The historic overlay and landmark districts are intended to protect, enhance, and perpetuate landmarks or districts of historical, cultural, architectural, archaeological and natural importance and significance, which is necessary to promote the economic, cultural, educational and general welfare of the public. It is recognized that Waco represents a unique confluence of time and place that has shaped the identity of generations of citizens, collectively and individually, and has produced significant historical, cultural, architectural, archaeological, paleontological and natural resources that constitute their heritage. The districts are intended to:

(1)

Protect and enhance the landmarks and districts which represent distinctive elements of Waco's historical, cultural, architectural, archaeological, paleontological and/or natural heritage;

(2)

Foster civic pride in the accomplishments of the past;

(3)

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

(4)

Develop a base for tourism within the unique Brazos River area and other areas;

(5)

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

(6)

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

(7)

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

(Ord. No. 1999-23, § 1, 5-4-99)

The following words, terms, and phrases, when used in division 26 of article IV of this chapter, shall have the meaning ascribed to them in this section:

(1)

Building: A structure created to shelter people or things, such as a house, barn, church, hotel, warehouse, or similar structure, including a historically related complex, such as a courthouse and jail or a house and barn.

(2)

Demolition: Any act or process that, in whole or in part, destroys, razes or permanently impairs the structural integrity of a building, structure, object, or site which has been designated as a historic landmark.

(3)

Demolition delay:

a.

Historic landmark properties: A ruling by the historic landmark preservation commission, upon an application for a certificate of appropriateness, which delays the granting of a demolition permit for a historic landmark property for a reasonable period of time in order to allow time for efforts to preserve the building, structure, object, or site.

b.

Eligible historic landmark property: An automatic delay of up to 90 days in the issuing of a demolition permit for a property considered to be eligible for designation as a historic landmark, but not so designated, as described in section 28-1139(b) of this article.

(4)

Demolition denial: A ruling by the historic landmark preservation commission, upon an application for a certificate of appropriateness, which denies a demolition permit in order to preserve the building, structure, object, or site.

(5)

Design guidelines: Standards set forth in the ordinance designating a historic landmark adopted by the city council which are used to preserve the historic, cultural, architectural, archaeological, paleontological or natural significance of historic landmarks, and which the historic preservation commission shall rely upon as criteria for granting certificates of appropriateness concerning the property.

(6)

District: A geographically definable area possessing a significant concentration, linkage, or continuity of buildings, structures, objects, or sites united by past events, or aesthetically by plan or physical development and which may be thematically linked by association or history.

(7)

Historic landmark: A property, located within the boundaries of a historic overlay district, that contributes to the district's historical significance through location, design, setting, materials, workmanship, feeling or association, and whose demolition or destruction would constitute an irreplaceable loss to the quality and character of Waco. It may also include a building, structure, object, or site of historical, cultural, architectural, archaeological, paleontological or natural significance outside of a historic district. The property is eligible for partial tax exemptions, partial building code exemptions and permit fee refunds subject to the conditions of the ordinance. The property requires a certificate of appropriateness prior to commencement of certain types of intrusive activity and demolition.

(8)

Object: An object is a material thing of functional, aesthetic, cultural, historical, archaeological, paleontological or natural value that may be movable, by nature or design, yet is related to a specific setting or environment.

(9)

Ordinary maintenance and repair: Any work, the purpose and effect of which is to correct any deterioration or decay of or damage to a building, structure, object, or site, or any part thereof, and to restore the same, as nearly as may be practicable, to its condition prior to such deterioration, decay or damage, using the same materials or those materials available which are as close as practicable to the original.

(10)

Property: Any real property which contains a building, structure, object, or site.

(11)

Site: The location of a significant event, a pre-historic or historic occupation or activity, or a building, structure or object, whether standing, ruined or vanished, where the location itself possesses historical, cultural, architectural, archaeological, paleontological, or natural value regardless of the value of any existing structures.

(12)

Structure: A functional construction, other than a building, made usually for purposes other than creating human shelter, such as a bridge, a silo, a kiln, a fence, an earthwork, or any other such construction.

