AN ORDINANCE AMENDING THE HISTORIC LANDMARK PRESERVATION ORDINANCE, OF THE CITY OF BASTROP CODE OF ORDINANCES; CLARIFYING PROCESSES; AMENDING PENALTIES FOR VIOLATIONS; PROVIDING PROCEDURES FOR APPEAL; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 211, TEXAS LOCAL GOVERNMENT CODE, Section 211.003 provides that in the case of designated places and areas of historical, cultural, or architectural importance and significance, the governing body of a municipality may regulate the construction, reconstruction, alteration, or razing of buildings and other structures; and
WHEREAS, in recognizing the needs and desires of its citizenry related to the care and maintenance of historical structures within the City, did pass Ordinance 98-42 ("Ordinance"), related to same with the purpose of enhancing the public health, safety and welfare of the City through the preservation of historic and cultural structures and places, to protect and enhance property values through the restoration and rehabilitation of significant and historic landmarks, and to increase the vitality and tourism attraction to the City and its historic areas and did, thereafter, amend Ordinance No. 98-42 by adoption of Ordinance No. 2003-12 ("Ordinance"); and
WHEREAS, the City Council of the City of Bastrop, Texas, now finds it necessary to again update and amend the Ordinance to further meet the goals of the community related to enhancing the public health, safety and welfare of the City through the preservation of historic and cultural structures and places.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
Part 1: That the Historic Landmark Preservation Ordinance, of the City of Bastrop is hereby amended and superseded by these revisions and amendments thereto, as set forth herein, which shall hereafter read as follows:
HISTORIC LANDMARK PRESERVATION
Section 1. General
A. Purpose and Intent
The City Council of Bastrop hereby declares that a-. a ratter of public policy the protection, enhancement, and perpetuation of sites, landmarks or districts 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 of Bastrop 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 which represent distinctive elements of the City of Bastrop's historic, architectural, and cultural heritage;
(2) foster civic pride in the accomplishments of the past;
(3)protect and enhance Bastrop's attractiveness to visitors, thereby supporting and stimulating the economy;
(4)insure 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.
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B. Definitions
The following definitions shall apply to this ordinance:
Alteration: A physical change in or to the exterior of a building.
Architectural control: Regulations governing the appearance or architectural style of buildings or structures.
Building: A building, such as a house, barn, church, hotel, or similar construction is created to shelter any form of human activity. Building also may be used to refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn.
Case law: This is the body of law developed through hearings and judgments of specific issues (cases) by courts of law.
Certificate of Appropriateness: A signed and dated document evidencing the approval of the Landmark Commission for work proposed by an owner or applicant.
Comprehensive plan: A document or series of documents prepared by a planning Commission or department setting forth policies for the future of a community.
Demolition: An act or process which: (1) destroys a site or structure in its entirety, (2) destroys a part of a site or structure and permanently impairs its structural, historic or architectural integrity, or (3) removes the structure from the original site without the requisite Certificate of Appropriateness and/or moving permit.
Design review: The decision-making process conducted by an established review committee of a local government that is guided by the terms set in the historic preservation ordinance.
Design review guidelines: These are a set of guidelines adopted by the Commission that details acceptable alterations of designated properties. They are usually generously illustrated and written in a manner that would be understood by most property owners.
District: A district possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.
Historic Landmark: A site, and all structure(s), and/or building(s) located thereon that are designated as historic, as per the criteria contained in this Ordinance, and which satisfy(ies) two or more of the criteria set out in Section 2, paragraph C-2.
Historic Property: A district, site, building, structure, or object significant in American history, architecture, engineering, archeology, or culture at the national, state, or local level.
Historic resource: This generally is the same as a historic property. It includes architectural, historical, and archeological properties as well as landscape features.
Integrity: The authenticity of a property's historic identity, evidenced by survival of physical characteristics that existed during the property's historic or prehistoric period.
Inventory: A list of historic properties that have been identified and evaluated as meeting specified criteria of significance.
Object: The term object is used to distinguish from buildings and structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment, such as statuary in a designed landscape.
Ordinary maintenance: This generally refers to activities relating to a property that would be considered ordinary or common for maintaining the property, such as the replacement of a porch floor with identical or in-kind materials. It also may include other activities such as painting.
Overlay zones: A set of zoning requirements that is described in the ordinance text, is mapped, and is imposed in addition to those of the underlying district. Development within the overlay zone must conform to the requirements of both zones or the more restrictive of the two.
