§ 27-15.3. "H" Historic Landmark Designation.

(a)

Purpose of designation. The Historic Landmark Designation shall serve to protect, preserve and enhance landmarks of architectural, archaeological, cultural and historic importance as it is necessary to promote the economic, cultural, educational and general welfare of the citizens of Hurst. The unique identity of the city and the history of the area prior to its founding, which produced significant historic, architectural, archaeological and cultural resources, requires this section to:

The designation is intended to protect and enhance the landmarks which represent distinctive historic, architectural and cultural elements of Hurst. Foster civic pride in accomplishments of the past. Protect and enhance the city's attractiveness to visitors, and support and stimulate the economy thereby provided. Insure the orderly, efficient and appropriate growth and development of Hurst. Promote economic stability and prosperity of the community by encouraging the most appropriate use of such significant property in Hurst; and stabilize and improve property values.

(b)

Historic landmark preservation committee.

(1)

Adopt identification criteria and rules for delineation of Historic Landmarks;

(2)

Conduct and administer historic resource surveys;

(3)

Recommend designation of Historic Landmarks;

(4)

Establish committees as needed;

(5)

Produce and distribute minutes of meetings;

(6)

Develop public outreach/education/awareness programs;

(7)

Recommend approval/disapproval of certificate of site plan approval (CA). Provide design and other reasonable forms of advice to owners and tenants of Historic Landmarks in the historic landmark site plan review process;

(8)

Recommend acquisition of endangered historic resources to the city council when necessary; and

(9)

Prepare and promote design guidelines for Historic Landmarks in the city.

(c)

Designation of landmarks.

(1)

The city council may designate sites, buildings, structures, landscapes and objects as Historic Landmarks, and the public rights-of-way in and surrounding them, by adopting a zoning overlay designated as "H" on the city's official zoning maps pursuant to procedures incorporated into the city's basic zoning ordinance by the city council.

(2)

A Historic Landmark overlay may be established to preserve property, buildings, structures and areas of exemplary architectural, archaeological, cultural or historic value provided the property or properties be a minimum age of fifty (50) years old and have one (1) or more of the following characteristics:

a.

Significance in history, architecture, archaeology or culture;

b.

Association with certain events that have made a significant contribution to the broad patterns of local, regional, state or national history;

c.

Association with the lives of significant persons in history of the Community;

d.

Embodying the distinctive characteristics of an architectural or engineering type, period or method of construction;

e.

Represents the work of a master designer, builder or craftsman;

f.

Represents an established and familiar visual feature of the community; and

g.

Has archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest.

(3)

Design guidelines and other appropriate regulations concerning the exterior and site development or redevelopment of a Historic Landmark, shall be adopted as part of the zoning overlay ordinance by the city council.

(4)

Property owners of a proposed Historic Landmark designation shall be notified prior to the committee's hearing on recommended designation. Testimony and documentary evidence may be presented, which will become part of the public record, to comment on the historic, architectural or cultural importance of the proposed historic property.

(5)

Upon receipt of written recommendation of the committee, the proposal shall be submitted to the planning and zoning commission for its review, public hearing and recommendation to the city council for adoption, as provided in the city's general zoning ordinance.

(6)

Upon designation of a property or properties as a Historic Landmark by the city council, the designation shall be recorded by legal description on the city's official zoning map.

(d)

Ordinary maintenance. Nothing in this section should be construed to prevent ordinary maintenance or repair of any exterior architectural feature of a Historic Landmark property. Ordinary maintenance shall be defined as any work that does not constitute a change in design, material, color or outward appearance, and include in-kind replacement or repair of existing materials. The director of development shall be the officer in charge of making the decisions as to what is "ordinary maintenance".

(e)

Historic landmark site plan approval. The committee shall follow the following written standards for the rehabilitation of historic buildings in its consideration of all applications for site plan approval. These standards shall be made available to owners and tenants of property designated as historic.

(1)

A person shall not alter a Historic Landmark property, or any portion of the exterior of a structure on the site, or designated adjacent right-of-way, or place, construct, maintain, expand or remove any structure on the site without first obtaining a certificate of site plan approval (CA). A CA shall be obtained prior to the issuance of any building permit, although the CA review and building permit and other required permit review process may be conducted simultaneously. A CA may also be required for work not otherwise requiring a building permit. The CA shall be required in addition to, and not in lieu of, any required building permit.

(2)

Prior to commencement of any work, the owner shall file an application for a certificate of site plan approval with the director of development. The application shall contain:

a.

Name, address and telephone number of applicant, and address of affected property if different;

b.

Detailed description of proposed work;

c.

Current photographs of property (historic photos are also helpful);

d.

