The City Council of Slaton hereby declares, that as a matter
of public policy, the protection, enhancement, and perpetuation of
landmarks or district of historical and cultural importance and significance
is necessary to promote the economic, cultural, educational, and general
welfare of the public. Downtown Slaton represents the unique confluence
of 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 ordinance is intended to:
(a)
protect
and enhance the landmarks and districts which represent distinctive
elements of Slaton’s historic, architectural, and cultural heritage;
(b)
foster civic
pride in the accomplishments of the past;
(c)
protect
and enhance Slaton’s attractiveness to visitors and support
and stimulate the economy;
(d)
insure the
harmonious, orderly, and efficient growth and development of the city;
(e)
promote
economic prosperity and welfare of the community by encouraging the
most appropriate use of property within the city;
(f)
encourage
stabilization, restoration, and improvement of such properties and
their values.
(Ordinance 699 adopted 7/15/08)
There is hereby created a commission to be known as the Slaton
Historic District Preservation Commission.
(a)
The Historic
Commission shall consist of 7 (seven) members to be appointed, to
the extent available among the residents of the community, by the
city commission as follows:
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The City will seek to appoint as members:
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an architect, planner, or representative of a design profession;
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a historian, either by college degree or reputation;
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a licensed real estate broker;
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an attorney;
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an owner of a landmark or property within a historic district.
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(b)
All Historic
Commission members, regardless of background, shall have a known and
demonstrated interest, competence, or knowledge in historic preservation
within the City of Slaton, Texas. The Historic Commission as a whole
should represent the ethnic makeup of the city and the City Commission
shall strive to accomplish that diversity in its appointments.
(c)
Historic
Commission members shall serve for a term of 3 years, with the terms
to be staggered among the representatives to achieve staggered terms
for the Commission. The initial commission shall determine their terms
by drawing for lots.
(d)
The Chairman
and Vice Chairman of the Historic Commission shall be elected by and
from the members of the Commission.
(e)
The Slaton
Historic Preservation Commission shall be empowered to:
(1)
Make
recommendations for employment of staff and professional consultants
as necessary to carry out the duties of the Commission,
(2)
Prepare
rules and procedures as necessary to carry out the business of the
Historic Commission, which shall be presented to the City Commission
for consideration for ratification,
(3)
Adopt
criteria for the designation of historic, architectural, and cultural
landmarks and the delineation of historic districts, which shall be
presented to the City Commission for consideration for ratification,
(4)
Conduct
surveys and maintain an inventory in the office of the City Secretary
of significant historic, architectural, and cultural landmarks and
all real properties located in historic district within the city,
(5)
Recommend
the designation of resources as landmarks and historic districts,
(6)
Create
committees from among its membership and delegate to these committees
responsibilities to carry out the purposes of this ordinance,
(7)
Maintain
written minutes that record all actions taken by the Historic Commission
and the reasons for taking such actions,
(8)
Recommend
owners of landmarks or properties within districts for recognition
by means of certificates, plaques, or markers,
(9)
Increase
public awareness of the value of historic, cultural, and architectural
preservation by developing and participating in public education programs,
(10)
Make
recommendations to the city commission concerning the utilization
of state, federal, or private funds to promote the preservation of
landmarks and historic districts within the city,
(11)
Approve
or disapprove of applications for certificates of appropriateness
pursuant to this ordinance,
(12)
Prepare
and submit annually to the city commission a report summarizing the
work completed during the previous year,
(13)
Prepare
specific design guidelines supplementary to requirements of this ordinance,
for the review of landmarks and districts,
(14)
Recommend
the acquisition of landmark structures by the city government where
preservation is essential to the purpose of this act and where private
preservation is not feasible,
(15)
Propose
tax abatement programs(s) for landmarks or districts,
(16)
Accept
on behalf of the city government the donation of preservation easements
and development rights as well as any other gifts of value for the
purpose of historic preservation, subject to the approval of the City
Commission.
(f)
The Historic
Commission shall meet at least quarterly, if business is at hand.
Special meetings may be called at any time by the Chairman (or mayor)
or on the written request of any two Commission members. All meetings
shall be held in conformity with the Texas Open Meetings Act, Texas
Civil Statutes, Article 6252-17.
(g)
A quorum
for the transaction of business shall consist of not less than a majority
of the appointed membership.
(Ordinance 699 adopted 7/15/08)
(a)
These provisions
pertaining to the designation of historic districts constitute a part
of the comprehensive zoning plan of the City of Slaton.
