The city council hereby declares that as a matter of public
policy the protection, enforcement and perpetuation of landmarks or
districts of historical and cultural importance and significance are
necessary to promote the economic, cultural, educational and general
welfare of the public. It is recognized that the city 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. This act is intended to:
(1)
Protect
and enhance the landmarks which represent distinctive elements of
the city’s historic, architectural and cultural heritage;
(2)
Foster
civic pride in the accomplishments of the past;
(3)
Protect
and enhance the city’s attractiveness to visitors, thereby supporting
and stimulating the economy;
(4)
Insure
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 021301-01, sec. 1(A),
adopted 2/13/01)
A physical change in the interior or to the exterior of a
building.
Regulations governing the appearance of architectural style
of buildings or structures.
A building such as a house, barn, church, hotel or similar
construction [that] is created to shelter any form of human activity.
“Building” may also be used to refer to a historically
and functionally related unit, such as courthouse and jail or a house
and barn.
The body of law developed through hearings and judgments
of specific issues (cases) by courts of law.
A signed and dated document evidencing the approval of the
landmark commission for the structure to be designated a historic
landmark and entitled to display a plaque or yard marker. Also, a
signed and dated document evidencing the approval of the landmark
commission for the structure to be designated a significant historic
landmark but in need of restoration and/or repairs to be eligible
to display a historical marker.
An act or process which destroys a site or structure in its
entirety or which destroys a part of a site or structure and permanently
impairs its structural, historic or architectural integrity.
A district possesses a significant concentration, linkage
or continuity of sites, buildings, structures or objects united historically
or aesthetically by plan or physical development.
A structure or site that is so designated by the landmark commission, according to two or more of the criteria in section 1.10.005(b) of this article, and is in a state of repair and preservation such that it is entitled to display a plaque or yard marker proclaiming it a Historic Hubbard landmark. The property shall be used for its historic purpose of defining characteristics of the building, its site and environment.
A structure, building or site which satisfies two or more of the criteria set out in section 1.10.005(b) and which is designated as such in accordance with this article.
A district, site, building, structure, or object significant
in American history, architecture, engineering, archeology or culture
at the national, state or local level.
The authenticity of a property’s historic identity,
evidenced by survival of physical characteristics that existed during
the property’s historic or prehistoric period.
A list of historic properties that have been identified and
evaluated as meeting specified criteria of significance.
The term “object” is used to distinguish from
buildings and structures those constructions that are primarily artistic
in nature or are relatively small in scale and simply constructed.
Although it may be, by nature of design, movable, an object is associated
with a specific setting or environment, such as statuary in a designed
landscape.
This generally refers to activities relating to a property
that would be considered ordinary or common for maintaining the property,
such as the replacement of a porch floor with identical or in-kind
materials. It also may include other activities such as painting.
The authority of government to exercise controls to protect
the public’s health, safety, morals and general welfare.
The act or process of applying measures to sustain the existing
form, integrity, and material of a building or structure and the existing
forms and vegetative cover of a site. It may include initial stabilization
work where necessary as well as ongoing maintenance of the historic
building materials.
This refers to the planning for the continued identification
and evaluation of historic properties and for their protection and
enhancement.
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
period of time by means of the removal of later work or by the replacement
of missing earlier work.
A structure or site so designated by the landmark commission according to two or more of the criteria in section 1.10.005(b) of this article, but is in the state of disrepair or substantial changes to the original so that it is not entitled to display a plaque or yard marker. If needed repairs and restoration are made, the building or site can then be designated a Historic Hubbard landmark and will be entitled to display a plaque or yard marker so proclaiming.
A site is the location of a significant event, a prehistoric
or historic occupation or activity, or a building or structure, whether
standing, ruined or vanished, where the location itself possesses
historical, cultural or archeological value regardless of the value
of any existing structures.
The term as used here includes buildings and other structures
in addition to those usually intended for creating shelter. (Example:
a bridge might be a historic structure.)
(Ordinance 021301-01, sec. 1(B),
adopted 2/13/01)
(a)
There
is hereby created a commission to be known as the city historic landmark
commission.
(b)
The
commission shall consist of five members to be appointed by the city
council. All members shall be residents of the city and owners of
property within the city.
(c)
All
commission members, regardless of background, shall have a known and
demonstrated interest, competence, and knowledge of historic preservation
within the city.
(d)
Commission
members shall serve a term of two years, with the exception that the
initial term of two members shall be two years and the terms of three
members shall be three years.
(e)
The
city council shall appoint a suitable citizen to fill the unexpired
term of any commission member who resigns.
(f)
The
chairman, vice-chairman and secretary of the commission shall be elected
by and from the members of the commission to serve for two-year terms.
(g)
Members
of the commission may be appointed to serve additional terms. The
officers of the commission may be reelected to serve additional terms.
