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Development Code language as adopted 11-12-13 (Section 1704.1 amended)CHAPTER 17. HISTORIC PRESERVATION 1700. Purpose The City Council of Huntsville, Texas hereby declares that as a matter of public policy the protection, enhancement, and perpetuation of landmarks or districts of historical, architectural, and cultural importance and significance are necessary to promote the economic, cultural, educational, and general welfare of the public. It is recognized that Huntsville represents a unique community that shaped the identity of generations of citizens, collectively and individually, and produced significant historic, architectural, and cultural resources that constitutes their heritage. This act is intended to: Protect and enhance the landmarks and districts which represent distinctive elements of Huntsville’s historic, architectural, and cultural heritage; Foster civic pride in the accomplishments of the past; Protect and enhance Huntsville’s attractiveness to visitors and the support and stimulus to the economy thereby provided; Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the city; Encourage stabilization, restoration, and improvement of such properties to protect their value. 1701. Historic Preservation Commission There is hereby created a commission to be known as the City of Huntsville Historic Preservation Commission. The Historic Preservation Commission will be referred to as the “Commission” throughout this document. The Commission shall consist of seven (7) members to be appointed by the City Council, with consideration given to the following recommended professions: An architect, planner, or representative of a design profession; a historian; a licensed realtor; an owner of a landmark or of a property in a historic district; and, a member of Walker County Historical Commission; or any other resident of Huntsville as deemed appropriate by the City Council. All Commission members, regardless of background, shall have a known and demonstrated interest, competence, or knowledge in historic preservation within the City of Huntsville. Commission members shall serve for a term of two (2) years, with the exception that the initial term of three (3) members shall be one (1) year, and four (4) members shall be two (2) years. The Chairman and Vice Chairman of the Commission shall be elected by and from the members of the Commission. The Commission shall be empowered to: Make recommendations for staff and professional consultants as necessary to carry out the duties of the Commission. Prepare rules and procedures as necessary to carry out the business of the Commission. Conduct public hearings and provide comments on buildings, objects, sites, structures, and districts for nomination to the National Register of Historic Places to the Texas Historic Commission. Such recommendations shall be guided by the criteria established in the National Historic Preservation Act of 1966, as amended. Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the city. Recommend the designation of resources as landmarks or historic districts. Maintain written minutes which record all actions taken by the Commission and the reasons for taking such actions. Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers. Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs. Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city. Approve or disapprove applications for certificates of appropriateness pursuant to this act. Prepare and submit reports to City Council summarizing the work completed as appropriate. Prepare specific design guidelines for the review of landmarks and districts. Recommend the acquisition of a landmark structure by the City where its preservation is essential to the purpose of this act and where private preservation is not feasible. Propose and recommend to the City Council incentive programs for the preservation of designated landmarks or districts. Accept on behalf of the City the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation, subject to the approval of the City Council. Provide comment to the Texas Historical Commission on any federal undertakings within a historic district pursuant to Section 106 of the National Historic Preservation Act of 1966, as amended. 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. A quorum for the transaction of business shall consist of not less than a majority of the full authorized membership. In addition to the seven (7) members of the Commission appointed by the City Council, the Historic Preservation Officer and any other person of experience and knowledge designated by the City Council as special advisor shall sit on the committee as ex officio members. None of the ex officio members shall have voting power, but shall assist the committee in its various functions. 1702. Appointment of Historic Preservation Officer The City Manager may appoint a qualified city official or staff person of the municipal entity to serve as Historic Preservation Officer. This officer 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 of Huntsville’s preservation activities with those of state and federal agencies and with local, state and national nonprofit preservation organizations. 1703. Criteria for Designation of Local Historic Landmarks and Districts An individual property may be designated as a landmark if it substantially complies with two or more of the following: Possesses significance in history, architecture, archeology, or culture. Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history. Is associated with events that have made a significant impact in the past. Represents the work of a master designer, builder, or craftsman. Embodies the distinctive characteristics of a type, period, or method of construction. Represents an established and familiar visual feature of the city. A District may be designated if it substantially complies with both of the following: Contains properties and an environmental setting which meet two or more of the criteria for designation of a landmark; and, Constitutes a distinct section of the city. Properties that are listed as a Recorded Texas Historic Landmark (RTHL), State Archeological Landmark (SAL) or listed on the National Register of Historic Places (NR) may be considered for designation as recognized local historic landmarks. 1704. Designation of Historic Landmarks and Districts An application and/or request for a historic landmark or district status may be initiated by the owner(s) of the affected property or the owner's authorized representative. Property owners of a proposed historic landmark or within a proposed historic district shall be notified prior to 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 or district. Upon recommendation of the Commission, the application or request for a proposed historic landmark or district shall be submitted to the Planning and Zoning Commission. The Planning and Zoning Commission shall give notice and conduct its hearing on the proposed designation within 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 City of Huntsville Development Code. The Planning and Zoning Commission shall make its recommendation to the City Council within 45 days subsequent to the hearing on the proposed designation. The City Council shall schedule a hearing on the Commission’s recommendation to be held within 45 days of receipt of the recommendation of the Planning and 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 City of Huntsville Development Code. Upon designation of a historic landmark or district, the City Council shall cause the designated boundaries to be recorded in the Official Public Records of real property of Walker County, the tax records of the City of Huntsville and the Walker County Appraisal District as well as the official zoning maps of the City of Huntsville. The official zoning maps should indicate the designated historic district by an appropriate mark. 1705. Moratorium Upon Initiation of Historic Overlay Proceedings Upon initiation of the procedure for historic district or landmark designation, no application may be accepted for a permit to place, construct, alter, demolish, or remove any structure on the property if the proposed work would alter the site or the exterior of a structure on the site. This moratorium ends on the earliest of the following dates: If the proposed designation is approved, the effective date of the ordinance implementing the change; If the proposed designation is denied, the day after the city council makes its final decision; or, The 120th day after initiation of a request for designation as a historic landmark or district. 