[1]
Editor’s note–Former article pertaining
to historic districts and landmarks, was amended and replaced with
similar provisions by Ordinance O2023-11-23 adopted 11/7/2023. Prior to the amendment,
this article derived from the following: Ordinance
O2004-01-01 adopted 1/6/04; Ordinance 02009-12-16R adopted 12/15/09; Ordinance O2013-05-01 adopted 5/21/13; Ordinance O2013-08-03 adopted 8/20/13 and Ordinance O2023-06-13 adopted 6/20/2023.
The city council 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. 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 produced significant
historic, architectural, and cultural resources that constitute their
heritage. This act is intended to:
(1)
Protect and enhance the landmarks and districts 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 and
the support and stimulus to the economy thereby provided;
(4)
Ensure 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;
(7)
Balance the rights of the public which justify the preservation of
our history and culture, with those of private property owners who
own and control property, and are entitled to the reasonable use and
return from their assets, consistent with the police power of the
city as established and recognized in the state jurisprudence;
(8)
Assist property owners and tenants as well as civic organizations
concerned with historical preservation;
(9)
Offer assistance to interested property owners with preservation
and renovation projects, i.e., tax incentives, low-interest loans,
design, construction, and pre-inspection consultations;
(10)
Ensure the mapping and designation of historic districts and historic
landmarks effectively includes and protects all historically significant
structures, without the degree of certainty and precision which would
require actual surveys of the parcels. The city council determines
that the cost of the actual surveys exceeds any relative benefit to
the owners or the community.
(Ordinance O2023-11-23 adopted 11/7/2023)
(a)
There is hereby created a commission to be known as the "Hillsboro
Historic Preservation Commission."
(b)
The commission shall consist of seven (7) members to be appointed,
to the extent available among the residents of the community, by the
city council as follows:
(1)
At least one shall be an architect, planner, or representative
of a design profession;
(2)
At least one shall be a member of the county historical commission
or the Hillsboro Heritage League board of directors;
(3)
At least one shall be a licensed real estate broker or local
building contractor;
(4)
At least one shall be a property owner within the central business
district;
(5)
At least one shall be an owner of a landmark or a property in
a historic district;
(6)
At least two at large representatives;
(c)
All Commission members, regardless of background, shall have a known
and demonstrated interest, competence, or knowledge in historic preservation
within the city.
(d)
All appointees shall meet the qualifications for appointment as adopted
in the city's board, commission, and committee policies including
an orientation/training workshop and oath of office prescribed by
the city council before taking office.
(e)
Commission members shall serve for a term of two (2) years with a
maximum of three consecutive full terms on the commission. To preserve
continuity of experience, four appointments will be made in even-numbered
years and three appointments in odd-numbered years.
(f)
The chairman and vice-chairman of the commission shall be elected
by and from the members of the commission.
(g)
The commission shall be empowered to:
(1)
Make recommendations for the 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 commission, which shall be ratified by the city council.
(3)
Adopt criteria for the designation of historic, architectural,
and cultural landmarks and the delineation of historic districts,
which shall be ratified by the city council.
(4)
Conduct surveys and maintain an inventory of significant historic,
architectural, and cultural landmarks and all properties located in
historic districts within the city.
(5)
Recommend the designation of resources as landmarks and historic
districts.
(6)
Maintain written minutes which record all actions taken by the
commission and the reasons for taking such actions.
(7)
Recommend conferral of recognition upon the owners of landmarks
or properties within districts using certificates, plaques, or markers.
(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 of applications for certificates of appropriateness
under this act.
(11)
Prepare and submit annually to the city council a report summarizing
the work completed during the previous year.
(12)
Prepare specific design guidelines for the review of landmarks
and districts.
(13)
Investigating, reviewing, and reporting on any matter which
may be referred by the city council.
(h)
The commission shall meet at least monthly if business is at hand
on the first Thursday of the month. 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 state
Open Meetings Act, the state Civil Statutes, article 6252-17. A proposed
agenda must be submitted to the city secretary 96 hours before the
scheduled date and time of the meeting. Meetings shall be posted at
the city administration building with notice of a meeting to be sent
to the city's newspaper of record.
(i)
A quorum for the transaction of business shall consist of not less
than a majority of the active authorized membership.
(j)
All members of the historic preservation commission shall serve without
compensation but could be reimbursed for expenses incurred in the
performance of their duties as members of the board when specifically
authorized by the city council. Appointees shall be required, at the
city's expense, to complete any additional training required
by any governing statutes, regulations, ordinances, or resolutions.
(k)
All correspondence, appeals, complaints, surveys, inventories, lists,
and other materials about the business of the historic preservation
commission shall be maintained in the offices of the city and shall
be the property of the city.