(Ord. No. 1999-23, § 1, 5-4-99)

(a)

There is hereby created a commission to be known as the Waco Historic Landmark Preservation Commission. The commission shall consist of 12 members to be appointed by the city council as follows. Each member must be a resident of the City of Waco. Membership of the commission shall, to the extent possible, be composed of persons who both own historic property and represent the following areas of expertise or interest:

(1)

At least one should be an architect, planner, or representative of a design profession;

(2)

At least one should be a professional historian;

(3)

At least one should be a real estate licensee;

(4)

At least one should be an attorney;

(5)

At least one should be an owner or representative of an owner of a landmark or of a property in a historic district;

(6)

At least one should be a representative of the Historic Waco Foundation;

(7)

At least one should be a professional archaeologist, paleontologist or from a related discipline;

(8)

At least one should be a representative of the McLennan County Historical Commission;

(9)

At least one should be a representative of the Associated General Contractors of America, Inc.;

(10)

At least one should be a representative of a lending institution;

(11)

At least one should be a representative from the following: the Greater Waco Chamber of Commerce, the Black Chamber of Commerce, or the Hispanic Chamber of Commerce; and

(12)

At least one member should be a person with special interests or expertise such as a member of a heritage or preservation group, a tenant in a landmark or property in a historic district, a public school teacher, landscape architect, genealogist, a vocational historian, or other such person.

(b)

All commission members, regardless of background, shall have a known and demonstrated interest, competence, or knowledge in historic preservation within the City of Waco.

(c)

The city council shall, to the extent possible, strive to make the Commission representative of both the ethnic makeup and the geographic diversity of the city.

(d)

Commission members shall serve for a term of two years, with the exception that the initial term of six members shall be one year, and that the remaining six members shall be two years, and length of initial terms shall be determined by lot. No member may serve more than two consecutive terms, but members may serve again after being off the commission for at least two consecutive years.

(e)

The chair and vice chair of the commission shall be elected by and from the members of the commission. Each shall serve for a period of one year, but may serve for up to two consecutive years.

(f)

Ex officio, non-voting, members of the commission shall be the following persons or their designees of the city:

(1)

Director of planning;

(2)

Director of parks, facilities and grounds;

(3)

City manager;

(4)

Building official; and

(5)

City attorney.

(g)

The commission shall:

(1)

Make recommendations for employment of staff and professional consultants as necessary to carry out the duties of the commission;

(2)

Prepare rules, procedures, and budget proposals as necessary to carry out the business of the commission, which shall be approved by the city council;

(3)

Adopt and disseminate criteria for the designation of historical, cultural, architectural, archaeological, paleontological and natural landmarks and the delineation of historic districts, which shall be ratified by the city council;

(4)

Conduct surveys and maintain an inventory of significant historical, cultural, architectural, archaeological, paleontological and natural landmarks and all properties located in historic districts within the city;

(5)

Recommend the designation of resources as landmarks and historic districts;

(6)

Create committees from among its membership and delegate to these committees responsibilities to carry out the purposes of this article;

(7)

Seek assistance in the execution of its duties from citizen and advisory groups;

(8)

Maintain written minutes which record all actions taken by the commission and the reasons for taking such actions;

(9)

Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers;

(10)

Increase public awareness of the value of historical, cultural, architectural, archeological, paleontological and natural preservation by developing and participating in public education programs and by disseminating educational materials on historic preservation;

(11)

Make recommendations to the city council and city staff concerning the application for and utilization of city, state, federal, or private funds to promote the preservation of landmarks and historic districts within the city;

(12)

Approve or disapprove applications for certificates of appropriateness pursuant to this article;

(13)

Prepare and submit annually to the city council a report summarizing the work completed during the previous year;

(14)

Prepare specific guidelines for the review of landmarks and districts;

(15)

Recommend the acquisition of landmarks by the City of Waco where preservation is essential to the purpose of this article and where private preservation is not feasible;

(16)

Develop and propose incentive programs, such as tax exemption, tax rebate, tax increment financing, and privately funded low-interest loan programs;

(17)

Plan and recommend long-range historic preservation goals and policies;

(18)

Make applicants aware of the issues and benefits related to landmark designation and of economic incentive programs that may be available at the time of application.

(h)

The commission shall meet at least monthly, if business is at hand. Special meetings may be called at any time by the chair, the mayor, or on the written request of any two commission members. All meetings shall be held in conformance with the Texas Open Meetings Act, V.T.C.A., Government Code ch. 555.

(i)

All rulings by the commission shall be in writing.

(j)

A quorum for the transaction of business shall consist of not less than a majority of those members qualified and serving, excluding ex-officio members. Voting by proxy shall not be permitted.