Drawings of proposed changes or new construction, and samples of materials, when appropriate;

e.

Other information deemed necessary by city staff for clarification of the project.

(3)

The committee shall recommend denial, approval, or approval with conditions of any CA application within forty-five (45) calendar days of receipt of a completed application, determining whether the proposed work is consistent with the regulations contained in this section, in all applicable ordinances, and in the zoning ordinance and design guidelines designating the Historic Landmark. Upon posted notice, and notification by regular mail at least five (5) days in advance to the immediately adjacent property owners as that ownership appears on the last approved tax roll, the committee shall conduct a public hearing on the application, at which time an opportunity is provided for proponents and opponents of the application to present their views.

(4)

All recommendations of the committee shall be in writing, stating its approval or the specific reasons for recommending denying or modifying any applications. The committee's recommendation shall be forwarded to the planning and zoning commission for recommendation and to city council for final approval or denial. A copy of the certificate shall be sent to the applicant (by registered mail) and a copy filed with the director of development.

(f)

Minor exterior alterations.

(1)

If the city staff determines that the applicant is seeking a certificate of site plan approval to authorize only minor exterior alterations, as defined in section 27-3, the staff shall review the application to determine whether the proposed work complies with the regulations contained in this section and all applicable historic landmark ordinances, including the design guidelines, and approve or deny the application within five (5) working days of its receipt.

(2)

Any interested person may appeal the staff's decision by submitting to the staff a written request for the standard certificate of site plan approval review procedure by the historic preservation committee.

(g)

Demolition permits and economic hardship.

(1)

A demolition permit for a Historic Landmark structure shall not be issued by the director of development until review and issuance of a completed certificate of site plan approval. The director of development shall not forward the application to the committee until it is complete. The following information must be supplied by the applicant before the application is considered complete:

a.

Information describing the condition of the structure;

b.

Estimated cost of restoration or repair;

c.

Demonstration that the adaptive use or restoration of the structure has been seriously considered;

d.

Any available historic records of the building (drawings, photographs);

e.

Architectural drawings for any proposed new construction which is intended to replace the historic structure;

f.

Any conditions proposed to be voluntarily placed on new development that would mitigate the loss of the Historic Landmark structure;

g.

Any other information that the staff finds appropriate for the committee to render a decision on the application.

(2)

The committee shall hold a public meeting on the application within forty-five (45) calendar days of receipt of the completed application and forward their recommendations through the planning and zoning commission to the city council for final determination. A copy of the decision shall be forwarded to the applicant within ten (10) days of the public meeting.

(3)

An applicant whose demolition CA has been denied may apply for hardship relief in order to prove the existence of hardship, the applicant shall have the burden to establish that:

a.

The property is incapable of earning a reasonable return on the owner's investment; or

b.

The property cannot be adapted for another use that can result in a reasonable return; or

c.

No potential purchaser of the property with a reasonable offer who intends to preserve it can be identified.

(4)

The committee shall hold a public meeting on the hardship application at least ninety (90) calendar days following the original date of application for the demolition permit, at which time proponents and opponents of the application may present their views. The committee may seek expert assistance in the field(s) of real estate development, appraisal, financing and other related disciplines to review the hardship application. The committee shall forward their recommendations through the planning and zoning commission to the city council for final determination.

(5)

The applicant shall consult in good faith with the committee, interested local groups and individuals in a diligent effort to investigate alternatives that will result in preservation of the property.

(h)

Status quo retained during pendency of zoning case.

(1)

The procedure for adopting an ordinance to establish or amend a Historic Landmark may be initiated by the city council, the planning and zoning commission, the historic preservation committee, or by the owner(s) of property within the area of request. Upon initiation of the procedure, no application may be accepted for a permit to place, construct, alter, demolish or remove any structure on the property until the earliest of the following dates:

a.

If the proposed zoning change is approved, the effective date of the ordinance implementing the change.

b.

If the proposed zoning change is denied, the day after the city council makes its final decision regarding the change.

c.

The 90th day after the filing dates of a written request for hardship relief, if any, made in accordance with section 10.5-10.

d.

The day after a certificate of site plan approval has been approved or approved with condition pursuant to design guidelines being considered for the proposed Historic Landmark.

(2)

For purposes of this section, the procedure is considered to be initiated immediately when the city council, or the planning and zoning commission, or the historic preservation committee votes to authorize the filing of a zoning case, or in the case of owner's initiation, when the application is filed with the historic preservation committee.

(l)

Enforcement. All work performed pursuant to a CA issued under this section shall conform to all its requirements. It shall be the duty of the development department to inspect periodically to assure such compliance.

(Ord. No. 1749, § 2, 11-28-00)