(b)
When an
area is to be considered for designation as a historic district, the
Historic Preservation Commission shall schedule a hearing for such
consideration. Real Property owners within a proposed historic district
shall be notified by regular U.S. Mail posted 15 days 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 that will become part
of a record regarding the historic, architectural, or cultural importance
of the proposed historic district,
(d)
Upon positive
recommendation by the Historic Commission, the recommendations shall
be submitted to the Zoning Commission within thirty (30) days from
the date of action by the Historic Commission. The 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 Historic 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 Slaton. The Zoning Commission
shall make its recommendation, either positively or negatively, to
the City Commission within forty-five (45) days subsequent to the
hearing on the proposed designation.
(e)
The City
Commission shall schedule a hearing on the Historic Commission’s
recommendation to be held within forty-five (45) days of receipt of
the recommendation of the Zoning Commission. The City Commission 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 Slaton.
(f)
The City
Commission must make its determination within ten (10) days of the
hearing. After such decision, an owner or the Historic Commission
can submit a written appeal for a second hearing within thirty (30)
days of the ruling. If the City Commission fails to make a determination,
such shall be considered a rejection of the recommendation.
(g)
Upon designation
of a building, object, site, or structure as a historic landmark or
district, the City Commission shall cause the designation to be recorded
in the Official Public Records of Real Property of Lubbock County,
the tax records of the City of Slaton, and the Lubbock Central Appraisal
District as well as the official zoning maps of the City of Slaton.
All zoning maps should indicate the designated historic district by
an appropriate and consistent mark.
(Ordinance 699 adopted 7/15/08)
These provisions pertaining to the designation of historic landmarks
constitute a part of the comprehensive zoning plan of the City of
Slaton.
(a)
Real Property
owners of proposed historic landmarks shall be notified by regular
U.S. Mail posted 15 days prior to the Historic Commission hearing
on the recommended designation. At the Historic 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.
(b)
Upon recommendation
of the Historic Commission, the recommendation shall be submitted
to the Zoning Commission within thirty (30) days from the date action
by the Historic Commission. The 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 Historic 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 Slaton. The Zoning Commission shall make its recommendation
to the City Commission within forth-five (45) days subsequent to the
hearing on the proposed designation. The City Commission shall schedule
a hearing on the Historic Commission’s recommendation to be
held within forty-five (45) days of receipt of the recommendation
of the Zoning Commission. The City Commission shall give notice, follow
the publication procedure, hold hearing, and make its determination
in the same manner as provided in the general zoning ordinance of
the City of Slaton.
(c)
The City
Commission must make its determination within ten (10) days of the
hearing. If the City fails to make a decision within that period,
such shall be considered a rejection of the recommendation. After
such decision, an owner or the Historic Commission can submit a written
appeal within thirty (30) days of the ruling.
(d)
Upon designation
of a building, object, site, or structure as a historic landmark or
district, the City Council shall cause the designation to be recorded
in the Official Public Records of Real Property of Lubbock County,
the tax records of the City of Slaton, and the Lubbock Central Appraisal
District as well as the official zoning maps of the City of Slaton.
All zoning maps should indicate the designated landmarks with an appropriate
and consistent mark.
(Ordinance 699 adopted 7/15/08)
(a)
An historic
landmark or district may be designated if it:
(1)
Possesses
historical, architectural, archeological, and cultural significance.
(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 events that have been significant to the city’s 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.
(Ordinance 699 adopted 7/15/08)
(a)
The city
commission shall appoint a qualified city official, staff person,
or appropriate resident of the municipal entity to serve as historic
preservation officer. This officer shall administer this ordinance
and advise the Historic Commission on matters submitted to it.
(b)
In addition
to serving as representative of the Historic 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.
(c)
In the absence
of a qualified official or staff person of the municipality, a volunteer
resident serving as preservation officer should be made aware of the
liability issues involved in serving in this capacity.
(Ordinance 699 adopted 7/15/08)
(a)
Nothing
in this ordinance shall be construed as repealing any existing ordinance
of the city regulating nuisances or permitting uses which are now
prohibited by ordinances.
(b)
All structures
shall be in keeping with the average value and construction of the
existing development in the area.
(c)
Plan review
requirement: No construction permit, unless it is for interior renovation
only of an existing structure, shall be issued within the Historic
District until a plan review as required by this section has been
completed and plans approved. The proponent shall provide the items
required as per this ordinance, listed later on in the document.