Police power: The authority of government to exercise controls to protect the public's health, safety, morals, and general welfare.
Preservation: The act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.
Qualifying Structure: A structure located on a Historic Landmark designated property that meets a minimum of two (2) of the General Criteria established for a Significant Landmark and received the designation of qualifying structure during the approval process of the Historic Landmark designation, or has received a Certificate of Appropriateness through this Ordinance.
Preservation planning: This refers to the planning for the continued identification and evaluation of historic properties and for their protection and enhancement.
Rehabilitation: The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
Significant Landmark: A site, and all structure(s), and/or building(s) located thereon, which satisfy(ies) two or more of the criteria set out in Section 2 2, paragraph C. 1.
Site: A Site is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archeological value regardless of the value of any existing structure.
Structure: The term 'structure" as used herein includes buildings and other structures in addition to those constructions usually intended for creating shelter.
C. Historic Landmark Commission Created
There is hereby created a Commission to be known as the Bastrop Historic Landmark Commission.
(1 The Commission shall consist of seven members, residents of the City of Bastrop, to be appointed by the Mayor with approval by the City Council as follows:
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one shall be an architect, planner, or representative of a design profession;
one shall be a representative elected by the Bastrop County Historical Society;
one shall be a licensed real estate professional;
one shall be an owner of an historic commercial structure or property;
one shall be an owner of an historic residential structure or property;
one shall be a member from the City's Planning and Zoning Commission;
one shall be a general resident of the City of Bastrop.
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(2) All Commission members, regardless of background, shall have a known and demonstrated interest, competence, or knowledge in historic preservation within the City of Bastrop.
(3) Commission members shall serve for a term of two years, with the exception that the initial term of two members shall be one year, and two members shall be three years, and the further exception that the member on the Planning and Zoning Commission shall serve for a term concurrent with that member's Planning and Zoning Commission term.
(4) The Chairman, Vice Chairman and Secretary of the Commission shall be elected by and from the members of the Commission to serve for one-year terms.
(5) The Commission shall be empowered to:
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(a) Prepare rules and procedures as necessary to carry out the business of the Commission, which shall be ratified by the City Council.
(b) Adopt criteria for the designation of historic, architectural, and cultural landmarks, which shall be ratified by the City Council.
(c) Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks.
(d) Recommend the designation of resources as significant landmarks and/or historic landmarks.
(e) Create committees from among its membership and delegate to these committees responsibilities to carry out the purpose of this ordinance.
(f) Elect a Secretary of the Commission who shall maintain written minutes which record all actions taken by the Commission and the re9zons for taking such actions, and file a copy of said minutes with the City Secretary.
(g) Recommend conferral of recognition upon the owners of landmarks by means of certificates, plaques, or markers.
(h) Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.
(i) 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.
(k) Approve or disapprove applications for Certificates of Appropriateness, demolition or removal, and economic hardship pursuant to this act.
(k) Hold hearings on demolition by neglect pursuant to this act.
(I) Prepare and submit annually to the City Council a report summarizing the work completed during the previous year.
(m) Propose tax abatements and other incentive programs for landmarks.
(n) Make recommendations for employment of staff and professional consultants as necessary to carry out the duties of the Commission.
(o) Prepare and adopt design guidelines for the exteriors of historic landmarks, to address architectural and general design elements of structures, including acceptable materials for construction; appropriate architectural character, scale, and detail; acceptable appurtenances or additions to new or existing structures; and acceptable textures and ornamentation.
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(6) The Commission shall meet at least monthly, if business is at hand. 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 Texas Open Meetings Act, Texas Government Code, Chapter 551.
(7) A quorum for the transaction of business shall consist of not less than a majority of the full authorized membership.
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D. Appointment of Historic Preservation Officer
The Chairman of the Commission shall serve as historic preservation officer. This officer, working in coordination with the City Planner, shall administer this ordinance and advise the Commission on matters submitted to it. In addition to serving as representative of the Commission, the officer is responsible for coordinating the city's preservation activities v. ith those of state and federal agencies and with local, state, and national nonprofit preservation organizations.
Section 2. Categories of Preservation
A. Establishment of Categories
There shall be two categories of preservation for historically, culturally, architecturally or archaeologically significant properties in the City of Bastrop, as follows:
(1) Significant Landmark; and
(2) Historic Landmark.
