Mcallen City Zoning Code
ARTICLE VIII
HISTORICAL PRESERVATION
§ 138-413 Purpose.
The Board of Commissioners of the City of McAllen hereby declares that as a matter of public policy the protection, enhancement, and perpetuation of 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 also recognized by the board of commissioners that the buildings and structures of the City of McAllen represent 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 the City of McAllen heritage. This article is intended to:
(a)
Protect and enhance the landmarks and districts which represent distinctive elements of McAllen's historic, architectural, and cultural heritage;
(b)
Foster civic pride in the accomplishments of the past;
(c)
Protect and enhance McAllen's attractiveness to visitors and the support and stimulus to the economy thereby provided;
(d)
Insure the harmonious, orderly, and efficient growth and development of the City of McAllen;
(e)
Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such historic buildings and structures within the city; and
(f)
Encourage stabilization, restoration and improvements of such buildings.
(Ordinance 2011-35, § I, adopted 6/27/2011)
§ 138-414 Definitions.
As used in this article, the following words shall have the following meanings:
means a feature in or of a parcel of land or a site, or a building, structure or object, or a related group of any of these. The term includes, but is not limited to, buildings, structures, objects, sites, landscaping, walls, fences, light fixtures, steps, paving, sidewalks, shutters, awnings and signs.
means the architectural elements embodying style, design, general arrangements and components of all of the outer surfaces of any improvements, including, but not limited to, the kind, color and texture of the building materials and the style and type of all windows, doors, lights, signs and other fixtures appurtenant to a structure.
means any structure designed to be built for the support, enclosure, shelter or protection of persons, animals, chattel or property of any kind. The word "building" includes the word "structure."
means the ability of an investment property, under reasonable, efficient and prudent management, of earning an annual rate of return greater than or equal to six percent.
means a permit issued pursuant to section 138-416 evidencing approval of the particular work it specifies.
means the Board of Commissioners of the City of McAllen.
means a newly constructed building or structure located either:
In or within 300 feet of a historic district or a contributing resource identified in a city historic resource survey; or
In or within 200 feet of another comparable building or structure, that has been built in keeping with standards and procedures promulgated by the City of McAllen, in a style congruent with a period of the neighborhood of 50 or more years prior to application.
means all the processes of looking after a historic resource so as to retain its historical, architectural or cultural significance.
means a historic resource, located within the boundaries of a historic district, that has been determined to add to the characteristics depicted in subsection 138-414(b)(3) on the basis of which the district was designated, including, without limitation, historic associations, architectural qualities, or archaeological values.
means the McAllen Historic Preservation Council.
means the demolition of a feature or a portion of a historic resource.
means visible from any street.
means a historic resource so designated by the city upon a finding that it meets the criteria of subsection 138-414(c)(3)b. hereof.
means a geographic area so designated by the city upon a finding that it meets the criteria of subsection 138-414(b)(3) hereof.
means any site, structure, object or artifact, or any of their features, which the city has determined has local, regional, statewide or national historical, architectural or cultural significance, and the land necessary for access to and use of the same.
means, with reference to replacement of deteriorated features with new features, such replacement as matches the material, composition, design, color, texture, and other visual qualities of the original feature.
means a historic resource so designated by the city upon a finding that it meets the criteria of subsection 138-414(c)(3)a. hereof.
means to perform ordinary repairs and maintenance, as necessary.
means a resource located within the boundaries of a historic district, that has been determined not to add to the characteristics depicted in subsection 138-414(b)(3) on the basis of which the district was designated, including, without limitation, because it is not 50 years or older, or it has been significantly altered.
means work done in order:
To correct any deterioration, decay of, or damage to a historic resource or any part thereof in order to restore same as nearly as practical to its condition prior to such deterioration, decay or damage, or
To prevent any deterioration, decay of, or damage to a resource or any part thereof in order to maintain it as nearly as practical in good condition, and
Which work does not constitute a change in design, material, or outward appearance.
means a set of requirements that is described in the ordinance text, is mapped, and is imposed in addition to those of the underlying zoning district.
means the City of McAllen Planning and Zoning Commission.
means the stabilization of a historic resource, its materials or features in their present condition to prevent future deterioration.
mean, respectively, a district, property or resource that, after review, is considered by the council to be historically significant and qualified for designation, respectively, as a historic district, a landmark or heritage property, or as a historic resource, and which is nominated by the council as a candidate for such historic designation.
means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.
means the act or process of accurately depicting the form, features and character of a historic resource as it appeared at a particular period of time. Sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make the historic resource functional is appropriate.
means anything constructed, erected or artificially built up; or composed of parts and joined together in a definite manner.
