This article may be referred to as the "Historic Preservation Code."

(Ord. No. 2023-18, § 1, 6-27-23)

The development and promotion of historic preservation is hereby established as a program and function of the city. The name of the organization and program is the "City of Burnet Historic Board."

(Ord. No. 2023-18, § 1, 6-27-23)

The city council hereby declares that as a matter of public policy the protection, enhancement, and perpetuation of landmarks and a district 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 areas of the city, including, but not limited to, the historic downtown area, 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 section is intended to:

(a)

Protect and enhance the landmarks and districts which represent distinctive elements of the city's historic, architectural, and cultural heritage;

(b)

Foster civic pride in the accomplishments of the past;

(c)

Protect and enhance the city's attractiveness to visitors and the support and stimulus to the economy thereby provided;

(d)

Ensure the harmonious, orderly, and efficient growth and development of the city;

(e)

Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the city;

(f)

Encourage stabilization, restoration, and improvements of such properties and their values.

(Ord. No. 2023-18, § 1, 6-27-23)

The city may provide funding to the board as approved by the city council.

(Ord. No. 2023-18, § 1, 6-27-23)

(a)

There is hereby established a historic preservation board of directors (the "board).

(b)

The board shall consist of five members; one of which shall be a member of the city staff, one shall be a member of the city council, or a city staff member appointed in their stead, and three at-large members. The at-large members shall be appointed by the city council. For the initial terms, two at-large directors shall serve two-year terms and one shall serve a one-year term after which all terms for at-large members shall be two years. In the event a director leaves prior to the expiration of his/her term, the city council shall appoint a director to fill the un-expired term.

(c)

All at-large board members shall have a known and demonstrated interest or knowledge in historic preservation.

(d)

Officers of the board shall be the president, vice-president and secretary and shall be elected by and from the members of the board annually.

(e)

The board shall be subject to the city code of ethics.

(f)

The board shall meet at least monthly if business is at hand. Special meetings may be called at any time by the president, city staff member, or on the written request of any two board members.

(g)

A quorum of the board is required for the transaction of business and shall consist of not less than a majority of the currently sitting membership of the board.

(h)

The president shall be the executive officer for the board. He/she shall preside at board meetings and, with the approval of the board, appoint committees, task forces, and chairmen; act as a liaison to the code enforcement office, planning and zoning commission and/or the city council as needed to do the business of the board; serve on board committees as requested by the board and deemed appropriate; sign official documents on behalf of the board; and perform other such duties as may pertain to the office. The president shall submit an annual activity and progress report to the city council.

(i)

The vice-president shall preside at all meetings in the case of the absence of the president; he/she shall possess all of the duties and responsibilities of the president in the event of absence, resignation, or death of the president.

(j)

The secretary shall record the minutes of all the meetings; assist the president in arrangement and notification of meetings, necessary correspondence, and reports; where required, co-sign with the president where required, any contracts or instruments designated by the board as pertaining to the business of the board; perform any other duties normally pertaining to the office as requested by the board.

(k)

Committee chairmen shall lead their committee members in the execution of those tasks assigned to them by the board as they pertain to the business of the board.

(l)

No person may be appointed to the board who is related within the second degree by affinity (marriage) or within the third degree by consanguinity (blood) to any other member of board or city council. In the event that city council adopts nepotism rules generally applicable to boards and commissions the board shall comply with either this subsection or such general nepotism rules whichever is stricter.

(m)

All board meetings shall comply with the Texas Open Meetings Act.

(Ord. No. 2023-18, § 1, 6-27-23)

The board's duties functions and jurisdiction shall be determined by city council and shall include the following:

(1)

Recommend to the city council, criteria for the designation of historical, architectural, and cultural landmarks and delineation of historic district(s) of the city.

(2)

Conduct survey's and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the city.

(3)

Recommend to city council, the designation of landmarks and historic districts.