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B. General Criteria
The criteria to be applied in order to determine whether structures qualify for designation as a Significant Landmark or Historic Landmark are as follows:
(1) Possesses significance in history, architecture, archeology, or culture.
(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 the lives of persons 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.
(7) Is designated as a Recorded Texas Historic Landmark or State Archeological Landmark, or is included on the National Register of Historic Places.
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C. Criteria for Individual Categories
(1) Significant Landmark - A structure, building or site may be designated as a Significant Landmark if it meets two or more of the criteria set out in subsection B.
(2) Historic Landmark - A structure, building or site may be designated as an Historic Landmark if it has already met the criteria as a Significant Landmark by the City of Bastrop, and, if the owner of said property agrees to the additional designation of Historic Landmark and thereby agrees to comply with all procedures and regulations associated with Historic Landmarks within this Ordinance.
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D. Designation of Significant Landmarks
(1) These provisions pertaining to the designation of Significant Landmarks constitute a part of the comprehensive Zoning Ordinance and the official Zoning map of the City of Bastrop.
(2) Owners of proposed Significant Landmarks shall be notified prior to the Commission hearing on the recommended designation. Such hearing shall be conducted in the same manner and according to the same procedures as specifically provided in the general zoning ordinance of the City of Bastrop. 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 significant landmark.
(3) Upon recommendation of the Commission, the proposed Significant Landmark shall be submitted to the Planning and Zoning Commission within thirty (30) days from the date of submittal of the designation request. The Planning and 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 conducted in the same manner and according to the same procedures as specifically provided in the general zoning ordinance of the City of Bastrop. The Zoning Commission shall make its recommendation to the City Council within forty-five (45) days subsequent to the hearing on the proposed designation.
(4) 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 hearing, and make itsdetermination in the same manner as provided in the general zoning ordinance of the City of Bastrop.
(5) Upon designation of a structure as a Significant Landmark, the City Council shall cause the designation to be recorded in the Official Real Property Records of Bastrop County, Texas. All zoning maps shall be amended to indicate the location of the designated structures with an appropriate mark, and the property owner shall be notified in writing of such designation.
(6) Sites, Structures and/or Buildings that are designated as Significant Landmarks shall retain such designation until such time as the City Council, upon receipt of formal request from the owner and recommendation from the Commission, removes such designation by formal Council action. Prior to making its recommendation to the City Council, the Commission shall hold at least one public hearing on each request, as per the notice and hearing provisions set forth in Local Government Code Chapter 211, as amended from time to time). Written notice of all public hearings on proposed changes to a Significant Landmark designation shall be sent to all owners of property located within two hundred (200) feet of the designated property, and the notice shall be sent a minimum of ten (10) days before a hearing is held. Notices may be sent to land owners by Certified and/or Regular First Class US Mail, to the last known address shown on the current approved County tax appraisal roll.
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E. Designation of Historic Landmarks
(1) Following designation of a structure as a Significant Landmark, the owner/owners of the Significant Landmark may apply to the Commission for an additional designation as an Historic Landmark.
(2) After receipt of a completed application for Historic Landmark designation, and approval of the application by the Commission, the owner/owners of the designated property shall enter into a contract with the Commission to maintain the designated property according to this Ordinance and design guidelines adopted by the Landmark Commission ("Contract"). After final execution of the Contract and approval of City Council, the owner/owners of the designated property shall be entitled to all incentives set forth in Section 3. The City shall file a copy of the Contract in the Bastrop County Real Property Records.
(3) Upon designation of a structure as an Historic Landmark, the City shall cause the designation to be reflected in the tax records of the City of Bastrop. Further, all related municipal zoning maps will be amended to indicate the location of the designated structure(s) with an appropriate mark. The property owner will be promptly notified, in writing, of an Historic Landmark designation.
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F. Relationship of Designations to Zoning
(a) Designation of a structure by the City as a 'Significant Landmark' or as an 'Historic Landmark' is intended to function as a zoning overlay, which supplements the primary underlying City zoning district classification. The permitted uses of a designated property shall be determined and controlled by the use regulations detailed in the primary zoning district classification for the designated property.
(b) If there is any conflict between the design guidelines and any provision of the Zoning Ordinance, the most restrictive regulation shall apply.
(c) If there is any conflict between the provisions of this Section and any other provision of the Zoning Ordinance, the most restrictive regulation shall apply, in the absence of a specific directive to the contrary. The designation of a property shall be subject to review by the Commission, the Planning and Zoning Commission shall then recommend such designation to City Council, who shall be the formal authority, in accordance with the Zoning Ordinance and State Law.