(Ordinance 699 adopted 7/15/08)
(a)
All future
uses within the historic district shall be of wholesale or retail
sales, service, general or professional office, or residential use.
Storage facilities are expressly excluded unless they are an integral
part of the district.
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Notwithstanding the foregoing, single family residences shall
be permitted on lots adjoining Texas Avenue from the City square to
Industrial Drive. Nothing herein shall require those residences to
meet the standards of this ordinance applicable to commercial or retail
properties. Nonetheless, the owners of these residential properties
shall be required to comply with the provisions of this ordinance
pertaining to Certificates of Appropriateness for Alteration or New
Construction, including the submission to the City of proposals for
changes, alterations, and improvements, which submissions shall be
to the Siaton Historic Preservation Commission.
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Economic Hardship Application Procedures for residences on Texas
Avenue as found in Section 12 shall be similarly applicable.
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(b)
All business
shall be conducted entirely within a building. Permanent outside storage
and/or display of any type is prohibited unless approved on a temporary
basis by the City Code Enforcement Officer.
(c)
Any building
being utilized as a residence may remain so after designation. However,
any new residential use within this district must not be contained
on the first floor of any structure, but lofts would be accepted on
the second floor. Parking for tenants would be placed at the rear
of the building and hidden by a 4' tall fence, if the site provides
adequate space for parking.
(d)
All warehousing
shall be in conjunction with on premise retail and or wholesale sales.
All supplemental storage shall be attached to rear of the principal
building on the site and be subject to all requirements pertaining
to the principal building. The principal structure may not be used
for storage.
(e)
The following
will be permitted uses:
(1)
Art
Gallery.
(2)
Antique[.]
(3)
Bakery.
(4)
Builder’s
supply. All materials must be in a building.
(5)
Bus
station.
(6)
Cafe
supply dealer, fixtures.
(7)
Candy
plant.
(8)
Canvas
goods shop, tents and awnings (no manufacturing).
(9)
Church[.]
(10)
Commercial
private clubs. The sale of alcohol is permitted but only when authorized
by State Law.
(11)
Dance
hall.
(12)
Department
store, discount center, family center.
(13)
Flower
Shop[.]
(14)
Electrical
supply dealer.
(15)
Furniture
store, new and used. (All merchandise must be in a building).
(16)
Game
room, pool, billiard.
(17)
Grocery
or Food Store[.]
(18)
Gym
Fitness[.]
(19)
Gymnastic
or Dance Studio[.]
(20)
Hotel
or Bed and Breakfast Hotels[.]
(21)
Hardware
store.
(22)
Job
printing and lithographing.
(23)
Laboratory,
chemical, general analysis.
(24)
Loft
apartments contained completely within the second floor of a building.
(25)
Magazine
agency.
(26)
Meat
Market[.]
(27)
Newspaper[.]
(28)
Nonprofit
training center with retail sales.
(29)
Paint,
tile, carpet, wail covering, and floor covering store.
(30)
Pest
control service.
(31)
Pet
shop - totally within a building.
(32)
Photography
Studio[.]
(33)
Physicians[.]
(34)
Plumbing
service.
(35)
Print
shop.
(36)
Private
community centers for the social use of the residents of an addition,
subdivision, housing development, or apartment complex that is operated
by an association or incorporated group for their use and benefit.
(37)
Produce
market.
(38)
Quilt
Shop[.]
(39)
Radio,
stereo, or television repair shops.
(40)
Rental
store (no outside storage or display).
(41)
Restaurants
with sales of mixed alcoholic beverages as an incidental use.
(42)
Restaurants
when designed for service and consumption of food inside the building.
Patios shall only be located at the rear of the building within the
lot line.
(43)
Secondhand
goods store or pawnshop.
(44)
School[.]
(45)
Sign
shops, limited to window lettering, painted wall signs, banners and
desk signs.
(46)
Store
fixtures sales (no manufacturing permitted).
(47)
Tamale
Plant[.]
(48)
Theaters
and motion picture shows (includes multiple screens).
(49)
Battery
and accessory stores.
(50)
Upholstery
shops, furniture (No outside storage permitted).
(51)
Wholesale
house, sales office and storage - No cotton storage.
(Ordinance 699 adopted 7/15/08)
The following uses may be permitted when approved by the zoning
board of adjustment.