(Ordinance O2023-11-23 adopted 11/7/2023)
(a)
The city manager shall appoint a qualified staff person to serve
as a historic preservation officer. This officer shall administer
this article and advise the commission on matters submitted to it.
(b)
In addition to serving as a representative of the commission, the
officer is responsible for coordinating the City's preservation
activities with those of state and federal agencies and with local,
state, and national nonprofit preservation organizations. The HPO
shall be empowered to:
(1)
Administer this article and advise the HPC on matters submitted
to it.
(2)
Maintain and hold open for public inspection all documents and
records about the provisions of this article.
(3)
Receive and review all applications under this article to ensure
their completeness.
(4)
Review and take action on all certificates of appropriateness
applications subject to administrative review under this article.
(5)
Review and forward with any recommendations all applications
for certificates of appropriateness subject to review by the HPC under
this article.
(6)
Ensure proper posting and noticing of all HPC meetings, schedule
applications for HPC review, provide packets to its members before
the meetings, record meeting minutes, and facilitate all HPC meetings.
(7)
Review and help coordinate the city's preservation and
urban design activities with those of local, state, and federal agencies
and with local, state, and national preservation organizations in
the private sector.
(Ordinance O2023-11-23 adopted 11/7/2023)
(a)
These provisions about the designation of historic landmarks constitute
a part of the comprehensive zoning plan of the city.
(b)
The procedure for designating a historic Landmark may be initiated
by the city, by the individual property owner(s), or by at least 20%
of the residents of the potential district. An application for determination
of significance shall be made on forms as prescribed by the city and
shall be filed with the HPO along with fees by the municipal fee schedule.
Buildings, structures, sites, or areas located within the city that
substantially comply with the criteria found in this section may be
recommended to the city council as landmarks or districts by the HPC.
(c)
Property owners of proposed historic landmarks shall be notified
before the commission hearing on the recommended designation. At the
commission's public hearing, owners, interested parties, and
technical experts may present testimony or documentary evidence which
will become part of a record regarding the historic, architectural,
or cultural importance of the proposed historic landmark.
(d)
Upon recommendation of the commission, the proposed historic landmark
shall be submitted to the zoning commission within thirty (30) days
from the date of submittal of the designation request. 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 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. The zoning commission shall make its
recommendation to the city council within forty-five (45) days after
the hearing on the proposed designation.
(e)
The city council shall schedule a hearing on the commission's
recommendation to be held within forty-five (45) days of receipt of
the recommendation of the zoning commission. The city council shall
give notice, follow the publication procedure, hold a hearing, and
make its determination in the same manner as provided in the general
zoning ordinance of the city.
(f)
Upon designation of a (building, object, site, 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
the county, the tax records of the city, and the county appraisal
district as well as the official zoning maps of the city. All zoning
maps should indicate the designated landmarks with an appropriate
mark.
(Ordinance O2023-11-23 adopted 11/7/2023)
(a)
These provisions about the designation of historic districts constitute
a part of the comprehensive zoning plan of the city.
(b)
The procedure for designating a historic district may be initiated
by the city, by the individual property owner(s), or by at least 20%
of the residents of the potential district. An application for determination
of significance shall be made on forms as prescribed by the city and
shall be filed with the HPO along with fees by the municipal fee schedule.
Buildings, structures, sites, or areas located within the city that
substantially comply with the criteria found in this section may be
recommended to the city council as landmarks or districts by the HPC.
(c)
Property owners within a proposed historic district shall be notified
before the commission hearing on the recommended designation. At the
commissioner's public hearing, owners, interested parties, and
technical experts may present testimony or documentary evidence which
will become part of a record regarding the historic, architectural,
or cultural importance of the proposed historic district.
(e)
Upon recommendation of the commission, the proposed historic district
shall be submitted to the zoning commission within thirty (30) days
from the date of submittal of the designation request. 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 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. The zoning commission shall make its
recommendation to the city council within forty-five (45) days after
the hearing on the proposed designation.
(f)
The city council shall schedule a hearing on the commission's
recommendation to be held within forty-five (45) days of receipt of
the recommendation of the zoning commission. The city council shall
give notice, follow the publication procedure, hold hearings, and
make its determination in the same manner as provided in the general
zoning ordinance of the city.
(g)
Upon designation of a historic district the city council shall cause
the designated boundaries to be recorded in the official public records
of real property of the county, the tax records of the city, and the
county appraisal district as well as the official zoning maps of the
city. All zoning maps should indicate the designated historic district
by an appropriate mark.
(Ordinance O2023-11-23 adopted 11/7/2023)
A historic landmark or district may be designated if it:
(1)
Possesses significance in history, architecture, archeology, and
culture;
(2)
Is associated with events that have made a significant contribution
to the board patterns of local, regional, state, or national history;
(3)
Is associated with events that have made a 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;
or
(7)
Is the location of a significant historic event.