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Section 3. Incentives for Historic Landmarks
A. Purpose of Incentives
The purpose of this section is to encourage historic preservation by providing incentives for the stabilization, rehabilitation and renovation of properties designated as Historic Landmarks.
B. Incentives
(1) Exemption from City Taxes on Structure - A structure designated as an historic landmark may be exempt from a portion of the ad valorem taxes owed to the City of Bastrop, commencing on the first day of the tax year following such designation, and following passage by Council of an ordinance declaring such an exemption. The exemption shall relate only to taxes owed on the assessed value of the Qualifying Structure(s). The exemption shall be administered in the form of a refund by the City of a portion of the taxes paid on the qualifying structure. All such refunds shall be based on a uniform percentage of the assessed value, determined by the City Council, each budget year, which can be financed by the amount of general funds appropriated for such refunds. It is expressly provided, however, that such refunds shall be no less than 0.15 % and no greater than 0.2245 % of the assessed value of the qualifying structure. The assessed value of the land on which such structure is located shall not be exempt from city ad valorem taxes pursuant to this section. Eligibility for such tax exemption shall require compliance with all requirements of this Ordinance, including Section 8.
(2) Structures meeting the definition of a qualifying structure after the original designation of a Historic Landmark may be included in the tax exemption upon the request for inclusion by the owner(s) and upon approval of the City Council.
(3) Historic Landmark Marker - Owners of Historic Landmarks shall be presented with an official City of Bastrop Historic Landmark marker to so designate their structure. All costs of said marker shall be borne by the City.
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C. Review by City Council - Upon completion of the Historic Landmark agreement, the Historic Preservation Officer shall forward the completed agreement to City Council for final approval. Approval by council shall constitute a finding that the structure is an historically significant site in need of tax relief in accordance with Section 11.24 of the Texas Property Tax Code. The City Manager shall insure that written notice of approval of the tax incentive is given to the Chief Appraiser of the Bastrop County Appraisal District and to the City of Bastrop Finance Director. Thereafter, the City of Bastrop shall provide the property with documentation of the applicable tax incentive commencing on January I of the tax year immediately following the year in which the agreement is finalized.
D. Alteration or Destruction of Historic Landmark - In order to maintain eligibility for incentives in accordance with this Ordinance, the owner, owner's agents, contractors and/or representatives shall not alter or totally or partially destroy a Historic Landmark without first obtaining an approved Certificate of Appropriateness or Demolition Permit from the Commission and/or City. in the event that the Historic Landmark is altered or totally or partially destroyed without an approved Certificate of Appropriateness or Demolition permit, the owner shall restore the structure to its original state, within a reasonable period of time as determined by the Commission. No incentives will apply during the time that the owner is restoring the property. Failure to restore the Historical Landmark to its pre-destruction condition shall subject the owner to the penalties set forth in Section 9 of this Ordinance and the owner shall: (1) no longer be entitled to the incentives set forth herein, and/or (2) immediately remit to the City monies in an amount equal to the total City Tax revenues that were not paid because of the exemption, plus interest calculated at an annual rate of ten percent (10%).
E. Transferability of Benefits - The benefits of this incentive program relating to structures designated Historic Landmark are transferable and run with the property. The terms of the Contract shall automatically carry forward to all new, subsequent owner(s), without further notice to any party or further action by the Commission, City or owner. New owner(s) who desire to have the designation, exemption and Contractual rights and obligations removed from their property, may do so by filing a written petition with the City, requesting removal of the designation. The petition for removal of designation shall be filed with the City's Director of Planning no later than thirty (30) days following the owner's actual notice of the designation. Upon removal of the designation of Historic Landmark, the property in question shall revert to the designation of Significant Landmark.
Section 4. Certificate of Appropriateness
A. Requirement of Certificate of Appropriateness
No person shall carry out any construction, reconstruction, alteration, restoration, rehabilitation, or relocation of any Historic Landmark, nor shall any person make any material change in the signs, fences, or other exterior elements visible from a public right-of-way which affect the appearance and cohesiveness of any Historic Landmark without an approved Certificate of Appropriateness.
B. Criteria for Approval of a Certificate of Appropriateness
In considering an application for a Certificate of Appropriateness, the Commission shall be guided by any adopted design standards, and where applicable, the following from the Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings. Any adopted design standards and Secretary of the Interior's Standards shall be made to the property owners of historic landmarks.