(Ord. No. 1999-23, § 1, 5-4-99; Ord. No. 2004-0721, § 2, 12-7-04)

The city manager shall designate a historic preservation officer who will provide appropriate assistance and access to budgetary resources. This officer shall administer this article and advise the commission on matters submitted to it.

In addition to serving as a representative of the commission, the officer is responsible for coordinating the city's preservation activities with those of county, state and federal agencies and with local, state, and national nonprofit preservation organizations. The records and archives of the commission shall be kept in the office of the historic preservation officer.

The historic preservation officer shall assist applicants for historic overlay zoning with the application procedures. In addition, the officer shall seek the assistance of the applicant on the development of the ordinance establishing the overlay districts.

The historic preservation officer shall keep and maintain a record of all historic landmarks either inside or outside a historic district.

(Ord. No. 1999-23, § 1, 5-4-99)

Any person desiring the historic overlay for a district and owning property within the proposed district shall make application for a zone change subject to the conditions of section 28-123 of this article. Such application shall also contain the following:

(1)

Legal description of the land on which such classification is requested, together with the local street addresses.

(2)

Name and address of each owner or owners of property on which such classification is requested.

(3)

The signatures, addresses, and telephone numbers of at least 40 percent of the owners of property in the area to be considered for a district with the historic overlay designation.

(4)

The signatures, addresses, and telephone numbers of those properties within the district also requesting historic landmark status for individual structures.

(5)

A plan suitable for reproduction with identifies the boundaries of the proposed district.

(Ord. No. 1999-23, § 1, 5-4-99)

(a)

The city council may designate a district with the historic overlay designation if the proposed district:

(1)

Contains properties which meet one or more of the criteria for designation of a historic landmark as stated in section 28-1139;

(2)

Constitutes a geographically definable area possessing a significant concentration, linkage, or continuity of buildings, structures, objects, or sites united by past events, or aesthetically by plan or physical development and which may be thematically linked by association or history; and

(3)

The area (excluding public rights-of-way) consists of a minimum of seven acres.

(b)

Prior to consideration by the plan commission and city council, a public hearing shall be held by the historic landmark preservation commission subject to the following provisions:

(1)

Property owners within a proposed district shall be notified at least 15 days prior to the historic landmark preservation commission hearing on the recommended designation. At the commission's public hearing, owners, interested parties, and technical experts may present testimony or other evidence which will become part of a record regarding the historical, cultural, architectural, archaeological and/or natural importance of the proposed historic district. The historic landmark preservation commission shall conduct a hearing within 45 days after the designation procedure is initiated. The commission shall make its recommendation to the plan commission upon the designation request within 45 days after the conclusion of the hearing on the proposed designation.

(2)

Upon recommendation of the commission, the proposed historic district shall be forwarded to the plan commission within 30 days from the historic preservation commission's recommendation. Notice and hearings shall be in the same manner and according to the same procedures as specifically provided in divisions 6 and 7, of article II, of this chapter.

(3)

Upon designation of a historic overlay district by the city council, the designated boundaries shall be recorded in the Official Public Records of Real Property of McLennan County, the tax records of the City of Waco and the McLennan County Appraisal District as well as the official zoning maps of the City of Waco. All zoning maps should indicate the designated historic district.

(4)

Upon designation of a historic landmark within a historic overlay district, the designation shall be recorded in the Official Public Records of Real Property of McLennan County, the tax records of the City of Waco, and the McLennan County Appraisal District as well as the official zoning maps of the City of Waco. All zoning maps should indicate the designated landmarks.

(Ord. No. 1999-23, § 1, 5-4-99)

(a)

Allowable uses: Except as restricted by the ordinance establishing the district, the use classification for all property located in the historic overlay district shall be governed by the regulations of the underlying zoning districts.

(b)

Establishing a district; denial. A historic overlay district is subject to the regulations of the underlying zoning district(s), except the ordinance establishing the district may prohibit or permit additional uses and provide additional regulations for the historic overlay district. The ordinance establishing the district shall also identify all properties within the district which are eligible for historic landmark status as defined by section 28-1139(b) of this article. A request for historic landmark status for individual properties may be denied subject to section 28-1140(b) of this article.

(c)

Property owners' rights: Upon passage of the district ordinance, the historic preservation officer shall send a notice to the owners of all property within the district stating the effect of the designation. Any person, firm or corporation that owns a majority interest in a structure or site located within a district may have such property stricken from the district by notifying the historic landmark preservation commission in writing within one year after the passage of the ordinance.

