A) of this section.
The director shall also send a copy of the certificate of qualification
to the city finance department.
(D) A certificate of qualification shall not be approved until the applicant
files a commitment to immediately repay to the city all tax revenues
not paid because of the tax freeze if the owner is required to repay
the taxes under subsection (6)(A) of this section. The commitment
must be approved as to form by the city attorney or designee and filed
in the county deed records. The commitment shall run with the land
and bind the owner, heirs and assigns. Any unpaid repayment required
under subsection (6)(A) of this section shall be a lien against the
property.
(6) Destruction
or alteration to a historic landmark or contributing property in a
district.
(A) If the preservation officer has reason to believe that a historic
landmark or contributing property in a district has been totally or
partially destroyed or altered by the willful act or negligence of
the owner or his representative in violation of the preservation criteria
contained in the ordinance designating the historic landmark or contributing
property in a district, the preservation officer shall immediately
cause the matter to be scheduled for the earliest possible consideration
by the commission with a right to appeal as provided for certification
of appropriateness procedure. If, after giving notice and hearing
to the owner, and after any appeal, it is determined that the historic
landmark or contributing property in a district has been totally or
partially destroyed or altered by the willful act or negligence of
the owner or his representative, the owner shall immediately repay
to the city all of the tax revenues that were not paid because of
the tax freeze.
(B) Where a historic landmark or contributing property in a district
is totally or partially destroyed or altered other than by the willful
act or negligence of the owner or his representative, the owner shall,
within thirty (30) days, request a demolition permit when restoration
is not feasible, or request a building permit to reconstruct the historic
landmark in accordance with the preservation criteria. The determination
as to whether restoration is feasible shall be made by the commission,
as part of the certificate of appropriateness review procedure required
to be followed in obtaining demolition or building permit. In cases
where a demolition permit is issued by the city because restoration
is not feasible, repayment of the tax revenues is not required.
(7) If
a site is approved for a “HL” historic landmark, the landmark
was restored in 1996 in contemplation of the adoption of this ordinance
in an amount that exceeded thirty (30) percent of the assessed value
of the structure, no restoration had occurred in the five years proceeding
such restoration and the restoration complied with all other requirements
for the tax incentive other than the fact that it was started prior
to the adoption of this ordinance and prior to its designation as
a historic landmark, it shall be eligible for the tax incentive as
provided herein.
(Ordinance 2019-13 adopted 4/9/19; Ordinance 2020-08 adopted 3/10/20)
A certificate of appropriateness may be amended by submitting
an application for amendment to the director. The application shall
then be subject to the standard certificate of appropriateness review
procedure.
(Ordinance 2019-13 adopted 4/9/19)
If a landmark or a property in a historic district is damaged
and the building official determines that the landmark or property
will suffer additional damage without immediate repair, the building
official may allow the property owner to temporarily protect the landmark.
In such a case, the property owner shall apply for a certificate of
appropriateness within ten (10) days of the occurrence which caused
the damage. The protection authorized under this subsection must not
permanently alter the architectural features of the landmark.
(Ordinance 2019-13 adopted 4/9/19)
In the event a person violates any of the provisions set forth
in this ordinance, the city attorney shall be authorized to pursue
injunctive relief and other appropriate remedies in the appropriate
court. These remedies are cumulative of any other remedy or penalty.
(Ordinance 2019-13 adopted 4/9/19)