(1) 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.
(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 or later appearance shall be discouraged.
(4)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.
(5)Distinctive stylistic features or examples of skilled craftsmanship which characterize, a building, structure, object, or site shall be kept to the greatest extent practical.
(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 building 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, color, material, and character of the property, neighborhood, or environment.
(10) Wherever 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.
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C. Certificate of Appropriateness Application Procedure
(1) No building permit requiring a Certificate of Appropriateness shall be issued until such 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 in lieu of any building permit that may be required by any other ordinance of the City of Bastrop. The building official shall deny any application for a building permit to a structure or a site that requires, but does not have, a Certificate of Appropriateness.
(2) Prior to the commencement of any work requiring a Certificate of Appropriateness, the owner shall file an application for such a certificate. The application shall contain at a minimum:
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(a) Name, address, telephone number of applicant, detailed description of proposed work.
(b) Location and photograph of the property changes.
(c) Elevation drawings, photographs, or illustrations of the proposed changes.
(d) Samples of materials to be used.
(e) 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.
(f) Any other information which the Commission may deem necessary in order to visualize the proposed work.
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(3) The Commission shall review the application at a regularly scheduled meeting within thirty (30) 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 permit, within forty-five (45) days after the review meeting, provided, both review and action may occur at the same meeting. In the event the Commission does not act within seventy-five (75) days of the receipt of the application, a permit will be deemed granted.
(4) All decisions of the Commission shall be in writing. The Commission's decision shall state its findings pertaining to 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 city departments, e.g., building inspection.
(5) An applicant for a Certificate of Appropriateness who is dissatisfied with the action of the Commission, relating to the issuance and/or denial of a Certificate of Appropriateness shall have the right to appeal the Commission's determination to the City Council, by using the appeal process set forth in Section 10 of this Ordinance.
(6) Property owners shall apply for and be issued a building permit within one (1) year from the date the Commission grants the Certificate of Appropriateness, provided however, that the Commission, at its sole discretion, may authorize an owner to have one extension of an additional six (6) months to obtain the necessary building permit, upon demonstration of a reasonable need for such an extension. The Certificate of Appropriateness shall expire if a building permit becomes null and void prior to the issuance of a Certificate of Occupancy.
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D. Enforcement
(1) All work performed pursuant to a Certificate of Appropriateness issued under this ordinance shall conform to any conditions or requirements included therein. It shall be the duty of the building inspector or his designee to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the Certificate of Appropriateness, the building official or his designee 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.
(2) A stop work order may be lifted following submission and approval of plans for corrective action or work, or other plans to bring the project into compliance with the conditions or requirements of the Certificate of Appropriateness or other approvals.
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Section 5. Demolition Permits
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. (Ordinance 2003-12 Adopted 5/27/03)
(2) If no action has been taken by the Commission within sixty days of original receipt by the Commission of the application, a certificate of demolition or a certificate of removal shall be deemed issued by the Commission and the building official shall so advise the applicant.
(3) After a decision is reached by the Commission denying an application for a certificate of demolition or a certificate of removal (either of which may be appealed to City Council), a resubmittal of application for such certificate will not be accepted for additional hearing within a twelve-month period from the date of final decision, unless the Commission determines, after reviewing a written request of the application, that there has been a change in conditions sufficient to warrant an earlier rehearing.
(4)
The City shall provide written notice of its receipt of an application for demolition and/or an appeal of a decision by the Commission related to an application to all property owners located within two hundred (200) feet of_the property proposed to be demolished.
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B. Nonapplication of Demolition Procedure
Subsection A of this section shall not apply whenever the city engineer, the building official or the fire marshal proceeds under Bastrop City ordinances dealing with unsafe buildings. In such case, the city council, after the appropriate notice and hearing, may order the building or structure or part thereof repaired, removed or demolished as provided by City ordinance without regard to the 'Historic' designation on the building or structure or part thereof; but in no event may the City Council take such action unless it determines that the building or structure or part thereof is unsafe and dangerous so as to endanger persons or property or is a fire hazard, and that such danger or hazard is so great and so immediate that Subsection A of this section should be circumvented to prevent immediate and substantial harm to persons or property. Such a determination by the City Council shall be final and there shall be no appeal.
Section 6. Economic Hardship
A. Economic Hardship Application Procedure
(1) After receiving written notification from the Commission of the denial of a Certificate of Appropriateness, or an application to demolish, 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.