(Ordinance 2011-35, § I, adopted 6/27/2011)
§ 138-415 McAllen Historic Preservation Council; historic preservation officer.
(a)
There is hereby created a board to be known as the McAllen Historic Preservation Council consisting of seven members appointed by the board of commissioners each having a known and demonstrated interest, competence or knowledge in historic preservation within the City of McAllen. The council shall include at a minimum one member each that qualifies as:
(b)
Whenever a vacancy shall arise whereby there is a loss of representation in the council of at least one of the aforementioned qualified members, a new member shall be appointed to restore that representation.
(1)
A quorum shall consist of four members.
(2)
Members shall serve for a term of two years in staggered terms according to Chapter 2, Article III, Boards, Committees and Commissions of this Code.
(3)
The chairperson and vice-chairperson of the council shall be elected by and from members of the board.
(c)
The planning director shall appoint a qualified city staff person who has a known and demonstrated interest, competence or knowledge in historic preservation within the City of McAllen, to serve as historic preservation officer ("HPO"). The HPO shall administer this article, perform the duties and responsibilities as prescribed under this article, and advise the council on matters submitted to it. The HPO is responsible for coordinating the city's preservation activities with those of state and federal agencies and with local, state, and national nonprofit preservation organizations.
(Ordinance 2011-35, § I, adopted 6/27/2011)
§ 138-416 Functions of the council.
(a)
The council shall have the following powers and it shall be its duty to:
(1)
Prepare rules and procedures as necessary to carry out the business of the council.
(2)
Recommend criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts, which may be adopted by the board of commissioners.
(3)
Conducts surveys, and maintains an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the city.
(4)
Create committees from among its members and delegate to those committees responsibilities to carry out the purposes of this article.
(5)
Maintain written minutes which record all actions taken by the council and reasons for taking such actions.
(6)
Recommend to the commission that the city publicly recognize the owners of landmark or heritage properties or of properties within historic districts by means of certificates, proclamations, plaques 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 commission concerning the utilization of federal, state, local or private funds and/or tax incentives to promote the preservation or rehabilitation of landmark and heritage properties and historic districts within the city.
(9)
Act upon applications for certificates of appropriateness that are required under this article or that are voluntarily applied for by property owners.
(10)
Prepare specific design guidelines for the review of landmark and heritage properties and historic districts.
(11)
Recommend the acquisition of landmark and heritage properties by the city government where their preservation is essential to the purpose of this article and where private preservation is not feasible.
(b)
Meetings.
The council shall meet once a month if necessary at a regularly scheduled time. Special meetings may be called upon request of the chairperson or vice chairperson, or upon written request of four members, or upon notice from the chief building official or the HPO that a matter requires the consideration of the council. All meetings shall have advance notice posted in accordance with Texas Open Meetings Act, codified at V.T.C.A., Texas Government Code ch. 551, as the same may be amended.
(Ordinance 2011-35, § I, adopted 6/27/2011)
§ 138-417 Designation of historic districts, landmark properties, and heritage properties; withdrawal of designation.
(a)
Purposes.
The intent of historic district designation is to recognize areas of the city of historical and cultural importance because of the presence therein of significant historic, architectural, or cultural resources; to foster civic pride in the accomplishments of the past; to encourage stabilization, restoration, and improvements of such resources and their values; to allow for a design review process, and to serve as a basis for preservation incentive programs. The provisions in this article pertaining to the designation of landmark and heritage properties constitute a part of the comprehensive plan of the City of McAllen.
(b)
Designation of historic districts.
(1)
Zoning designation.