(a)
Shared
or leased parking within six hundred (600) feet of the property when
business circumstances, location of parking spaces and normal hours
of use are conducive to both businesses, and such arrangement is demonstrated
by a letter of agreement between the two (2) parties. Parking lots
shall be located at rear of buildings and should not be visible from
Downtown Square.
(b)
Outside
dining patios must comply with the Texas/American Disability Act for
all walkways and parking.
(c)
Public
utility installations such as, but not limited to, railroad right-of-way
and tracks, transformer stations, transmission lines, telephone exchanges,
lift stations, pumping stations, but in no event shall this be construed
as permitting such uses as garages and shops, railroad yards, loading
yards or warehouses.
(Ordinance 699 adopted 7/15/08)
(a)
Front
yard.
Any lot line adjacent to a dedicated street (not
an alley) shall be a front line.
(1)
The
front yard setback for buildings must originate on the front property
line and conform to the development on the adjacent lot or lots.
(2)
On
corner lots, the front setback shall be no less than zero (0) feet
and no greater than the setback established by the development on
the adjacent lot.
(b)
Rear
yard.
There shall be no rear yard requirement.
(c)
Side
yard.
There shall be no side yard requirement.
(d)
Projections
into required yards.
(1)
Unenclosed
fire escapes, stairways, porch overhangs and/or balconies, covered
or uncovered, may extend four (4) feet into any required yard.
(e)
Lot width.
There shall be no minimum lot width.
(f)
Lot area.
There shall be no lot area requirement.
(g)
Floor
area ratio.
There shall be no floor area ratio requirement.
(h)
Height
limit.
No new or renovated buildings can exceed the height
of the tallest current building within the zoning district.
(Ordinance 699 adopted 7/15/08)
(a)
Landscaping
for buildings with zero (0) front and side setback shall be restricted
to rear yards and parking islands along the Downtown Square. Landscaping
in front yards shall be deemed inappropriate with the historic character
and are not permitted.
(b)
All required
landscaping on such Parking Islands may be maintained by the City
of Slaton or Local Volunteers and must be visible from the public
right-of-way and placed for maximum enhancement of the property along
the Downtown Square.
(c)
Landscaped
hard surface materials may include only brick, stone, and modular
pavers. Landscaping may also include aggregate poured-in-place, concrete,
or asphalt, or similar material.
(d)
All new
landscaped areas shall use drip-irrigation to avoid spraying onto
adjacent streets and capable of sustaining the plant materials. Irrigation
systems shall meet acceptable industry standards and shall be installed
by a licensed irrigator.
(Ordinance 699 adopted 7/15/08)
(a)
Corner
lots:
Lots on all intersection corners shall maintain
a visibility triangle which will require an unobstructed line of sight
as measured from the corner of both intersecting curblines a distance
of 25 feet. This shall require no obstruction to vision with a height
greater than 2 feet above the adjacent curt [curb];
(b)
Parking
Islands:
It shall be unlawful to set out, construct,
maintain, or permit to be maintained, set out or constructed any shrub
or plant (excluding trees), sign or structure, or any other view obstruction
having a height of greater than three (3) feet, as measured from the
top of the curb of the adjacent street, in the Parking Island. All
trees with a trunk diameter greater than two (2) inches measured three
(3) feet above ground level that are within any of the Parking Island
shall be trimmed so that no foliage is less than six (6) feet above
the top of the curb of the adjacent street. No evergreen or coniferous
species of tree shall be allowed in the Parking Island.
(c)
The exceptions
to the visibility obstructions shall include traffic-control signs
and signals, and street signs, utility poles and fire hydrants.
(Ordinance 699 adopted 7/15/08)
Shared or leased parking shall be subject to approval by the
zoning board of adjustment.
Any lighting of drives or parking areas shall be so designed
as not to cause glare on any other residential or apartment zoned
area in the vicinity.
Plans for off-street parking areas shall be submitted to be
checked and approved as to access, ingress and egress by the city
under the terms of this district and the city’s driveway regulations.
No overhead or garage doors shall be allowed facing the Downtown
Square. All such doors must open onto a rear alley and be contained
within the rear yard.
(Ordinance 699 adopted 7/15/08)
The following shall be disqualified for designation:
(a)
All structures
on a site shall be disqualified if the principal structure is used
exclusively for storage.
(b)
Any structure,
business, or site that produces noxious smells, fumes, dust, chemical
odors of an offensive nature, or by products or noise in amounts prohibited
by statute or ordinance.
