As used in this chapter, the term “historic landmark” shall mean any buildings, land, areas or districts of historical, architectural, archaeological or cultural importance or value, which the City Council determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education, and welfare of the people[.]
(Ordinance 2017-001 adopted 2/20/17)
The City Council hereby finds and declares as a matter of public policy, that the protection, enhancement, preservation, and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education and welfare of the people. The purposes of this section are:
(A) 
To protect, enhance, and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city’s cultural, social, economic, political, archaeological, and architectural history.
(B) 
To safeguard the city’s historic and cultural heritage, as embodied and reflected in such historic landmarks.
(C) 
To stabilize and improve property values in such locations.
(D) 
To foster civic pride in the beauty of noble accomplishments of the past.
(E) 
To protect and enhance the city’s attractions to tourists and visitors and provide incidental support and stimulus to business and industry.
(F) 
To strengthen the economy of the City.
(G) 
To promote the use of historic landmarks for the culture, prosperity, education and welfare of the people of the City and visitors to the City.
(Ordinance 2017-001 adopted 2/20/17)
The City Council may designate certain buildings, land areas, and districts in the City as historic landmarks and define, amend, and delineate the boundaries thereof. The suffix “H” shall indicate the zoning subdistrict designation of those buildings, land, areas, and districts which the City Council has designated historic landmarks. Such designation shall be in addition to any other zoning district designation established in the zoning ordinance. All zoning district maps shall reflect the designation of an historic landmark subdistrict by the letter “H” as a suffix.
(Ordinance 2017-001 adopted 2/20/17)
In making such designation as set forth in this section, the City Council shall consider one (1) or more of the following criteria:
(A) 
Character, interest or value as part of the development, heritage or cultural characteristics of the City of Atlanta, State of Texas, or the United States.
(B) 
Location as the site of a significant historic event.
(C) 
Identification with a person or persons who significantly contributed to the culture and development of the City.
(D) 
Exemplification of the cultural, economic, social or historical heritage of the City.
(E) 
Portrayal of the environment of a group of people in an era of history characterized by distinctive architectural style.
(F) 
Embodiment of distinguishing characteristics of an architectural type or specimen.
(G) 
Identification as the work of an architect or master builder whose individual work has influenced the development of the City.
(H) 
Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation.
(I) 
Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on historic, cultural or architectural motif.
(J) 
Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the city.
(K) 
Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest.
(L) 
Value as an aspect of community sentiment or public pride.
(Ordinance 2017-001 adopted 2/20/17)
(A) 
There is hereby created a committee to be known as the Historic Landmark Preservation Committee of the City, hereinafter called the “committee” composed of five (5) members appointed by the City Council within sixty (60) days from the effective date of this Ordinance. All members should have knowledge or experience in the field of history, art, architecture, or real estate planning and development.
(B) 
Appointments to the committee shall be for a term of two (2) years ending on September first of each odd-numbered year and the members shall serve without compensation. The committee shall designate a chairman and a vice-chairman from its members.
(C) 
The committee shall meet at least quarterly, with additional meetings upon call by the committee chairman or upon petition of a simple majority of committee members. Three (3) members present shall constitute a quorum and issues shall be decided by a simple majority vote of the members present.
(Ordinance 2017-001 adopted 2/20/17)
(A) 
The committee shall thoroughly familiarize itself with the buildings, land, area, and districts within the City which may be eligible for designation as historic landmark and shall prepare an historic landmark preservation plan, hereinafter referred to as the “preservation plan,” which shall:
(1) 
Identify and catalog buildings, land, areas and districts of historical, architectural, archaeological or cultural value along with statements of fact which verify their significance;
(2) 
Identify criteria to be used in determining whether certain buildings, land, areas and districts should be designated as historic landmarks;
(3) 
Identify guidelines to be used in determination of whether to grant or deny certificates of appropriateness for proposed alterations to the exterior of a designated historic landmark;
(4) 
Formulate a program for private and public action which will state the role of various City agencies in the preservation of historic landmarks;
(5) 
Suggest sources of funds for preservation and restoration activities for all acquisitions, to include federal, state, municipal, private and foundation sources; and
(6) 
Recommend incentives for preservation.
(B) 
The preservation plan shall be presented to the Planning and Zoning Commission for inclusion in the comprehensive plan of the City.
(C) 
The committee shall recommend to the Planning and Zoning Commission that certain buildings, land, areas and districts in the City be designated as historic landmarks. Each recommendation shall include:
(1) 
Those premises, lots or tracts to be designated.
(2) 
Any additional uses to be permitted in specific “H” subcontracts.
(3) 
Specific criteria for the required preservation of the exteriors of the premises within the designated subcontracts.
(D) 
If the committee finds that certain buildings, land, areas or districts cannot be preserved without acquisition, the committee shall recommend to the Planning and Zoning Commission that the fee or a lesser interest in the property be acquired by gift or purchase, using funds available for preservation or restoration.
(E) 
Where there are conditions under which the required preservation of an historic landmark would cause undue hardship to the owner or owners, use changes may be recommended by the committee. Such changes shall be in keeping with the spirit and intent of this chapter.
(F) 
Periodically the committee shall review the status of designated historic landmark subdistricts and include in the committee minutes the report of such review.
(G) 
The designation of an historic landmark subdistrict may be amended or removed using the same procedure as provided in this chapter for the original designation.