The commission may, from time to time, upon recommendation of council, designate certain areas in the City of McAllen as historic districts, and define, amend or eliminate the boundaries of same. Such districts shall bear the word "historic" in their zoning designation. Such designation shall be an overlay zone, in addition to any other zoning district designation established in the zoning ordinance.
(2)
Official zoning map.
The commission shall cause the designation to be recorded by the city secretary in the Records of Hidalgo County, the Hidalgo County Appraisal District, and the tax records of the City of McAllen. The official zoning map for the City of McAllen shall indicate the designated historic district with the suffix "HD".
(3)
Criteria.
In making the designation of a historic district, the commission shall affirmatively find the area has one or more of the following characteristics:
a.
Possess significance in history, architecture, archeology, and culture;
b.
Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history;
c.
Is associated with the lives of persons significant in our past;
d.
Embodies the distinctive characteristics of a type, period, or method of construction;
e.
Represents the work of a renowned master designer, builder or craftsman;
f.
Represents an established and familiar visual feature of the neighborhood;
g.
The majority of the resources within the district is 50 years old or older and considered contributing historically as it retains its structural and architectural integrity, and
(4)
Procedure to establish a historic district.
In designating a historic district, the following steps must be followed:
a.
A petition signed by the owners of a majority of the land within the proposed district requesting its designation as a historic district must be filed with the council as an attachment to an application to consider the designation of a historic district. The application shall be in the form and be filed in the manner required by the council.
b.
Once the application is submitted and processed, the council shall conduct a public hearing at which the owner, interested parties, and/or 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 district. The HPO shall make a presentation at the scheduled hearing and render a recommendation to the council. The council shall ascertain the historic nature of the proposed district and determine whether it meets the designation criteria. The council shall then forward a report and recommendation to the P&Z to accept, modify, or reject the district as proposed. Prior to the hearing written notices shall be sent as provided in subsection 138-57(3), and official signs shall be posted as provided in section 138-57(4), with the words, "NOTICE OF HISTORIC DISTRICT DESIGNATION," the number and location of which signs shall be determined by the council.
c.
Once the P&Z receives the council's report and recommendation, it shall give notice, conduct a public hearing. The HPO shall make a presentation at the scheduled hearing and render the council's recommendation to the P&Z. The P&Z shall ascertain the historic nature of the proposed district and determine whether it meets the designation criteria. After the hearing the P&Z shall forward the council's and its own report and recommendation to the commission to accept, modify, or reject the proposed district. Prior to the hearing written notices shall be sent and official signs shall be posted in the same manner as for the council's hearings, with the number and location of said signs determined by the P&Z.
d.
After receiving the council's and P&Z's reports and recommendations the commission shall conduct a public hearing and take action to accept, modify, or reject the proposed district. Prior to the hearing notice shall be given by publication as provided in section 138-58. At the hearing the HPO shall make a presentation and render the council's and the P&Z's recommendations.
e.
Nominated districts.
The council may, without a petition, when brought to its attention or on its own motion, consider, propose and act to recommend designation of a nominated historic district. In such a case the council's approved motion to do so will substitute for the petition referred to at subsection (b)(4)a., above. All relevant procedures outlined in subsection (b)(4), hereinabove, shall be followed. However, no recommendation may be forwarded to the P&Z unless the council's recommendation is supported by a two-thirds majority vote.
(5)
Maintaining districts.
In order to qualify for any special funding or tax incentives, designated historic district must maintain the characteristics depicted in subsection 138-414(b)(3) on the basis of which it was designated, and follow all relevant guidelines established by the City of McAllen including performing ordinary repairs and maintenance as necessary.
(c)
Designation of historic properties.
(1)
Zoning designation.
The commission may, from time to time, designate certain historic resources in the City of McAllen as landmark or heritage properties. Such properties shall bear the word "historic" in their zoning designation. Such designation shall be an overlay zone, in addition to any other zoning district designation established in the zoning ordinance.
(2)
Official zoning map.
Upon designation of property as a heritage or landmark property, the commission shall cause the designation to be recorded in the Official Public Records of Real Property of Hidalgo County, the tax records of the City of McAllen and the Hidalgo County Appraisal District. The official zoning map for the City of McAllen shall indicate a designated landmark property with the suffix "LP," and a designated heritage property with the suffix "HP".