(4)

Create committees from among its membership to carry out the purposes of this article.

(5)

Maintain written minutes which record all actions taken by the board.

(6)

Recommend to city council, the conferral of recognition upon the owners of landmarks or properties within historic districts by means of certificates, plaques and/or markers.

(7)

Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.

(8)

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.

(9)

Review applications for certificates of appropriateness as provided for herein.

(10)

Prepare and submit a report summarizing the work completed as requested by the city and/or city council.

(11)

Recommend specific guidelines that, upon approval by city council, shall be the basis for the review of landmarks and districts.

(12)

With prior approval of the city council, research, and report on the possible acquisition of landmark structures by the city where its preservation is essential to the purpose of this article and/or where private preservation is not feasible.

(13)

Upon direction by the city council, review offers of the donation of preservation easements and development rights for the purpose of historic preservation, for consideration by the city council.

(Ord. No. 2023-18, § 1, 6-27-23)

The city manager, or in the absence of the city manager the person acting in his or her sted, is authorized and directed to administer this article as the historic preservation officer. The city manager may delegate such duties, and the title of historic preservation officer, to an employee under his or her supervision.

(Ord. No. 2023-18, § 1, 6-27-23)

(a)

The designation of a historic district or landmark is a change of zoning classification, which, in addition to the requirements of this division, shall comply with applicable provisions of this chapter 118 of this Code and V.T.C.A., Local Government Code, ch. 211 as stated in subsection (e) and (f).

(b)

The agenda, for any board meeting where the designation of a historic district or landmark shall be considered, shall include an agenda item describing the matter that will be considered, in accordance with the Texas Open Meetings Act.

(c)

At any hearing on the proposed designation of a historic district or landmark the owners of properties, subject to the proposed designation, city staff, 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.

(d)

At the conclusion of a hearing on the proposed designation of a historic district or landmark, the board shall make a recommendation to the planning and zoning commission in favor or opposed to the proposed designation.

(e)

Upon receipt of the recommendation, the planning and zoning commission shall conduct a public hearing and make a recommendation to council in accordance with this chapter.

(f)

Upon receipt of a report from the planning and zoning commission, the city council shall conduct a public hearing and may take final action on the proposed designation in accordance with this chapter.

(Ord. No. 2023-18, § 1, 6-27-23)

No property shall be considered by the board for designation as a historic landmark without the consent of the property owner(s) unless otherwise directed by the city council. For purposes of this article "property" shall mean any building, site, structure, or object that is deemed to meet the criteria for historical designation as provided for herein.

(Ord. No. 2023-18, § 1, 6-27-23)

Any property located within a city designated historic district shall be eligible for designation as a historic landmark if it meets the criteria for historic landmark designation as provided for herein.

(Ord. No. 2023-18, § 1, 6-27-23)

(a)

These provisions pertaining to the designation of a historic district constitute a part of this Code.

(b)

The board may not take under consideration the historic designation of any area or district without the consent of the city council, which shall be memorialized by resolution or minute order considered and acted on in open session.

(Ord. No. 2023-18, § 1, 6-27-23)

In order for a property to be designated a historic landmark or an area or district to be designated a historic district the city council, after consideration of the recommendations of the board and planning and zoning commission, shall proceed as follows:

(a)

City council must find that a property, area or district meets one or more of the criteria:

(1)

Possesses significance in history, architecture, archeology, and culture; or

(2)

Is associated with events that have made a significant contribution to local, regional, state, or national history; or

(3)

Embodies the distinctive characteristics of a type, period, or method of construction, or section of the city; or

(4)

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

(5)

Represents a significant, established, and familiar visual feature of the city.

