City of Odessa, TX HISTORICAL PRESERVATION

Protect and enhance the landmarks and districts which represent distinctive elements of City of Odessa’s historic, architectural, and cultural heritage;

Foster civic pride in the accomplishments of the past;

Protect and enhance City of Odessa’s attractiveness to visitors and the support and stimulus to the economy thereby provided;

Ensure the harmonious, orderly, and efficient growth and development of the city;

Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the city;

Encourage stabilization, restoration, and improvements of such properties and; their values.

(Ordinance 2019-13 adopted 4/9/19)

§ 14-3-2 Historic preservation commission.

There is hereby created a commission to be known as the City of Odessa historic preservation commission.

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:

An architect, planner, or representative of a design profession,

A historian;

A licensed real estate broker;

An attorney;

An owner of a landmark or of a property in a historic district.

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.

The chairman and vice chairman of the commission shall be elected by and from the members of the commission.

The commission shall be empowered to:

Make recommendations for employment of staff and professional consultants as necessary to carry out the duties of the commission.

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.

Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the city.

Recommend the designation of resources as landmarks and historic districts.

Create committees from among its membership and delegate to these committees responsibilities to carry out the purposes of this ordinance.

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.

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.

A quorum for the transaction of business shall consist of not less than a majority of the full authorized membership.

The historic preservation officer shall serve as an ex-officio member of the commission.

(8)

Appointment of historic preservation officer

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.

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)

§ 14-3-3 Designation of historic landmarks and districts.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The commission may recommend the designation of a district if it:

Contains properties and an environmental setting which meet one or more of the criteria for designation of a landmark; and,

Constitutes a distinct section of the city.

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.

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.

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.

The historic district is an overlay zone and its requirements are in addition to those requirements of the underlying zoning district.

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:

Possess significance in history, architecture, archeology, or culture, or

Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history, or

Is associated with the lives of persons significant in our past, or

Embodies the distinctive characteristics of a type, period, or method of construction, or

Represents the work of a master designer, builder, or craftsman, or

§ 14-3-4 Certificate of appropriateness for alteration or new construction affecting landmarks or historic districts.

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)

§ 14-3-5 Criteria for approval of a certificate of appropriateness.

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.

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.

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.

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.

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.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible.

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.

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.

Certification of appropriateness application procedure.

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:

Name, address, telephone number of applicant, detailed description of proposed work.

Location and photograph of the property and adjacent properties.

Elevation drawings of the proposed changes, if available.

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 materials to be used, method of illumination (if any), and a plan showing the sign’s location on the property.

Any other information which the commission may deem necessary in order to visualize the proposed work.

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.

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.

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.

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.

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.

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).

Demolition shall not be permitted if prohibited by state or federal law.

The following factors shall be taken into consideration regarding the proposed demolition:

The effect the demolition of the structure or other construction would have on the historical or architectural integrity of the neighborhood.

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.

The reasonableness of the cost of restoration or repair.

The historic or architectural significance of the structure.

The difficulty or impossibility of reproducing such a structure because of its design, texture, material, detail, or unique location.

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.

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)

§ 14-3-6 Economic hardship application procedure.

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.

When a claim of economic hardship is made due to the effect of this ordinance, the owner must prove that:

The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.

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

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)

§ 14-3-7 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 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)

§ 14-3-8 Ordinary maintenance.

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)

§ 14-3-9 Demolition by neglect.

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.

Examples of such deterioration include:

Deterioration of exterior walls or other vertical supports, or

Deterioration of roofs or other horizontal members, or

Deterioration of exterior chimneys, or

Deterioration or crumbling of exterior stucco or mortar, or

Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors, or

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)

§ 14-3-10 Penalties.

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)

§ 14-3-11 Ad valorem tax incentive.

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:

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.

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:

The historic landmark or contributing property within a historic district must not have been granted a previous property tax freeze under this section.

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.

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.

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:

The legal description of the property,

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,

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,

A projection of the construction time and completion date of the restoration,

The proposed use of the property,

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.

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.

Qualification for tax freeze.

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.

The owner shall obtain a certificate of qualification for a tax freeze by action of the city council at a regular city council meeting.

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.

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.

Destruction or alteration to a historic landmark or contributing property in a district.

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.

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.