1706. Certificate of Appropriateness for Alteration or New Construction Affecting Landmarks or Historic Districts 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, fences, steps, 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 without first obtaining a Certificate of Appropriateness from the Commission. 1707. 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 guidelines, and where applicable, by The Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings. Any adopted design guidelines and Secretary of the Interior’s Standards shall be made available to the property owners of historic landmarks or property located within historic districts. The following items as appropriate should be considered in the application for a Certificate of Appropriateness: 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. 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. 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. 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. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible. 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. 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. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project. 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. 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. 1708. Certification of Appropriateness Application Procedure Prior to the commencement of any work requiring a Certificate of Appropriateness the owner shall file an application for such a certificate with the Commission. The application shall be completed on forms provided by the City and shall contain: Name, address, telephone number of applicant. Name, address, and telephone number of the property owner. A detailed description of the proposed work. Location and photographs of the property and adjacent properties. Elevation drawings of the proposed change(s), if available. Samples of materials to be used. 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. Any other information which the Commission may deem necessary in order to visualize the proposed work. 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 chapter 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 Huntsville. The Commission shall review the application at a regularly scheduled meeting within 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 application within 45 days after the review meeting. In the event the Commission does not act within 90 days of the receipt of the application, a permit may be granted. 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 City of Huntsville’s records on that property and dispersed to appropriate departments. 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 Council shall hold a public hearing and makes its decision on the matter within 45 days of receiving the appeal notice. 1709. Certificate of Appropriateness Required for Demolition A permit for the demolition of a historic landmark or property within a historic district, including secondary buildings, shall not be granted by the Building Official without the review of a completed application for a Certificate of Appropriateness by the Commission, as provided for above. 1710. Economic Hardship Application Procedure 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 an economic hardship exists. When a claim of economic hardship is made due to the effect of this ordinance, the applicant or property owner must prove that: The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible; 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, Efforts to find a purchaser interested in acquiring the property and preserving it have failed. 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. The Commission shall hold a public hearing on the application within 60 days from the date the application is received by the Commission. Following the hearing, the Commission has 30 days in which to prepare a written decision on the application. In the event that the Commission does not act within 90 days of the receipt of the application, a permit may be granted. 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 Historic Preservation Officer for public inspection. The Commission’s decision shall state the reasons for granting or denying the hardship application. An applicant for hardship relief 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 Council shall hold a public hearing and makes its decision on the matter within 45 days of receiving the appeal notice. 1711. 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 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. 1712. Minimum Maintenance Standards No owner or person with an interest in real property designated as a Landmark or a property located within a District shall permit the property to fall into a serious state of disrepair so as to result in the significant deterioration of any exterior architectural feature which would, in the judgment of the Commission, create a detrimental effect upon the historic character of the Landmark or District. A violation of this section shall be subject to penalties as outlined in section 1714. Examples of serious disrepair or significant deterioration include but are not limited to: Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling; Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling; Deterioration or crumbling of exterior plaster finishes, surfaces or mortars; Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors; Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering; Rotting, holes, and other forms of material decay; (g) Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling; (h) Deterioration that has a detrimental effect upon the special character of the district as a whole or the unique attributes and character of the contributing structure; Deterioration of any exterior feature which would create or permit the creation of any hazardous or unsafe conditions to life, health, or other property. 1713. Enforcement 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 City 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 Commission and verification by the Historic Preservation Officer, the Building Official shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project while a stop work is in effect. 1714. Penalties Penalties under this chapter shall be as defined under Chapter 16 of the Development Code. In addition, the City reserves the right to institute appropriate action to: Prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; Restrain, correct or abate the violation; Prevent the occupancy of the building, structure, or land; or, Prevent any illegal act, conduct, business, or use on or about the premises.