§ 40-112. Procedure for certificates of appropriateness for alterations or new construction affecting landmarks or historic districts.  


Latest version.
  • (a)

    The procedure for obtaining a certificate of appropriateness may be initiated by the city for all city-owned landmarks or proposed work within a district, or by the individual property owner of the subject landmark or for a property located within a district. The application must be submitted for review and approved by the HPO or the HLC prior to the commencement of any work. An application for certificate of appropriateness shall be made on forms as prescribed by the city and shall be filed with the HPO along with fees in accordance with the municipal fee schedule.

    (b)

    The application shall contain:

    (1)

    Name, address, telephone number of applicant, and physical address of the individual property.

    (2)

    Site plan of the individual property or map indicating the area of the proposed work showing all affected buildings and/or structures on the site.

    (3)

    Scaled elevation drawings of the proposed changes, when necessary.

    (4)

    Photographs of existing conditions as well as any historical photographs, if available.

    (5)

    Samples of proposed materials and/or products to be used.

    (6)

    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.

    (7)

    Any other information which the HLC may deem necessary in order to visualize the proposed work.

    (c)

    Administrative design review affecting landmarks and properties located in districts.

    (1)

    Upon receipt of a certificate of appropriateness application which is complete, the HPO shall review the application for a preliminary determination of compliance with the Secretary of the Interior's Standards for Rehabilitation and the adopted design guidelines.

    (2)

    The HPO may approve administratively the following certificates of appropriateness:

    a.

    Emergency repairs;

    b.

    Repairs with like materials;

    c.

    Any category of construction, reconstruction, alteration, restoration, rehabilitation, repair, or relocation that the HLC has determined, in advance, is appropriate for administrative approval.

    (3)

    All other requests [for] certificates of appropriateness will be presented for approval to the HLC. If approved, a COA shall be issued immediately.

    (4)

    If no action has been taken by the HPO within 60 days of the original receipt of the application, a certificate of appropriateness shall be deemed issued by the HPO.

    (5)

    The applicant or any persons adversely affected by the determination of the HPO may appeal the decision to the HLC. Appeal requests shall be filed in writing to the HPO within ten days of the HPO's decision. The HPO must schedule the appeal for a public hearing at the next available regularly scheduled HLC meeting. Appeals to the HLC shall be considered only on the record made before the HPO.

    (d)

    HLC design review affecting landmarks and properties located in districts.

    (1)

    The HPO shall schedule a public hearing at the next available regularly scheduled HLC meeting. The HPO will notify the owner of where and when their application will be reviewed at least 72 hours before such meeting. A published notice of the scheduled hearing shall also be made in accordance with the Texas Open Meeting Act.

    (2)

    The HLC may take action to approve, postpone requesting additional information for a period of up to 90 days or deny the application. If no hearing is conducted within 90 days of receipt of the complete application by the HPO, a certificate of appropriateness shall be deemed issued and the HPO shall so advise the applicant in writing.

    (3)

    If approved, the HPO shall issue a certificate of appropriateness to the applicant within five days. Any specific conditions of approval made by the HLC shall be attached to the construction documents prior to the issuance of any building permits. No subsequent changes shall be made to the approved design without the prior review and approval of the HPO or HLC. An applicant must obtain a building permit within one year from the date of issuance of a certificate of appropriateness, or the certificate of appropriateness shall lapse and no longer have any effect, except it may be submitted for reconsideration.

    (4)

    The applicant adversely affected by any denial of the HLC regarding a certificate of appropriateness may appeal the decision to the city council. All requests shall be filed in writing to the HPO within ten days of the HLC's decision. The HPO shall place the appeal request on the next available council meeting.

    (e)

    Special criteria for religious organizations under federal law.

    (1)

    In determining how to use its discretion in issuing certificates or appropriateness under this section 40-112, the historic landmarks commission, the planning and zoning commission, and the city council shall take into consideration whether its action will substantially burden a religious organization's exercise of its religious beliefs, and shall avoid taking any action which imposes such a burden.

    (2)

    It shall be the burden of the religious organization to present evidence that the proposed action will impose a burden on the religious organization's exercise of its religious beliefs.

(Ord. No. O-17-12, § I, 5-14-2012; Ord. No. O-33-13, § I, 6-10-2013; Ord. No. O-18-14 , § I, 6-9-2014)