(Ord. No. 1999-23, § 1, 5-4-99)

(a)

A site may be designated as a historic landmark if any of the following applies:

(1)

It possesses significance with respect to history, culture, architecture, archeology, paleontology, or as a natural site with a demonstrable cultural association;

(2)

It is associated with events that have made a significant contribution to the broad patterns of local, regional, state, national or international history;

(3)

It is associated with the lives of persons significant in local, regional, state, national or international history;

(4)

It embodies the distinctive characteristics of a type, period, or method of construction;

(5)

It represents the work of a master designer, builder, or craftsman; or

(6)

It represents a distinctive and familiar visual feature of the city.

(b)

A property automatically qualifies for designation as a historic landmark if:

(1)

It is listed on the National Register of Historic Places;

(2)

It is designated as a Recorded Texas Historic Landmark;

(3)

It is designated as a state archaeological landmark;

(4)

It is designated as "high priority" in the local survey of historic properties. The survey must be officially adopted by the city council and shall be updated from time to time as necessary; or

(5)

It is designated as a local landmark by the city council.

(Ord. No. 1999-23, § 1, 5-4-99)

(a)

The historic landmark designation may be applied to individual properties located inside or outside a historic overlay district.

(1)

Any owner desiring the historic landmark designation for an individual property shall make application for a zone change subject to the conditions of section 28-123 of this chapter.

(2)

Notice and hearings shall be in the same manner as that required for historic overlay zoning for districts as provided in section 28-1137 of this article.

(b)

Applications for the historic landmark designation may be denied in the following instances:

(1)

The property does not the possess criteria contained in section 28-1139; or

(2)

The property no longer qualifies as historic based on the criteria of section 28-1139 because of alteration, relocation, destruction or deterioration of all or a significant part of the property.

(c)

Upon designation of a Historic Landmark, the designation shall be recorded in the Official Public Records of Real Property of McLennan County, the tax records of the City of Waco, and the McLennan County Appraisal District as well as the official zoning maps of the City of Waco. All zoning maps should indicate the designated landmarks.

(Ord. No. 1999-23, § 1, 5-4-99)

(a)

Historic landmark designation tax exemption:

(1)

Calculation of tax exemption. Any property which has been designated as a historic landmark, located within a district or outside a district, shall qualify for an exemption of city ad valorem taxes, provided that the historic landmark has been determined by the city council to be a historically or archaeologically significant site in need of tax relief to encourage its preservation. The tax exemption shall exempt from city ad valorem taxation any increase in the assessed value of the building/structure and the land necessary for access and use of the building/structure following the designation by the city council for a period of ten years.

a.

This tax incentive shall begin on the first day of the first tax year after verification of completion of the preservation required for certification.

b.

This tax incentive shall only be granted for properties where the value of the rehabilitation exceeds 30 percent of the assessed value of a building/structure.

c.

This tax incentive shall only be granted on historic landmark properties for the increase in the assessed value of a building/structure and the land necessary for access and use of the building/structure.

d.

A property, for which a building permit was issued on or after April 1, 1999, up until the time the Waco Historical Landmark Preservation Commission is sufficiently constituted to conduct meetings, is also eligible for the tax exemption set forth above, provided:

1.

The property is subsequently designated as a historic landmark and is subsequently determined by the city council to be a historically or archaeologically significant site in need of tax relief to encourage its preservation; and

2.

A certificate of appropriateness is subsequently issued for the alterations to the property for which the building permit was issued.

(2)

Application process. Any application for tax exemption shall be filed with the historic preservation officer. Each application shall contain sufficient documentation to support the information submitted therein. Each application shall be signed and sworn to by the owner of the property and shall:

a.

State the legal description and the address of the property proposed for certification;

b.

Provide proof of title in the application to the property proposed for certification;

c.

Provide proof that taxes or other assessments are not delinquent on the property;

d.

Include a complete set of final plans for the improvement;

e.

Include a statement of costs for the renovation and/or restoration and the assessed value of the building;

f.

Include a projection of the estimated construction time and predicted completion date;

g.

Include a detailed statement of the proposed use of the property;

h.

Provide any additional information to the commission which is necessary in determining eligibility or which the owner deems relevant or useful;

i.

Contain a written agreement to maintain, for the duration of the tax exemption, the certified property in accordance with the secretary of the interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and the building codes adopted by the city.