(h)
The
commission shall be empowered to:
(1)
Prepare rules and procedures as necessary to carry out its duties
and responsibilities.
(2)
Designate sites and structures as historic landmarks according to the criteria set forth in section 1.10.005(b) of this article.
(3)
Conduct surveys and maintain an inventory of significant historic,
cultural, and architectural landmarks. A copy of this inventory shall
also be on file at the city office.
(4)
Recommend the designation of resources as significant historic, architectural
and cultural landmarks.
(5)
Create committees from among its membership and delegate to these
committees responsibilities to carry out the purposes of this article.
Other qualified citizens may be asked to serve on these committees.
In such instances, the chairperson shall be a member of the commission
and a majority of the members of the committee shall be members of
the commission.
(6)
Elect a secretary of the commission, who shall maintain accurate
written minutes which record all actions taken by the commission and
the reasons for taking such actions. A copy of the minutes shall be
filed with the city secretary.
(7)
Recommend conferral of recognition upon the owners of historic landmarks
by means of certificates, plaques, and/or markers as well as publicizing
the sites and structures.
(8)
Increase public awareness of the value of historic, cultural and
architectural preservation by developing and participating in public
education programs.
(9)
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.
(10)
Approve or disapprove applications for certificates of appropriateness,
demolition or removal and economic hardship pursuant to this act.
(11)
Coordinate with the building and standards commission in identifying
structures that are unsafe, a health hazard, and/or in a state of
neglect and disrepair, and in making decisions regarding historic
sites and structures that meet one or more of these criteria.
(12)
Upon designation of a historic structure, the city council shall
cause the designated boundaries to be recorded in the official public
records of real property of the county, the tax records of the city
and the Hill County Appraisal District.
(i)
The
landmark 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, Texas
Government Code, chapter 551.
(j)
A
quorum for the transaction of business shall consist of a majority
of the full authorized membership.
(Ordinance 021301-01, sec. 1(C),
adopted 2/13/01)
(a)
The
chairman of the commission shall serve as historic preservation officer.
This officer shall administer this article and advise the commission
on matters submitted to it. This officer shall also serve as liaison
between the commission, the city manager and the city council.
(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
federal agencies [sic] and with local, state and national nonprofit
preservation organizations.
(Ordinance 021301-01, sec. 1(D),
adopted 2/13/01)
(b)
General criteria.
(1)
Possesses significance in history, architecture, archeology or culture.
(2)
Is associated with events that have made a significant contribution
to the broad patterns of local, regional, state or national history.
(3)
Is associated with the lives of persons significant in our past.
(4)
Embodies the distinctive characteristics of a type, period, or method
of construction.
(5)
Represents the work of a master designer, builder or craftsman.
(6)
Represents an established and familiar visual feature of the city.
(7)
Is designated as a Recorded Texas Historic Landmark or State Archeological
Landmark, or is included in the National Register of Historic Places.
(c)
Criteria for individual categories.
(1)
Significant historic landmark.
A structure, building or site may be designated as a significant historic landmark if it meets two or more of the criteria set out in subsection (b) of this section, but is in need of major repairs, restoration and/or rehabilitation.
(2)
Historic Hubbard landmark.
A structure, building or site may be designated as a Historic Hubbard landmark if it meets two or more of the criteria set out in subsection (b) of this section and is in good repair and state of preservation. The owner is entitled to display an official plaque or yard marker identifying it as a Historic Hubbard landmark.
(Ordinance 021301-01, sec. 2, adopted 2/13/01)
(a)
Application; action by commission.
(1)
Application for a permit to demolish or to move a designated significant
or historic landmark shall be obtained from the city manager or his
representative and returned to the city manager. The city manager
shall immediately forward the application to the commission. The commission
shall hold a public hearing on the application within thirty (30)
days after it is received. The applicant shall be given ten days’
written notice of the hearing. The commission shall consider the historic
value, the state of repair of the building, the reasonableness of
the cost of any needed restoration or repair, the existing and potential
usefulness, including the economic usefulness of the building, the
reasons for preserving the structure as a significant or historic
landmark, the character of the neighborhood and all other factors
it finds appropriate. If the commission determines, based on the evidence
presented, that the cost of restoration or repair would render the
property incapable of earning a reasonable return, or if the commission
determines that the interest of preserving historic values will not
be adversely affected by such demolition or removal, or that the interest
of preserving historical values can best be served by the removal
of the structure to another specified location, it shall issue a certificate
of demolition or a certificate of removal and shall so advise the
applicant within five days therefrom.
(2)
If no action has been taken by the commission within sixty days of
original receipt of the application by the commission, a certificate
of demolition or a certificate of removal shall be deemed issued by
the landmark commission and the city manager shall so advise the applicant.