(3)
Criteria.
A property qualifies for designation as a landmark or heritage property if it is a historic resource, including a building or structure that complies with all the applicable requirements of this article and meets any of the following criteria for the specific designation:
a.
For landmark property designation, the property is at least 50 years old, has been restored, rehabilitated, or preserved in accordance with the applicable United States Secretary of the Interior's Standards, and any design guidelines adopted by the city, and:
1.
Embodies the distinctive characteristics of a type, period, or method of historical construction or architecture;
2.
Is associated with the lives of persons significant to our past;
3.
Is associated with events that have made a significant contribution to the broad patterns of our history; or
4.
Has yielded information important in the prehistory or history of McAllen, the region, or the nation.
b.
For heritage property designation, the property is:
1.
At least 50 years old but does not qualify for or is not designated a landmark property and, in keeping with standards and procedures promulgated by the City of McAllen, has had all of the facade facing any street it abuts substantially restored, rehabilitated, or preserved; or
2.
Is less than 50 years old and has been substantially restored, rehabilitated, or preserved in keeping with standards and procedures promulgated by the City of McAllen; or
3.
Is a comparable building or structure, as that term is defined in this article.
(4)
Procedure to designate historic properties.
In designating a landmark or heritage property, the following steps must be followed:
a.
A property owner shall submit an application to the council in order to be considered for designation as a landmark or heritage property. The application shall be in the form and be filed in the manner required by the council.
b.
Once the application is submitted and processed, the council shall conduct a public hearing whereas the owner, interested parties, and/or 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 property. Written notices shall be sent in a manner similar to that provided in subsection 138-57(3), and official signs shall be posted as is provided in subsection 138-57(4), with the words, "NOTICE OF HISTORIC PROPERTY DESIGNATION," with the number and location of said signs determined by the council. At the hearing the HPO shall make a presentation and make a recommendation to the council. Following the hearing and deliberation, the council shall forward a recommendation to the P&Z.
c.
Upon submission by the council, the P&Z shall give notice and conduct its hearing on the proposed designation. Written notices shall be sent and official signs shall be posted in the same manner as for the council's hearings, with the number and location of said signs determined by the P&Z. At the hearing the HPO shall make present the council's recommendation. Following the hearing and deliberation, the P&Z shall forward a recommendation to the commission.
d.
Upon receipt of a recommendation from the P&Z, the commission shall give notice, hold a public hearing and make its determination. Notice of such hearing shall be given by publication as provided in section 138-58. At the hearing the HPO shall make a presentation and render the council's and the P&Z's recommendations.
e.
Nominated historic properties. The council may, without a petition, when brought to its attention or on its own motion, consider, propose and act to recommend designation of nominated historic properties. In such a case the council's approved motion to do so will substitute for the property owner's application referred to at subsection (c)(4)a, above. All relevant procedures outlined in subsection (c)(4), hereinabove, shall be followed. However, no recommendation may be forwarded to the P&Z unless the council's recommendation is supported by a two-thirds majority vote.
(5)
Maintaining historic properties.
In order to qualify for any special funding or tax incentives, landmark and heritage properties, and contributing resources in historic districts must maintain the characteristics on the basis of which they were designated, must be properly maintained, and follow all relevant guidelines established by the City of McAllen.
(d)
Withdrawal of designation.
Whenever it shall come to the council's attention that a designated historic district has failed to maintain the characteristics depicted in subsection 138-414(b)(3) on the basis of which it was designated, or that a designated landmark of heritage property has failed to maintain the criteria specified in subsection 138-414(c)(3), or that either such a district or property has failed to follow any relevant guidelines established by the City of McAllen, the council may entertain a motion to recommend withdrawal of such designation. Such withdrawal of designation shall render the affected properties ineligible for any tax relief, pursuant [to] section 98-72 of this Code.
(1)
Procedure to withdraw designation.
The affected landmark or heritage property owner and all property owners of the affected historic district shall be given written notice of the time and place of the hearing by certified mail sent at least ten business days before the meeting to the owner's address of record.