(b)

City council may reject a property for historic designation if it makes one or more of the findings that follows:

(1)

The structure is in such condition that it is not a viable candidate for restoration; or

(2)

Materials or craftsmen are no longer available or are prohibitive in cost; or

(3)

The property cannot be adapted for any other use, whether by the current owner or by a purchaser; or

(4)

Efforts to find a purchaser interested in acquiring the property and preserving it have failed; or

(5)

Peculiar and unusual circumstances would prevent the reasonable use of the property; or

(6)

The historic qualities or character of the property cannot be ascertained or are not historically appropriate with the character of the historic district and/or other properties in its proximity.

(Ord. No. 2023-18, § 1, 6-27-23)

(a)

Exterior alteration. Unless otherwise provided for herein, no person shall can-y out any construction, reconstruction, alteration, restoration, rehabilitation, demolition, 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, sidewalks, fences, steps, paving, 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 having been issued a certificate of appropriateness.

(b)

Signs. No person shall carry out any construction, reconstruction, alteration, restoration, or rehabilitation of a sign for any historic landmark or any property within a historic district without having been issued a sign permit, in lieu of a certificate of appropriateness, from the city manager, or his/her designee ("city representative"). Requests for signs for any historic landmark or any property within a historic district shall be historically compatible in size, scale, color, material and complementary to the character of the property, neighborhood or environment of the property or historic district. The historic preservation officer shall have decision making authority for all such signs. Property owners who disagree with the decision of the city representative may appeal as provided for herein.

(c)

Exceptions. The following matters are hereby exempted from this section:

(1)

Landscaping; and

(2)

Sidewalks, streets, signs, paving, or other fixtures located within the public right-of-way and owned by any governmental entity; and

(3)

Remodeling and other alterations to the interior of a structure that does not affect the exterior of such structure.

(Ord. No. 2023-18, § 1, 6-27-23)

In making a recommendation on an application for a certificate of appropriateness to the historic preservation officer the board shall be guided by the following:

(a)

Minimal alteration of the building, structure, object, or site and its environment are encouraged.

(b)

The removal or alteration of any historic material or distinctive architectural features should be avoided where possible.

(c)

Changes which may have taken place in the course time and are significant evidence of the history and development of a building, structure, object, or site and its environment may have acquired significance in their own right. In this event, the board may apply the criteria for approval to the changes in addition to the original design of the structure.

(d)

Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, object, or site shall be kept where possible.

(e)

Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

(f)

Contemporary design for new construction, alterations and additions to existing properties shall not be discouraged when such alterations and additions are compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

(g)

In the event of a building in a historic district that has not been individually designated as a historic structure and the historic qualities or character cannot be ascertained or are not historically appropriate with the character of the historic district, the owner of such building may request a certificate of appropriateness, to that effect, from the historic preservation officer after recommendation by the board.

(Ord. No. 2023-18, § 1, 6-27-23)

(a)

Unless otherwise provided for herein, prior to the commencement of any work requiring a certificate of appropriateness the property owner shall file an application for such a certificate with the city representative. The application shall contain:

(l)

Name, address, telephone number of applicant, detailed description of proposed work.

(2)

Location and photograph of the property and adjacent properties.

(3)

Elevation drawings of the proposed changes, if available.

(4)

Samples of materials to be used, if applicable.

(5)

Any other information, which the board may deem necessary, in order to demonstrate the proposed work.

(b)

Upon receipt of an administratively complete application the historic preservation officer shall submit same to the board for consideration and recommendation. The board's review procedures shall be as follows:

(1)

The board shall convene as soon as practicable after the submission of the application;

(2)

After a city staff report and testimony and comments from the applicant and members of the public the board shall deliberate and render a recommendation to the historic preservation officer.

(3)

The recommendation shall be in writing and may be a recommendation for approval, denial, or approval with modifications.

(c)

Upon receipt of the board's recommendation the historic preservation officer shall either issue a certificate of appropriateness; or issue a certificate of appropriateness with modifications; or deny the application.

(d)

In the event the board fails to take action on the application within 30 days after it is deemed administratively complete, the historic preservation officer may take final action on the application without recommendation from the board.

