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:
The City will seek to appoint as members:
•
an architect, planner, or representative of a design profession;
•
a historian, either by college degree or reputation;
•
a licensed real estate broker;
•
an attorney;
•
an owner of a landmark or property within a historic district.
(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,
(c) 
The Commission may recommend the designation of a district if it:
(1) 
Contains properties and an environmental setting which meet one or more of the criteria for designation as a landmark; and,
(2) 
Constitutes a distinct section of the City of Slaton by having identifiable boundaries.
(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.
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.
Economic Hardship Application Procedures for residences on Texas Avenue as found in Section 12 shall be similarly applicable.
(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:
(i) 
Elevation drawings, photographs and other supporting materials to illustrate the proposed renovation.
(ii) 
Specifications for all materials to be used, including samples if necessary for complete understanding.
(iii) 
Color specifications with samples preferred.
(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:
(1) 
the extent to which the proposal differs from the design standards or the standards of the ordinance,
(2) 
the impact of these modifications on existing and future development in the area, and
(3) 
the public purpose to be served by permitting the requested modifications.
(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)