(Ordinance 699 adopted 7/15/08)
Persons developing property within the Historic District are
strongly encouraged to schedule a pre-application conference with
the planning department. Plans submitted under the provisions of this
section should convey the exterior design elements of a development
and illustrate the property’s relationship to its surroundings.
A complete set of documents shall include the following information:
(a)
A completed
project application form along with detailed description of proposed
work.
(b)
Owner or
representative’s name, address, phone and project title.
(c)
Photographs
illustrating the condition of the property, including all facades
of any existing buildings.
(d)
Site plans,
maps and Elevation drawings of the proposed changes, especially of
the front facades facing the Downtown Square. All submissions should
be to scale and illustrate:
(1)
All property
lines, north arrow and scale.
(2)
All streets,
alleys and easements, both existing and proposed. Relationship to
the existing Downtown Square and surrounding Historic District should
be clearly understood.
(3)
Architectural
character and use of materials, including mechanical equipment and
other visible items associated with the structure or development lot.
Illustrations should include:
(4)
Location
and dimensions of buildings and structures.
(5)
Building
height and setback from adjacent right-of-way lines.
(6)
Proposed
ingress and egress to property, and traffic flow and control.
(7)
Off-street
parking and loading areas, including any additional information required
to calculate parking requirements.
(8)
Type,
dimension, and character of screening and location of all utilities
on site.
(9)
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.
(10)
Location,
height and design of outdoor lighting.
(11)
Landscape
plan including specifications for hard-surface landscape materials.
(12)
Illustration
of all utilities existent and proposed.
(e)
Other information
that will assist in the evaluation of site development is encouraged,
but not required.
(Ordinance 699 adopted 7/15/08)
(a)
Prior
to issuance of a construction permit, complete plans shall be submitted
to the City of Slaton. The designated staff person shall determine
by review of such plans whether the proposed development meets the
intent of this section and the “Design Guidelines for the Historic
District of Slaton,” dated 2008, a copy of which is attached
hereto and incorporated in this ordinance as if fully set forth. Within
ten (10) working days receipt by the planning department, both the
proponent and the building official will be informed in writing of
the staff person’s decision including the need for review by
the Slaton Historic Preservation Commission or any conditions for
approval. The staff person’s decision may be appealed in writing
to the zoning board of adjustment by the applicant or other interested
person within thirty (30) days of the written decision.
(b)
If the
staff person determines that the proposal contains unique circumstances
which cannot be accommodated by the standards of this zoning district
and the “Design Guidelines for the Historic District of Slaton,”
the senior planner shall notify the proponent in writing and the plans
shall be placed on the next available agenda of the Slaton Historic
Preservation Commission for recommendations. The Historic Commission
shall use this section and the design standards to determine whether
the development meets the intent of each and to make recommendations.
(c)
Factors
to be considered by the commission in making their recommendation
and attaching conditions include:
(d)
Upon recommendation
by the Historic Commission, the staff person may vary the requirements
of the design standards. Variances from the requirements, even if
recommended by the Historic Commission, must be approved by the zoning
board of adjustment. The Historic Commission shall provide its recommendations
in writing to the applicant and to the zoning board of adjustment.
(e)
For Conditional
or Special Permit Uses, upon receipt of an application for a conditional
use by the planning and zoning commission an investigation shall be
made as to the manner in which the proposed location and character
of the conditional use will affect the master city plan of Slaton.
The investigating committee shall report the results of its study
of said application to the zoning board, and, if the report is favorable
toward the application, the zoning board may, after public notice
and hearing according to law, grant the permit including the imposition
of conditions of the use consistent with the spirit, purpose and intent
of this ordinance, will not substantially and permanently injure the
appropriate use of neighboring property, and will substantially serve
the public convenience and welfare.
(Ordinance 699 adopted 7/15/08)
(a)
No person
shall carry out any construction, reconstruction, alteration, restoration,
rehabilitation, or relocation of any historic landmark or any property
within a 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 public right-of-way which
affect the appearance and cohesiveness of any historic landmark or
any property within a historic district.
(b)
All new
construction and exterior renovation shall obtain a certificate of
appropriateness for the proposed construction to ensure compatibility
with the existing historic resources of the district.
(Ordinance 699 adopted 7/15/08)
In considering an application for a certificate of appropriateness,
the Commission shall be guided by any adopted design guideline, and
where applicable, the following from The Secretary of the Interior’s
Standards for Rehabilitation of Historic Buildings. Any adopted design
guideline and Secretary of the Interior’s Standards shall be
made available to the property owners of historic landmarks or within
historic districts.