(Ordinance O2023-11-23 adopted 11/7/2023)
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, unless previously
opted-out or having been approved with a certificate of appropriateness
from the commission.
(Ordinance O2023-11-23 adopted 11/7/2023)
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 Interiors
Standards for Rehabilitation of Historic Buildings. Any adopted design
guideline and Secretary of the Interiors standards shall be made available
to the property owners of historic landmarks or within historic districts.
(1)
Every reasonable effort shall be made to adapt the property in a
manner that requires minimal alteration of the building, structure,
object, or site and its environment.
(2)
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.
(3)
All buildings, structures, objects, and sites shall be recognized
as products of their own time. Alterations that have no historical
basis and which seek to create an earlier appearance shall be discouraged.
(4)
Changes that may have taken place over 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.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
that characterize a building, structure, object, or site shall be
kept where possible.
(6)
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 from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve archeological
resources affected by, or adjacent to, any project.
(9)
Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural, or cultural material,
and such design is compatible with the size, scale, color, material,
and character of the property, neighborhood, or environment.
(10)
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 O2023-11-23 adopted 11/7/2023)
(a)
Before the commencement of any work requiring a certificate of appropriateness
the owner shall apply for such a certificate with the commission.
The application shall contain:
(1)
Name, address, telephone number of applicant, detailed description
of proposed work.
(2)
Location and photograph of the property and adjacent properties.
(3)
Elevation drawings of the proposed changes, if available.
(4)
Samples of materials to be used.
(5)
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.
(6)
Any other information that the commission may deem necessary
to visualize the proposed work.
(b)
No building permit shall be issued for such proposed work until a
certificate of appropriateness has first been issued by the commission.
The certificate of appropriateness required by this act shall be in
addition to and not instead of any building permit that may be required
by any other ordinance of the city.
(c)
The commission shall review the application at a regularly scheduled
meeting within sixty (60) days from the date the application is received,
at which time an opportunity will be provided for the applicant to
be heard. The commission shall approve, deny, or approve with modifications
the certificate of appropriateness within forty-five (45) days after
the review meeting. In the event the commission does not act within
ninety (60) [sic] days of the receipt of the application, a permit
may be granted.
(d)
All decisions of the commission shall be in writing. The commission's
decision shall state its findings about the approval, denial, or modification
of the application. A copy shall be sent to the applicant. Additional
copies shall be filed as part of the public record on that property
and dispersed to appropriate departments, e.g., building inspection.
(e)
An applicant for a certificate of appropriateness dissatisfied with
the action of the commission relating to the issuance or denial of
a certificate of appropriateness shall have the right to appeal to
the city council within (30) days after receipt of notification of
such action. The city council 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 O2023-11-23 adopted 11/7/2023)
(a)
Certificate Required.
No historic property shall be
demolished or removed unless such demolition shall be approved by
the commission and a certificate of appropriateness for such demolition
shall be granted.
(b)
Procedure.
The procedure for issuance of a certificate
of appropriateness for demolition shall be the same as for the issuance
of other certificates of appropriateness with the following modification.
(1)
After the hearing, the commission may approve the certificate
of appropriateness, thereby authorizing the demolition, or the commission
may deny the certificate of appropriateness and postpone the demotion
for a period of one hundred and twenty (120) days. The purpose of
such a postponement would be to allow the commission and any interested
parties to explore alternatives to demolition.
(2)
The commission may extend the postponement period for an additional
sixty (60) days to enable the completion of ongoing negotiations.
(3)
Notwithstanding any provision of this article, the city council
reserves the right to prohibit the demolition of a landmark structure
with six (6) affirmative votes.
(Ordinance O2023-11-23 adopted 11/7/2023)
(a)
After receiving written notification from the commission of the denial
of a certificate of appropriateness, 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 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 commission, local
preservation groups, and interested parties in a dilligent effort
to seek an alternative that will result in the preservation of the
property. Such efforts must be shown to the commission.
(d)
The commission shall hold a public hearing on the application within
sixty (60) days from the date the application is received by the historic
preservation officer. Following the hearing, the commission has thirty
(30) days in which to prepare a written recommendation to the building
official. If the commission does not act within ninety (90) days of
the receipt of the application, a permit may be granted.
(e)
All decisions of the 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 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 commission relating to the issuance or denial of
a certificate of appropriateness shall have the right to appeal 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 decision in the same manner
as provided in the general zoning ordinance of the city.
(Ordinance O2023-11-23 adopted 11/7/2023)
All work performed under a certificate of appropriateness issued
under this article shall conform to any requirements included therein.
It shall be the duty of the building inspector to inspect periodically
any such work to assure compliance. In the event work is not being
performed by the certificate of appropriateness, or upon notification
of such fact by the commission and verification by the building official,
the building official 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 [order] is in effect.
