AN ORDINANCE AMENDING CITY ORDINANCE NO. 98-42, SECTION 5 (ZONING
ORDINANCE) OF THE BASTROP CITY CODE PERTAINING TO MOVING AND DEMOLITION
OF STRUCTURES; REPEALING CONFLICTING PROVISIONS, PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Bastrop has determined that
the following amendment to Ordinance No. 98-42, Section 5 (Demolition
Permits) of Chapter 12 Exhibit "A" of the Zoning Ordinance
is needed to ensure the public health, safety and welfare of its citizens;
and
WHEREAS, the
Historic Landmarks Commission and the Planning and Zoning Commission,
after notice and hearing, recommended that Ordinance No. 98-42, Section
5 be amended as provided herein:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BASTROP, TEXAS:
Part 1: That Section 5A(1) of Ordinance 98-42
of Chapter 12 Exhibit "A" of the Zoning Ordinance of the
Bastrop City Code of Ordinances is hereby amended to read as follows:
ORDINANCE
NO. 98-42 SECTION 5
A. Demolition/Removal Application Procedure
(1) If an application is
received for demolition or removal of a state or federally designated
historical structure or a City of Bastrop designated significant or
historic landmark, the building official shall immediately forward
the application to the Commission. The Commission shall hold a public
hearing on the application within thirty days after the application
is initially filed with the Building Official. The applicant shall
be given ten day's written notice of the hearing. The Commission shall
consider the historic value, the state of repair of the building,
the reasonableness of the cost of restoration or repair, the existing
and potential usefulness, including the economic usefulness, of the
building, the reasons for preserving the structure as a Significant
or Historic Landmark, the character of the neighborhood, and all other
factors it finds appropriate. If the Commission determines, based
on the evidence presented, that the cost of restoration or repair
would render the property incapable of earning a reasonable return,
or if the commission determines that the interest of preserving historic
values will not be adversely affected by such demolition or removal
or that the interest of preserving historical values can best be served
by the removal of the structure to another specified location, it
shall issue a certificate of demolition or a certificate of removal
to the Building Official, and the Building Official shall so advise
the applicant within five days there from.
Part 2:
The City Manager and City Secretary are hereby authorized and directed
to make the necessary changes to all records of the City of Bastrop
to reflect this amendment.
Part 3:
All ordinances and resolutions, or parts of ordinances and resolutions,
in conflict with this Ordinance are hereby repealed, and are no longer
of any force and effect. If any provision of this ordinance or application
thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions, or application thereof,
of this ordinance which can be given effect without the invalid provision
or application, and to this end the provisions of this ordinance are
hereby declared to be severable.
Part 4:
This Ordinance shall become effective in accordance with the City
Charter and the laws of the State of Texas.
READ and ACKNOWLEDGED on
First Reading on the 13th day of May 2003.
READ and ADOPTED on Second Reading on the 27th day of May 2003.