(3)

Certification process.

a.

Upon receipt of the sworn application, the historic landmark preservation commission shall make an investigation of the property and shall certify the facts to the director of planning of the city within 30 days along with the commission's documentation and recommendation for approval or disapproval of the tax exemption.

b.

Upon receipt of the application for a tax exemption, as well as the recommendation of the commission, the director of shall immediately forward the application to the city council and, within 30 days, the council shall approve or disapprove eligibility of the property for city ad valorem tax relief pursuant to this section. Approval or disapproval shall be provided in writing to the applicant. In determining eligibility, the city council shall first determine that all the requirements of this section have been met.

c.

No property shall be certified for tax exemption purposes until the applicant has filed a commitment to repay to the city all city taxes previously exempted if the owner is required to repay the taxes for noncompliance with this section as provided below. The commitment shall be filed in the McLennan County Deed Records and shall run with the land and bind the owner and the owner's heirs and assigns. Any unpaid repayment shall constitute a lien against the property.

d.

The application for certification may be processed concurrently with any application for a certificate of appropriateness which is required under section 28-1142 of this article.

(4)

Verification process. Upon completion of the project, the applicant shall submit a sworn statement of completion acknowledging that the "historically or archaeologically significant property" has been improved as required by the commission. The commission, upon receipt of the sworn statement of completion, but no later than 30 days thereafter, shall make an investigation of the property and shall verify that the property has been completed as required for certification. If verification of completion shall be deemed unfavorable, the applicant shall be required to complete the renovation and/or restoration in order to secure the tax exemption provided herein. If the verification of completion is favorable, the commission shall provide notification of compliance, in writing, to the chief appraiser of the McLennan County Appraisal District and the tax assessor-collector of McLennan County. Thereafter, the tax assessor-collector of McLennan County shall provide the property with the tax exemption provided for in section 28-1141(a).

(5)

Transferability of tax exemption. The benefits and liabilities of this city ad valorem tax incentive program are transferable and run with the property. A property may take advantage of the tax incentive program once. A copy of the certification must be filed by the property owner in the county deed records. Proof of the filing shall be presented to the historic preservation officer.

(b)

Building code: Any property which has been designated as a historic landmark, pursuant to the terms of this section, shall, upon designation, be subject to compliance with the building codes adopted by the city.

(c)

Permit fee refunds for preservation of historic property:

(1)

Eligibility for permit fee refund. When any historic landmark has been improved so as to be eligible for the tax exemption as provided in section 28-1141(c), the owner of such property shall be eligible for a full refund of any city building, electrical, mechanical, plumbing or sign permit fees which the owner paid for work on the project.

(2)

Application; permit fee refund. After the property has been improved so as to be eligible for a tax exemption, the owner may file with the department of planning and community development an application for refund of permit fees together with a copy of the certificate of the historic preservation commission showing that the property has been granted a tax exemption. Within 30 days after the department of planning and community development receives such application and verifies that the property owner is eligible for a refund as provided herein, the city shall refund the city, building, electrical, mechanical, plumbing or sign permit fees which were paid for work on the project. Such refund shall be made to the party who owns the property at the time of the refund.

(Ord. No. 1999-23, § 1, 5-4-99; Ord. No. 2004-0721, § 2, 12-7-04)

(a)

A property that has been requested and approved as a historic landmark, either within a historic district or outside a district, shall have established design guidelines regulating alteration or demolition of any building, structure, object or site located on the property. Each ordinance designating a property as a landmark shall expressly set forth any applicable design guidelines.

(b)

No person shall carry out any alteration, which is contrary to the design guidelines, except upon issuance of a certificate of appropriateness by the historic landmark preservation commission.

(c)

A building, structure, object or site located upon a property designated as a historic landmark shall not be demolished without approval of a certificate of appropriateness by the historic preservation commission. A permit for the demolition of a building, structure, object or site which has been designated as a historic landmark shall not be granted by the city building official without approval of a certificate of appropriateness by the historic landmark preservation commission, as provided for in section 28-1143 of the article.

(Ord. No. 1999-23, § 1, 5-4-99)

(a)

A certificate of appropriateness shall be required prior to any of the following actions being undertaken on a designated historic landmark:

(1)

Any work on the exterior of the structure, enlargement, demolition or building removal requiring the issuance of a building permit.

(2)

Installation of signs requiring the issuance of permits.