(Ordinance O2023-11-23 adopted 11/7/2023)
Nothing in this article shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
landmark or property within a historic district that 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 O2023-11-23 adopted 11/7/2023)
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 to result in
the deterioration of any exterior architectural feature which would,
in the judgment of the commission, produce a detrimental effect upon
the character of the historic district as a whole or the life and
character of the property itself. Examples of such deterioration include:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roof or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roof, or foundations,
including broken windows or doors.
(6)
Deterioration of any feature to create a hazardous condition which
could lead to the claim that demolition is necessary for public safety.
(Ordinance O2023-11-23 adopted 11/7/2023)
The purpose of this section is to encourage historic preservation
by providing tax incentives for the renovation and rehabilitation
of properties, which are within a historic district or designated
as landmarks.
(1)
Criteria.
By Section 11.24 of the state Tax Code, the
owner of a building or structure may apply to the city council for
a tax exemption if the following criteria are met:
(A)
The building or structure is designated as a historic landmark
or located within a historic district;
(B)
The site has been designated as a historically significant site
in need of tax relief to encourage its preservation; and
(C)
The building or structure has been substantially rehabilitated
and/or restored as authorized by the historic preservation commission.
(2)
Available Tax Incentives.
The period of tax abatement
for a building or structure may run concurrently. Property owners
with more than one historic landmark or structure within a historic
district may be eligible for multiple abatements. Eligible projects
that meet the established criteria shall be entitled to the following
municipal tax incentives:
(A)
The appraised increase in value caused directly by eligible
improvements completed under a certificate of appropriateness shall
not be added to the appraised tax value of the building or structure
for municipal tax purposes for three (3) years when the property owners
expend $5,000.00 — $10,000.00 on an eligible project.
(B)
The appraised increase in value caused directly by eligible
improvements completed under a certificate of appropriateness shall
not be added to the appraised tax value of the building or structure
for municipal tax purposes for five (5) years when the property owners
expend $10,000.00 — $15,000.00 on an eligible project.
(C)
The appraised increase in value caused directly by eligible
improvements completed under a certificate of appropriateness shall
not be added to the appraised tax value of the building or structure
for seven (7) years when the property owners expend $15,000.00 —
$20,000.00 on an eligible project.
(D)
The appraised increase in value caused directly by eligible
improvements completed under a certificate of appropriateness shall
not be added to the appraised tax value of the building or structure
for municipal tax purposes for ten (10) years when the property owners
expend $20,000.00 or more on an eligible project.
(3)
Eligible Improvements.
Eligible improvements shall consist
of all improvements and work performed on a building or structure;
classified as a historic landmark or located within a historic district,
which are completed under a certificate of appropriateness.
(4)
Application for Tax Incentive.
An application for tax incentive shall be filed with the historic
preservation commission. In the event, that the application for a
tax incentive is received and the historic preservation commission
deems the improvements to qualify as eligible improvements under the
terms set forth herein, the historic preservation commission shall
approve the application for a tax incentive and tender the application
to the city council for final approval. The application for tax incentives
may be processed concurrently with the application for a certificate
of appropriateness. Each application shall be signed by the owner
of the property and shall include the following:
(1)
The legal description and address of the property;
(2)
Proof of ownership of the property;
(3)
A written statement of the owner describing the historic, cultural,
architectural, or archeological significance of the structure in need
of municipal tax relief to encourage its preservation;
(4)
Proof that the taxes on the property are not delinquent; and
(5)
A statement of costs for the project must be validated upon
conclusion of the project by the city building inspector.
(5)
City Council Review.
Upon the approval of an application
for tax incentive by the historic preservation commission, the city
council shall consider the application to determine its compliance
with the requisites stated herein. In the event the application is
deemed in compliance, the owner of the property shall be entitled
to the tax relief. The property owner will be responsible for obtaining
a copy of the documentation noting the city council's approval
of the application and tendering that information to the county's
appraisal district for processing.
(6)
Removal of Tax Incentive.
The historic preservation
commission shall review annually all those properties, which have
been granted tax incentives. If, in the opinion of the commission,
a property that has been granted tax incentives under the terms of
this article is no longer being maintained in an acceptable state
of repair, the commission shall instruct the city building inspector
to evaluate the condition of the building. Following a review of the
condition of the building, the city building inspector shall submit
a report to the commission detailing the condition of the building.
The historic preservation commission shall then determine whether
or not to recommend to the city council the termination of the tax
incentives. Upon recommendation by the commission, the city council
may terminate the tax incentive program established under the provisions
of this article for buildings, which fall into a state of disrepair.
(Ordinance O2023-11-23 adopted 11/7/2023)