(e)

An applicant aggrieved by a decision of the historic preservation officer may appeal the decision as provided herein.

(Ord. No. 2023-18, § 1, 6-27-23)

(a)

Except as provided for herein, a permit for the demolition of a historic landmark or property within a historic district, including secondary buildings, shall not be granted by any department of the city without a certificate of appropriateness.

(b)

The procedures for processing a demolition certificate of appropriateness are stated in section 118-258(b) through (e).

(c)

When considering its recommendation for a certificate of appropriateness for demolition, the board shall take into consideration:

(1)

If the structure is in such condition that it is not a reasonably viable candidate for restoration; or

(2)

If materials or craftsmen are no longer available or are prohibitive in cost; or

(3)

If the property cannot be adapted for any other use, whether by the current owner or by a purchaser; or

(4)

If efforts to find a purchaser interested in acquiring the property and preserving it have failed; or

(5)

If peculiar and unusual circumstances prevent the reasonable use of the property; or

(6)

If the historic qualities or character of the property cannot be ascertained or are not historically appropriate with the character of the historic district and/or other properties in its proximity.

(d)

In making its recommendation to the historic preservation officer the board shall make written findings stating whether or not the six factors set out in the subsection immediately above are true or false with regards to the demolition application at issue.

(e)

Any structure built in the place of a demolished building shall meet the criteria herein for new construction and shall require a certificate of appropriateness.

(Ord. No. 2023-18, § 1, 6-27-23)

(a)

No owner or person with an interest in real property designated as a historic landmark or included within a historic district 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 board, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.

(b)

In the event the board makes a recommendation of demolition by neglect of a property to the historic preservation officer.

(c)

Examples of such deterioration include:

(1)

Deterioration of exterior walls or other vertical supports.

(2)

Deterioration of roof 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.

(d)

The historic preservation officer, on his or her own initiative, or upon receipt of a finding by the board may file a criminal complaint in the Burnet municipal court and request the city manager initiate demolition by neglect civil proceedings in accordance with this Code and applicable state statutes.

(Ord. No. 2023-18, § 1, 6-27-23)

Any certificate of appropriateness or sign permit applicant aggrieved by a decision of the historic preservation officer may appeal the decision to the board of adjustment as provided in V.T.C.A., Local Government Code, § 211.010(a-1), (b), (c) and (d).

(Ord. No. 2023-18, § 1, 6-27-23)

All work performed under a building permit issued pursuant to a certificate of appropriateness shall conform to any requirements included therein. It shall be the duty of the city representative 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 board and verification by the city representative, the city representative 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.

(Ord. No. 2023-18, § 1, 6-27-23)

Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a historic 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.

(Ord. No. 2023-18, § 1, 6-27-23)

Any and all by-laws enacted to date shall be repealed.

(Ord. No. 2023-18, § 1, 6-27-23)

APPENDIX A. PLANNING AND ZONING ADMINISTRATIVE FEE SCHEDULE

A fee schedule of the city establishing fees and charges for applications reviewed/considered by the city.

Planning and Zoning Commission:

• Rezone: $250.00 plus a per notice fee equivalent to the current cost of certified mail as established by the United States Postal Service.

• Comprehensive plan or future land use plan amendment application: $250.00 plus a per notice fee equivalent to the current cost of certified mail as established by the United States Postal Service, or $100.00 if filed in conjunction with a rezone application.

• Conditional use or special exception application: $250.00 plus a per notice fee equivalent to the current cost of certified mail as established by the United States Postal Service.

Board of adjustment:

• Zoning variance: $250.00 plus a per notice fee equivalent to the current cost of certified mail as established by the United States Postal Service.

Sign permits:

• Illuminated and non-illuminated standard application: $50.00

• Nationally branded sign exception application: $250.00 plus a per notice fee equivalent to the current cost of certified mail as established by the United States Postal Service.

• Highway banner permits: $100.00 per banner.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)