(2) When a claim of economic hardship is made due to the effect of this ordinance, the owner must prove that:
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(a) the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(b) 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
(c) efforts to find a purchaser interested in acquiring the property and preserving it have failed.
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(3) The applicant shall consult in good faith with the 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 to the Commission.
(4) The Commission shall hold a public hearing on the application within sixty (60) days from the date the application is received by the either the building inspector or the preservation officer. Following the hearing, the Commission has thirty (30) days in which to prepare a written recommendation to the building inspector or other official. In the event that the Commission does not act within ninety (90) days of the receipt of the application, a permit may be granted by the building inspector.
(5) All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by certified mail and a copy filed with the city clerks office for public inspection. The Commission's decision shall state the reasons for granting or denying the hardship application.
(6) An applicant submitting a hardship application who is dissatisfied with the decision of the Commission relating to the approval or denial of such application shall have the right to appeal the Commission's decision to the City Council by using the appeal process set forth in Section 10 of this Ordinance.
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Section 7. Ordinary Maintenance
Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property which does not involve a change in design, material, or outward appearance. Exterior paint color is included as ordinary maintenance. In-kind replacement or repair is included in this definition of ordinary maintenance. Provided, however, that this section shall not eliminate any requirement for a building permit. If the building inspector believes that the work does not constitute ordinary maintenance under the terms of this section, he shall refer the application to the historic preservation officer.
Section 8. Demolition by Neglect
A. State of Demolition by Neglect
No owner or person with an interest in real property that is designated as a Significant or Historic Landmark or a Site or Structure that has been certified, registered or designated by any Federal, State or other authorized body/entity as having historical significance, 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 Commission, produce a detrimental effect upon the character of landmark 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 roofs 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 so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.
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B. Demolition By Neglect Hearing Procedure
(1) Upon notification to the Commission of such a state of disrepair, the Commission shall notify the owner in writing, informing the owner of the complaint and specifies of the alleged deterioration, requesting that the owner appear before the Commission for a fuller and more accurate determination of the existence of detrimental deterioration.
(2) If, after a hearing before the Commission, the Commission determines that the deterioration has produced a detrimental effect as described in subsection A of this section, the owner shall cure the deterioration by restoration or other appropriate actions within a reasonable period of time as determined by the Commission. The owner must comply with all requirements of requesting a Certificate of Appropriateness from the Commission. This may be requested at the time of the hearing in Paragraph (I). Failure of the owner to cure the deterioration within the time specified by the Commission shall cause the structure to be ineligible in that tax year for the tax exemption described in Section 3.B.(I) above and subject to penalties as defined in Section 9.
(3) A property owner dissatisfied with the action of the Commission relating to a Commission finding in Section 8 shall have the right to appeal by using the process set forth in Section 10 of this Ordinance.
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Section 9. Penalties
Violators of any of the provisions set out above shall be cited and subject to a fine not to exceed the amount as set out in Section 48, of the Bastrop Zoning Ordinance, as amended.
Section 10. Appeals to Council
Owner(s) of property that is subject to this Ordinance and/or who are dissatisfied with an action or decision of the Commission, taken while applying and/or interpreting this Ordinance, may appeal the Commission's decision to the City Council by filing a written request for a review of the decision, submitted to the City Manager, within thirty (30) days after receipt of notification of the Commission's decision and/or action. To be considered, the appeal shall set forth the grounds for such appeal and shall provide the City with any pertinent evidence and all related documentation related to the appeal. Upon receipt of an appeal, the City Council will provide notice of the appeal, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general Zoning Ordinance of the City.
Part 2: That all other Code provisions, Ordinances, or City requirements in conflict with this Ordinance are hereby repealed to the extent of such conflict.
Part 3: That the provisions of the City Code regarding severability apply to this ordinance.
Part 4: This Ordinance shall take effect upon the date of final passage noted below, or when all applicable hearing and publication requirements, if any, are satisfied in accordance with the City's Charter, Code of Ordinances, and the laws of State of Texas.
READ AND ACKNOWLEDGED BY THE BASTROP CITY COUNCIL ON THE 9th DAY OF OCTOBER 2007.
READ AND APPROVED BY THE BASTROP CITY COUNCIL ON THE 23rd DAY OF OCTOBER 2007.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APROVED AS TO FORM :
Jo-Christy Brown
City Attorney
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