(2)
Written notices shall be sent in a manner similar to that provided in subsection 138-57(3), and official signs shall be posted as is provided in subsection 138-57(4), with the words, "NOTICE OF HEARING TO WITHDRAW HISTORIC DESIGNATION," with the number and location of said signs determined by the council.
(3)
The HPO shall make a presentation at the scheduled hearing and render a recommendation to the council. The owner or owner's agent or representative shall attend the council's scheduled hearing. In the event the owner or owner's agent or representative fails to be present at the hearing the council shall table the item. At any subsequent meeting and regardless of the absence of the owner or owner's agent or representative, the council may take action.
(4)
The council shall forward a recommendation to the P&Z for withdrawal of designation if it finds that:
a.
A designated historic district has failed to maintain the characteristics depicted in subsection 138-414(b)(3) on the basis of which it was designated; or
b.
A designated landmark of heritage property has failed to maintain the criteria specified in subsection 138-414(c)(3); or
c.
Either such a district or property has failed to follow any relevant guidelines established by the City of McAllen.
(5)
Once P&Z receives the council's recommendation it shall cause written notices to be sent in a manner similar to that provided in subsection 138-57(3), and official signs shall be posted as is provided in subsection 138-57(4), with the words, "NOTICE OF HEARING TO WITHDRAW HISTORIC DESIGNATION," with the number and location of said signs determined by the council. P&Z shall conduct a public hearing during which the HPO shall make a presentation and render the council's recommendation. Following the hearing the P&Z shall deliberate and forward a recommendation to the commission.
(Ordinance 2011-35, § I, adopted 6/27/2011)
§ 138-418 Certificate of appropriateness required.
It shall be unlawful for any person to:
(a) | Carry out or allow any construction, reconstruction, alteration, restoration, rehabilitation, installation, or relocation of any portion of or any exterior feature of any contributing property in a designated historic district, or of any landmark or heritage property, or of any state or federally designated historic resource, or |
(b) | Construct or install any new structure within a designated historic district or in a designated historic landmark or heritage property, or in any state or federally designated historic resource, |
until after an application for a certificate of appropriateness of such work has been approved by the council. Additionally, a building or demolition permit may not be granted for any contributing property within a historic district or in a designated historic landmark or heritage property, unless the council issues a certificate of appropriateness. Neither shall anyone carry out or allow any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from any street, which affects the appearance and cohesiveness of any contributing property in a designated historic district, or of any landmark or heritage property, or of any state or federally designated historic resource, unless the council issues a certificate of appropriateness.
(a)
A certificate of appropriateness shall be required prior to beginning any work in any historic resource, including work claimed to be ordinary repair or maintenance. No building permit shall be issued for property that requires a certificate of appropriateness unless and until the HPO certifies to the building official that such a certificate of appropriateness has been granted, advising as to any conditions attached to such a certificate.
(b)
A review of the plans or proposed work shall be undertaken by the HPO for submission of a recommendation to the council, or by the council directly, after the property owner files a completed application.
(c)
Decisions of the council and by the HPO shall be in writing and shall state the findings of the council.
(d)
A certificate of appropriateness shall be valid for 12 months and shall expire thereafter.
(e)
An applicant may resubmit an application for a certificate of appropriateness after 12 months from the date of a denial.
(f)
Certificates of appropriateness may be issued for distinct and separate phases of an ongoing project.
(Ordinance 2011-35, § I, adopted 6/27/2011)
§ 138-419 Certificate of appropriateness; application and procedure.
(a)
Application.
The applicant shall submit to the HPO an application in writing for a certificate of appropriateness which includes data and information as required by the HPO, including but not limited to the following:
(1)
Name of applicant and property owner.
(2)
Mailing address of applicant and permanent address of property owner.
(3)
Legal description and location of property to be altered or repaired.
(4)
A detailed description of the nature of the proposed external repair, demolition alterations or additions to be performed.
(5)
A description of the structure and/or site and a narrative as to how the proposed change will be in character with its architectural and historical aspect on the basis of which it was designated and, if in a historic district, as to how the proposed change will impact upon the district.
(6)
Any circumstances or conditions concerning the property which may affect compliance with this article.
(7)
The intended and desired starting and completion date of the repair, demolition alterations or additions to be made.