(3)
After a decision is reached by the commission denying an application
for a certificate of demolition or a certificate of removal (either
of which may be appealed to the city council), a resubmission of application
for such certificate will not be accepted for the additional hearing
within a twelve-month period from the date of final decision, unless
the commission determines, after reviewing a written request of the
application, that there has been a change in conditions sufficient
to warrant an earlier rehearing.
(b)
Unsafe buildings.
Subsection (a) of this section shall not apply whenever the city manager, the building official, or the fire marshal proceeds under city ordinances dealing with unsafe buildings. In such case, the city council, after the appropriate notice and hearing, may order the building or structure or part thereof repaired, removed or demolished as provided by the city ordinances without regard to the “historic” designation of the building or structure or part thereof. In no event may the city council take such action unless it determines that the building or structure or part is unsafe and dangerous so as to endanger persons or property or is a fire hazard and that such danger or hazard is so great and so immediate that subsection (a) of this section should be circumvented to prevent immediate and substantial harm to persons or property. Such a determination by the city council shall be final and there shall be no appeal.
(Ordinance 021301-01, sec. 3, adopted 2/13/01)
(a)
After
receiving written notification from the commission of the denial of
an application to demolish or remove, 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 article,
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 responsible
return; and
(3)
Efforts to find a purchaser interested in acquiring the property
at fair market value and preserving it have failed.
(c)
The
applicant shall consult in good faith with the commission, 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 thirty
(30) days from the date the application is delivered to the chairman
of the commission by the city manager. Following the hearing, the
commission has thirty (30) days in which to prepare a written recommendation
to the city manager or other official. In the event that the commission
does not act within sixty (60) days of receiving the application,
a permit may be granted by the city manager.
(e)
All
decisions of the commission shall be in writing. A copy shall be sent
to the applicant by certified mail and a copy filed with the city
clerk’s office for public inspection. The commission’s
decision shall state the reasons for granting or denying the hardship
application.
(f)
An
applicant submitting a hardship application who is dissatisfied with
the action of the commission relating to the approval or denial of
such application shall have the right to appeal in writing to the
city council within thirty (30) days after receipt of notification
of such action. The city council shall give notice, follow publication
procedure, hold hearings, and make its decisions in the same manner
as provided in the general zoning ordinance of the city.
(Ordinance 021301-01, sec. 4, adopted 2/13/01)
Nothing in this article shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
landmark building of any exterior architectural feature of a landmark
building [sic] which does not involve a change in design or outward
appearance. Exterior paint color is included in ordinary maintenance.
In-kind replacement or repair is included in this definition of ordinary
maintenance; provided, however, that this section does not eliminate
any requirement for a building permit. If the city manager [determines
that the replacement or repair] does not constitute ordinary maintenance
under the terms of this section, he/she shall refer the application
to the historic landmark commission.
(Ordinance 021301-01, sec. 5, adopted 2/13/01)
(a)
Definition.
No owner or person with an interest in real
property designated as a significant historic landmark or Historic
Hubbard landmark shall permit the property to fall into a serious
state of disrepair so as to result in the deterioration of an exterior
architectural feature which would, in the judgment of the commission,
produce a detrimental effect upon the character of the landmark as
a whole or the life and character of the property itself. Examples
of such deterioration include, but are not limited to, the following:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco, bricks, masonry or
mortar.
(5)
Ineffective waterproofing of exterior walls, roof, or foundations,
including broken windows or doors.
(6)
Deterioration of any feature so as to create a hazardous condition
that could lead to the claim that demolition is necessary for the
public safety.
(b)
Hearing procedure.
(1)
Upon notification to the commission of such a state of disrepair,
the commission shall notify the owner in writing informing the owner
of the complaint and specifics of the alleged deterioration, requesting
that the owner appear before the commission for a fuller and more
accurate determination of the existence of detrimental deterioration.
(2)
If, after a hearing before the commission, the commission determines that the deterioration has produced a detrimental effect as described in subsection (a) of this section, the owner shall be given a reasonable time and opportunity to cure the deterioration by restoration or other appropriate actions. Failure of the owner to cure the deterioration within the time specified by the commission shall cause the owner to lose the right to display an official plaque or yard marker identifying it as a Historic Hubbard landmark. It shall be noted on the inventory of historic properties that it is no longer designated as such, giving the date of the decision and the reason.
(3)
A property owner dissatisfied with the action of the commission relating
to a commission finding in this section shall have the right to appeal
in writing to the city council within thirty (30) days after receipt
of the commission finding.
(Ordinance 021301-01, sec. 6, adopted 2/13/01)
Violation of this article is subject to a civil penalty of not
less than fifty dollars ($50.00) and no more than one thousand dollars
($1000.00) for each day of violation.
(Ordinance 021301-01, sec. 7, adopted 2/13/01)