(Ordinance 2017-001 adopted 2/20/17)
(A) 
The Planning and Zoning Commission shall hold public hearings as provided in the zoning ordinance of the City to consider any historic landmark subdistrict designation recommended by the committee.
(B) 
At the conclusion of a hearing the Planning and Zoning Commission shall set forth in writing its recommendation, including the findings of fact that constitute the basis for its decision and shall transmit such recommendation to the City Council.
(Ordinance 2017-001 adopted 2/20/17)
(A) 
After notice and public hearing as required by law in a zoning case under the zoning ordinance, the City Council may by ordinance designate an historic landmark subdistrict.
(B) 
Upon passage by the City Council of an historic landmark subdistrict designation ordinance, the City Secretary shall file a copy of the ordinance with the Cass County Clerk and the Cass County Appraisal District together with a notice briefly stating the facts of the designation and shall send a copy of such notice by certified mail to the owner or owners of affected property.
(Ordinance 2017-001 adopted 2/20/17)
(A) 
No building permit for proposed work in a designated historic landmark subdistrict shall be issued to any applicant by the Building Official unless the application has first been reviewed by the Historical Landmark Preservation Committee and a certificate of appropriateness has been issued by the Building Official.
(B) 
When applying for such permit which is determined to involve alterations to the exterior of a designated building, the applicant shall forward two (2) copies of all detailed plans, elevations, perspectives, specifications and other documents pertaining to the work to the Building Official, who shall forward it to the Historical Landmark Preservation Committee Chairman within five (5) days of receipt thereof. Any applicant may request a meeting with the committee before submitting an application and may consult with the committee during the review of the permit application.
(C) 
Upon review of the application, the Historical Landmark Preservation Committee shall determine whether the proposed work is of a nature which will adversely affect any historical, architectural, archaeological or cultural feature of the historic landmark, and whether such work is appropriate and consistent with the spirit and intent of this chapter and the designating ordinance. It shall recommend approval or disapproval within thirty (30) days of receipt of the application. Upon receipt of the committee’s recommendation, the Planning and Zoning Commission shall immediately notify the applicant of their action. If the Planning and Zoning Commission has denied the certificate of appropriateness, the applicant may file in writing, his notice of appeal with the City Council within ten (10) days after receiving notice from the Planning and Zoning Commission. The Planning and Zoning Commission shall immediately forward the notice of appeal, together with a record of the proceedings, to the City Secretary, who shall place it on the City Council agenda for a hearing; and the applicant shall be notified by the City Secretary of the date of the hearing.
(D) 
If no action has been taken by the Planning and Zoning Commission within forty-five (5) [sic] days of original receipt by him of the application, the building permit shall be issued.
(E) 
No change shall be made in the application for any building permit after issuance of a certificate of appropriateness without resubmittal to the committee and approval thereof in the same manner as provided above.
(F) 
After a decision is reached by the Planning and Zoning Commission denying an application for certificate of appropriateness, where no appeal is made to the City Council, a resubmittal of application will not be accepted for additional hearing within a twelve-month period from the date of final decision except upon written request by the applicant, indicating the incorporation of changes in plans and specifications to the original application as recommended by the Historical Landmark Preservation Committee.
(Ordinance 2017-001 adopted 2/20/17)
If application is received by the Building Official for demolition or removal of any designated historic landmark, or designated building within an “H” subdistrict as provided for in paragraphs 27.00 [27.06], 27.07, and 27.08 of this Section, the committee shall hold a hearing within thirty (30) days after the application is initially filed and forwarded to the committee. The committee shall hear all other interested parties. The committee shall consider the state of repair of the building, the reasonableness of the cost of restoration or repair, taking into account the purpose of preserving the designated historic landmark, the character of the neighborhood, and all other factors which it finds appropriate. The committee may recommend the disapproval of the application by determining that in the interest of preserving historical values, the structure should not be demolished; and in that event, the application shall be suspended for a period not exceeding ninety (90) days from the date of application. Within the suspension period, the committee may request an extension of the suspension period by the City Council. If the City Council, after notice to the applicant and public hearing, determines that there is reasonable ground for preservation, the Council may extend the suspension period for an additional period not exceeding one hundred twenty (120) days, to a total not more than two hundred forty (240) days from the date of application for demolition. During the period of suspension of the application, no permit shall be issued for such demolition or removal nor shall any person demolish or remove the building or structure. If no action is taken by the City Council within two hundred forty (240) days from the date of application, the demolition permit shall be issued and the Building Official shall so advise the applicant.
(Ordinance 2017-001 adopted 2/20/17)
Use classifications as to all property which may be included in an historic landmark subdistrict shall continue to be governed by the zoning ordinance of the city and shall continue upon establishing the “H” subdistrict.
(Ordinance 2017-001 adopted 2/20/17)
(A) 
It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze or maintain any historic landmark in violation of the provisions of this chapter. In addition to other remedies, the city may institute any appropriate action or proceedings to prevent such unlawful construction, restoration, demolition, razing or maintenance, to restrain, correct or abate such violation.
(B) 
Any person who violates any provision of this chapter shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued or permitted; and each offense shall be punishable by a fine of not more than two hundred dollars ($200.00).
(Ordinance 2017-001 adopted 2/20/17)