(a)
Every reasonable
effort shall be made to adapt the property in a manner which requires
minimal alteration of the building, structure, object, or site and
its environment.
(b)
The distinguishing
original qualities or character of a building, structure, object,
or site and its environment shall not be destroyed. The removal or
alteration of any historic material or distinctive architectural features
should be avoided when possible.
(c)
All buildings,
structures, objects, and sites shall be recognized as products of
their own time. Alterations that have no historical basis and which
seek to create and earlier appearance shall be discouraged.
(d)
Changes
which may have taken place in the course of time are evidence of the
history and development of 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.
(e)
Distinctive
stylistic features or examples of skilled craftsmanship which characterize
a building, structure, object, or site shall be kept where possible.
(f)
Deteriorated
architectural features shall be repaired rather than replaced, wherever
possible. In the event replacement is necessary, the new material
should reflect the material being replaced in composition, design,
color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplications
of features, substantiated by historical, physical, or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements form [from] other buildings or structures.
(g)
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.
(h)
Every reasonable
effort shall be made to protect and preserve archeological resources
affected by, or adjacent to, any project.
(i)
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.
(j)
Whenever
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 building, structure, object, or site would be unimpaired.
(Ordinance 699 adopted 7/15/08)
A permit 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 (building inspector or other
city official) without the review of a completed application for a
certificate of appropriateness by the Historic Commission, as provided
for in this ordinance.
(Ordinance 699 adopted 7/15/08)
(a)
After receiving
written notification from the Historic Commission of the denial of
certificate of appropriateness, an applicant may commence the hardship
process. No building permit or demolition permit shall be issued unless
the Historic 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 Historic 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 in writing to the Historic Commission.
(d)
The Historic
Commission shall hold a public hearing on the application within sixty
(60) days from the date the application is received by the historic
preservation officer. Following the hearing, the Historic Commission
has thirty (30) days in which to prepare a written recommendation
to the City Zoning Commission. In the event that the Historic Commission
does not act within ninety (90) days of the receipt of the application,
a permit may be granted.
(e)
All decisions
of the Historic Commission shall be in writing. A copy shall be sent
to the applicant by registered mail and a copy filed with the city
clerk’s office for public inspection. The Historic Commission’s
decision shall state the reasons for granting or denying the hardship
application.
(f)
An applicant
for a certificate of appropriateness dissatisfied with the action
of the Historic Commission relating to the issuance or denial of a
certificate of appropriateness shall have the right to appeal to the
City Commission within thirty (30) days after receipt of notification
of such action. The City Commission shall give notice, follow publication
procedure, hold hearings, and make its decision in the same manner
as provided in the general zoning ordinance of the city.
(Ordinance 699 adopted 7/15/08)
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 historic preservation officer
to inspect periodically any such work to assure compliance. In the
event work is not being performed in accordance with the certificate
of appropriateness, or upon notification of such fact by the Historic
Commission and verification by the historic preservation officer,
the historic 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 a stop work is in effect.
(Ordinance 699 adopted 7/15/08)
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 699 adopted 7/15/08)
(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, in the judgment
of the Historic Commission, produce a detrimental effect upon the
character of the historic district as a whole or the life and character
of the property itself.
(1)
Examples
of such deterioration include:
(i)
Deterioration
of exterior walls or other vertical supports.
(ii)
Deterioration of roof or other horizontal members.
(iii)
Deterioration of exterior awnings.
(iv)
Deterioration of exterior signage.
(v)
Deterioration
or crumbling of exterior stucco or mortar.
(vi)
Ineffective waterproofing of exterior walls, roof, or foundations,
including broken windows or doors.
(vii)
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 699 adopted 7/15/08)
Any person or corporation who shall violate any of the provisions
of this ordinance or fail to comply therewith or with any of the requirements
thereof, or who shall build or alter any buildings in violation of
any detailed statement or plan submitted and approved thereunder,
shall be guilty of a misdemeanor, and shall be subject to a fine of
not more than one hundred dollars ($100.00), and each day such violation
shall be permitted to continue shall constitute a separate offense.
The owner or owners of any building or premises or part thereof, where
anything in violation of this ordinance shall be placed, or shall
exist, and any architect, builder, contractor, agent, person or corporation,
employed in connection therewith and who may have assisted in the
commission of any such violation, shall be guilty of a separate offense
and upon conviction thereof shall be fined as above provided.
(Ordinance 699 adopted 7/15/08)