(3)

Miscellaneous exterior alteration and changes to buildings not requiring a permit from the building official and including:

a.

Change of exterior by painting or other similar finish work.

b.

Installation of siding.

c.

Window treatment, including but not limited to window replacements and awnings supported by an exterior wall.

d.

Installation of permanent business or identification signs.

(b)

Certificate of appropriateness is not required in the following instances:

(1)

Ordinary maintenance or repair where no building permit is required under the City of Waco Code of Ordinances.

(2)

Work that is not identified in section 28-1143(a) above.

(Ord. No. 1999-23, § 1, 5-4-99)

The "Secretary of the Interior's Standards" shall be made available to the property owners of historic landmarks and shall guide the historic landmark preservation commission in considering an application for a certificate of appropriateness:

(1)

A property will be used as it was historically or be given a new use that requires minimal change; that reflects the property's restoration period; or that maximizes the retention of distinctive materials, features, spaces, and spatial relationships. Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken.

(2)

The historic character of a property, or of materials and features from the restoration period, will be retained and preserved. The removal of distinctive materials; the replacement of intact or repairable historic materials; or the alteration of features, spaces, and spatial relationships that characterize property will be avoided and will not be undertaken.

(3)

Each property will be recognized as a physical record of its time, place and use. Work needed to stabilize, consolidate, and conserve existing historic materials and features, or materials and features from the restoration period, will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties or by combining features that never existed together historically will not be undertaken.

(4)

Changes to a property that have acquired historic significance in their own right will be retained and preserved. Materials, features, spaces and finishes that characterize other historical periods will be documented prior to their alteration or removal.

(5)

Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property, or the restoration period, will be preserved.

(6)

The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Deteriorated historic features, or features from the restoration period, will be repaired rather than replaced. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material or feature will match the old in composition, design, color, texture and, where possible, materials. Replacement of missing features, or missing features from the restoration period, will be substantiated by documentary and physical evidence.

(7)

Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

(8)

Archeological resources, including those affected by a project, will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

(9)

New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale, and proportion, and massing to protect the integrity of the property and its environment.

(10)

New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(11)

Designs that were never executed historically will not be constructed.

(12)

Reconstruction will be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture and such reconstruction is essential to the public understanding of the property.

(13)

Reconstruction of a landscape, building, structure or object in its historic location will be preceded by a thorough archaeological investigation to identify and evaluate those features and artifacts which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken.

(14)

Reconstruction will include measures to preserve any remaining historic materials, features, and spatial relationships.

(15)

Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. a reconstructed property will re-create the appearance of the non-surviving historic property in materials, design, color and texture.

(16)

A reconstruction will be clearly identified as a contemporary re-creation.

(Ord. No. 1999-23, § 1, 5-4-99)

(a)

Prior to the commencement of any work requiring a certificate of appropriateness the owner shall file an application for such a certificate with the historic preservation commission. The application shall contain:

(1)

Name, address, telephone number of applicant.

(2)

Detailed description of proposed work.

(3)

Location and photographs of the property and adjacent properties. Submission of historical photographs of the property is also encouraged.

(4)

Elevation drawings of the proposed changes, if available.

(5)

Samples of materials 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 location of the sign on the property.

(7)

Any other information which the historic landmark preservation commission may deem necessary in order to visualize the proposed work.

(8)

Any other information applicable to the designated property.

(b)

The historic landmark preservation commission may refuse to accept any application which is incomplete for failure to include the requisite information.

(c)

No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the historic landmark preservation commission. The certificate of appropriateness required by this act 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 Waco.

(d)

The historic landmark preservation commission shall review the application at a regularly scheduled meeting within 60 days from the date the complete application is accepted by the preservation officer. The applicant shall be given an opportunity to be heard at the meeting. Both the applicant and the historic preservation officer shall be entitled to one continuance for a reasonable time not to exceed 30 days. The application shall be approved, denied, or approved with modifications within 45 days after the review meeting, unless a continuance is granted, or the application thereof shall be deemed approved.

(e)

All rulings of the historic landmark preservation commission shall be in writing. The commission's decision shall state its reasons and/or findings of fact pertaining to its determination of the application. A copy shall be sent to the applicant by certified mail, return receipt requested. Additional copies shall be distributed to appropriate city departments.

(f)

Appeal procedures:

(1)

Motion for rehearing.

a.