(8)
Any drawings or photographs which would explain the proposed repair, demolition alterations or additions.
(9)
Samples of the colors which will be used on the structure, and of the materials to be used or applied on, or that may affect the exterior.
(10)
Building, plumbing, electrical, mechanical and/or other permit applications.
(b)
Fees.
A nonrefundable administrative fee of $100.00 will be assessed to the applicant reflecting the cost to the city for processing the application. The application will not be deemed complete, nor will it be processed until such fee is paid in full. Separate permit fees shall apply for any construction or demolition. If the application is approved, all applicable building permits shall be obtained and all required fees paid prior to commencement of any work.
(c)
Ordinary repair, demolition alterations or additions.
If the HPO, guided by the adopted design guidelines, and where applicable, criteria established by the Secretary of the Interior, determines that the application involves ordinary repair or maintenance, change, restoration, color or removal of any exterior architectural feature of a historic resource which does not involve significant change in the architectural or historic value, style, general design or appearance, such officer may tentatively approve the application, on condition that the applicant shall use only the gentlest means possible, and shall forward a copy of the approved application to the chairperson of the council or to the vice chairperson of the council, if the chairperson is not available. The chairperson or vice chairperson of the council shall, within five business days after receipt of the tentative approval, either approve the HPO's decision or call a meeting of the council to consider the application, which meeting shall be held no later than ten business days after receipt of the tentative approval. If the council officer does not take any action within five business days, or if a meeting is called and no action is taken to overturn the tentative approval, such tentative approval shall be deemed an approval by the council. The HPO shall report all applications approved under this subsection to the council at its next meeting following approval.
(d)
Significant repair, demolition alterations or additions.
If the HPO determines that the application involves a repair, demolition alteration, addition, change, restoration, or removal of an external architectural feature of a historic resource which involves a significant change in the architectural or historic value, style, general design, or appearance or for any other reason does not desire to act under the subsection above and is within a historic district or is a designated landmark or heritage property, he/she shall refer the application to the council and schedule the matter for the next available meeting of the council to consider a certificate of appropriateness.
(e)
Procedure.
For all applications other than those approved by the HPO, the council shall hold a public hearing to consider the application within 60 calendar days after the receipt of a completed application.
(1)
The applicant shall be given written notice of the time and place of the meeting by regular mail sent at least five business days before the meeting to the address on the application.
(2)
Written notices shall be sent in a manner similar to that provided in subsection 138-57(3), and official signs shall be posted as is provided in section 138-57(4), with the words, "NOTICE OF APPLICATION FOR CERTIFICATE OF APPROPRIATENESS," with the number and location of said signs determined by the council.
(3)
The HPO shall make a presentation at the scheduled hearing and render a recommendation to the council. The applicant or his/her agent, or representative, shall attend the council's scheduled hearing to consider the application, otherwise the council shall not take action, and the application will be deemed to be incomplete. Applicant's or his/her agent's or representative's failure to attend a second scheduled hearing shall be treated for all purposes as a withdrawal of the application.
(4)
The council shall make its determination and forward notice of the same to the HPO within 60 calendar days after receipt of a completed application unless the council schedules additional hearings, after the first is timely held, in which case the determination and notification shall be extended.
(f)
The council may approve an application and condition such approval upon applicant's compliance with such revisions, stipulations or requirements as the council may find appropriate.
(g)
No building permit applications shall be accepted nor shall any such permit be issued, and no work shall be performed until after approval of a certificate of appropriateness, and not until five business days have elapsed from its transmission to the building official by the HPO, with any advice as to conditions which may have been attached to such a certificate.
(Ordinance 2011-35, § I, adopted 6/27/2011)
§ 138-420 Criteria for review of certificate of appropriateness.
In determining the recommendation and action on an application for a certificate of appropriateness, the HPO and the council shall review and decide the appropriateness of the proposed repair, demolition alterations or additions, and its compliance with any applicable City of McAllen Design Guidelines for designated local landmark and heritage properties, and the Secretary of the Interior's Standards for Treatment of Historic Properties and Guidelines for Preservation, Rehabilitation and Reconstruction.
(Ordinance 2011-35, § I, adopted 6/27/2011)
§ 138-422 Economic hardship waiver procedure; appeals.