An applicant who is dissatisfied with the ruling of the historic landmark preservation commission on the application for a certificate of appropriateness may file a motion for rehearing before the commission. Such a motion must be filed with the commission within 30 days of the commission's ruling. The only grounds for rehearing which will be considered by the commission are new evidence or economic hardship.

b.

If the commission decides that the applicant has new evidence which might warrant a different ruling on the application, then it may hear the new evidence and reconsider its previous ruling. In the event the commission does not act on the motion within 30 days from the date the motion is filed, the application for a certificate of appropriateness shall be deemed approved.

(2)

Appeal to city council. An applicant who is dissatisfied with the ruling of the historic landmark preservation commission on the application for a certificate of appropriateness, or upon the applicant's motion for rehearing before the historic landmark preservation commission, shall have the right of appeal to the city council. Any applicant may appeal to the city council at the next regular meeting of the city council; provided however, the applicant must file notice of appeal with the city manager at least seven days before the next scheduled city council Meeting. The city council shall review the application and approve or disapprove the same within 45 days from the applicant's filing of notice. Should the council fail to approve or disapprove the application within such 45-day period, the application shall be deemed approved.

(g)

Resubmission of application:

(1)

An application for a certificate of appropriateness which has been denied may not be resubmitted before the expiration of 12 months from the date the denial becomes final. A denial becomes final when any of the following conditions are met:

a.

On the day which the commission issued its written ruling on the application if no motion for rehearing or notice of appeal to the city council is filed within the time periods prescribed.

b.

On the day which the commission issued its written ruling on a motion for rehearing if no notice of appeal to the city council is filed within the time periods prescribed.

c.

On the day following a ruling on the appeal to the city council.

(2)

If the applicant withdraws the application five days or more prior to the commencement of the hearing upon the application, then the application may be resubmitted after the expiration of three months from the date of withdrawal. The application for withdrawal must be in writing and filed with the historic landmark preservation commission five days or more prior to the date set for hearing of the application.

(3)

If the applicant withdraws the application less than five days prior to the commencement of the hearing, or at any later time prior to the ruling upon the application, then the application may be resubmitted after the expiration of six months from the date of withdrawal. The application for withdrawal must be in writing and filed with the historic preservation commission.

(Ord. No. 1999-23, § 1, 5-4-99)

(a)

After receiving written notification from the historic preservation commission of the denial of a certificate of appropriateness, an applicant may file a motion for rehearing, pursuant to 28-1145(f)(1) of this article, alleging economic hardship as a basis for granting the certificate of appropriateness. No building permit or demolition permit shall be issued unless the historic landmark preservation commission makes a finding that hardship exists.

(b)

When a claim of economic hardship is made concerning property used for nonresidential purposes the owner must prove, by a preponderance of the evidence, that:

(1)

The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

(2)

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;

(3)

Good faith efforts to find a purchaser interested in acquiring the property at fair market value and preserving it have failed; and

(4)

The applicant has consulted in good faith with the historic preservation commission, local preservation groups and interested parties, if any, in a diligent effort to seek an alternative that would result in preservation of the property.

(c)

When a claim of economic hardship is made concerning property used for residential purposes or for open farms or open lands, the owner must prove, by a preponderance of the evidence, that:

(1)

Good faith efforts to find a purchaser interested in acquiring the property at fair market value, and preserving it have failed; and

(2)

The applicant has consulted in good faith with the historic landmark preservation commission, local preservation groups and interested parties, if any, in a diligent effort to seek an alternative that would result in preservation of the property.

(Ord. No. 1999-23, § 1, 5-4-99)

(a)

Monitoring system: The status of historic landmarks will be monitored by city inspectors, in consultation with the historic preservation officer, on an annual basis to ensure continued compliance with the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" or to ensure against demolition by neglect as stated in section 28-1149. Property owners will be notified of any violations noted by the city inspectors or the historic preservation officer. If satisfactory corrective measures are not undertaken within the time specified in the letter of notification of violations, procedures to terminate the tax exemption and require payment of the city tax revenues will be initiated.

(b)

All work performed pursuant to a certificate of appropriateness issued under this article shall conform to any requirements included therein. It shall be the duty of the city building official, in consultation with the historic preservation officer, to inspect periodically any such work to assure compliance. In the event work under section 28-1143(a) is being performed without a certificate of appropriateness, or is not being performed in accordance with a certificate of appropriateness, or upon notification of such fact by the historic preservation commission and verification by the city building official, the city building official 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 order is in effect.