(a)
Within ten calendar days of receipt of written notification from the council of the denial of a certificate of appropriateness to demolish a resource or any part of it, an aggrieved applicant may file an economic hardship waiver application with the HPO. Within 60 calendar days of applicant's receipt of the denial notice, a waiver applicant must have a complete application on file, including all required documentation and exhibits, including, without limitation:
(1)
Appraisal of property by a licenses real estate appraiser;
(2)
Estimated costs for appropriate rehabilitation prepared by a licensed architect or engineer with experience in historic preservation;
(3)
Documentation of consideration of alternative uses for the property, and
(4)
Documentation of public advertisement to solicit a buyer willing to appropriately rehabilitate their property.
(b)
No building permit or demolition permit shall be issued unless the council makes a finding that hardship exists and approves a waiver.
(c)
Applicants for economic hardship waivers must prove with adequate and sufficient documentary and other evidence, that:
(1)
The owner cannot make reasonable beneficial use of or, for income-producing properties, the property is not capable of yielding a reasonable return, regardless of whether that return represents the most profitable return possible;
(2)
Reasonable efforts to find a party interested in acquiring the property and preserving it have failed; and
(3)
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would render it capable of yielding a reasonable return.
(d)
The applicant shall consult in good faith with the council, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
(e)
The council shall hold a public hearing on the hardship waiver application no later than the second regular council meeting from the date the completed application is received by the HPO. The applicant shall be given written notice of the time and place of the meeting by regular mail sent at least five business days before the meeting to the address on the application. Written notices shall be sent in a manner similar to that provided in subsection 138-57(3), and official signs shall be posted as is provided in subsection 138-57(4), with the words, "NOTICE OF HARDSHIP APPLICATION FOR WAIVER OF CERTIFICATE OF APPROPRIATENESS," with the number and location of said signs determined by the council. Following the hearing the council shall decide whether to grant or deny the hardship application. In the event the council does not act within 120 calendar days of the receipt of the application, the hardship application shall be deemed approved and a certificate of appropriateness granted.
(f)
A written notice of the council's decision, stating the reasons for granting or denying the hardship application, shall be sent to the applicant by certified mail within five business days after it is rendered.
(g)
An applicant dissatisfied with any action of the council relating to the issuance or denial of a certificate of appropriateness or a waiver of same that is aggrieved by any such decision of the council may present to the board of commissioners a petition, duly verified, setting forth that such decision is unjust, in whole or in part, and specifying the grounds of injustice. Such petition shall be presented to the board of commissioners within five business days after the final decision of the council, and not thereafter. The commission shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the zoning ordinance of the city for zoning amendments.
(Ordinance 2011-35, § I, adopted 6/27/2011)
§ 138-423 Demolition by neglect or without a certificate of appropriateness; penalties.
(a)
No owner or person with an interest in real property designated as a landmark or heritage property 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 council, produce a detrimental effect upon the historic character of the district or property. Such property shall be subject to the withdrawal of its designation pursuant to subsection 138-414(d), penalties and disqualification pursuant to sections 98-72 and 98-73 of this Code, and ineligibility for any tax relief granted under chapter 98, division 3 of this Code.
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.
(b)
A person found guilty of demolition of a designated property by neglect or without a required certificate of appropriateness shall be fined at least $500.00 but not more than $5,000.00 per violation.
(Ordinance 2011-35, § I, adopted 6/27/2011)
§ 138-424 Penalties.
(a)
The board may revoke classification designators for failure by the property owner(s) within the historic district or of a designated landmark or heritage property to maintain the structure at the prescribed levels.
(b)
Any person who shall violate, participate or acquiesce in the violation of any provision of this [article] or who shall fail to comply therewith or with any of the requirements thereof, or who shall erect or alter any historic resource in violation of any detailed statement or plan required to be submitted and approved thereunder shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall, upon conviction, be punished as prescribed in section 1-14 of this Code.
(c)
The city attorney's office is hereby authorized to file an appropriate action in a court of competent jurisdiction to enforce the provisions hereof by cause in equity or by any other remedy available by law.
(Ordinance 2011-35, § I, adopted 6/27/2011)