(c)

Alteration or destruction.

(1)

If the historic preservation officer, has reason to believe that a historically or archaeologically significant property, that has been granted a tax exemption, has been altered, or totally or partially destroyed, by the willful act or negligence of the owner or the owner's representative, the officer, shall immediately cause the matter to be scheduled for the earliest possible consideration by the city council, which shall be no later than 30 days after the alleged violation has been noted. If, after giving notice and hearing to the owner, the city council determines that the historic landmark has been altered, or totally or partially destroyed, by the willful act or negligence of the owner or the owner's representative, the owner shall immediately pay to the city, in addition to any other fines or penalties for violation of this ordinance, all of the city tax revenues that were not paid because of the tax exemption, plus interest calculated at the maximum rate allowable by law.

(2)

Where a historic landmark is altered, or totally or partly destroyed, by other than the willful act or negligence of the owner or the owner's representative, the owner shall, within 30 days after the alteration or destruction, request a demolition permit when repair is not feasible, or request a building permit and reconstruct the historic landmark within a reasonable period as determined by the historic preservation officer in accordance with the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," the construction codes of the City of Waco, and the Standard Building Code, Chapter 1, Section 101.6. The determination as to whether renovation is feasible shall be made by the same procedure required to be followed in obtaining a certificate of appropriateness and a building or demolition permit. In cases where a demolition permit is issued by the city because renovation is not feasible, repayment of the previously exempted city taxes is not required.

(Ord. No. 1999-23, § 1, 5-4-99)

(a)

Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any building, structure, object or site located on a property designated as a historic landmark or on a property proposed for such designation.

(b)

If a building, structure, object, or site located on a property designated as a historic landmark or on a property proposed for such designation is damaged and the city building official, in consultation with the historic preservation officer, determines that the property will suffer additional damage without immediate repair, the city building official may allow the property owner temporarily to protect the property. In such a case, the owner shall apply for a certificate of appropriateness within ten days of the occurrence which caused the damage. The protection authorized under this section must not permanently alter the historical, cultural, architectural, archaeological, paleontological, or natural features of the property.

(Ord. No. 1999-23, § 1, 5-4-99)

(a)

No owner or person with an interest in real property designated as a landmark shall permit the property to fall into a serious state of disrepair so as to result in deterioration which would, in the judgment of the historic preservation commission, produce a detrimental effect upon the life and character of the property itself.

(b)

Examples of such deterioration include, but are not limited to, the following:

(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 exterior walls, fences, doors, windows, or other means of interior access, so as to create a danger of trespassing; or

(7)

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.

(c)

Upon identification of any property in possible violation of this section, the historic preservation officer shall notify the owner, or person with an interest in the real property, of the possible violation. Such notification shall be in writing and be mailed by certified mail, return receipt requested. The notification shall state the nature of the possible violation with sufficient specificity to enable the owner, or person with an interest in the real property, to bring the property into compliance with this section. The notification shall also state that the owner, or person with an interest in the real property, shall have 60 days to bring the property into compliance with this section, otherwise the historic preservation officer will seek enforcement of this section under the provisions of section 28-11 of the City of Waco Code of Ordinances. After the expiration of the 60-day grace period, if, in judgment of the historic preservation officer, the property is still not in compliance with this section, enforcement proceedings shall begin under section 28-11 of the City of Waco Code of Ordinances. If the owner, or person with an interest in the real property, files an application for certificate of appropriateness then the procedures and timetable of section 28-1143 shall apply after the filing of such application.

(Ord. No. 1999-23, § 1, 5-4-99)

(a)

The building official shall consult with the historic preservation officer within 72 hours of the receipt of an application for a demolition permit to determine the eligibility of the subject property for designation as a historic landmark.

(b)

The issuing of a demolition permit shall be delayed for up to 90 days from the date of receipt of an application (see insert) for a property considered to be eligible for designation as a historic landmark as described in section 28-1139(b) of this article.

(c)

During this 90-day delay, the historic preservation officer shall work with the historic landmark preservation commission to notify all potentially interested parties of the pending demolition in order to allow such parties to take whatever steps they deem appropriate to accomplish the preservation of the subject property. The 90-day delay may be extended for good cause by the historic landmark preservation commission for an additional 90 days, but in no event shall the total extension be for more than 180 days.

(d)

If it is determined by the building official in consultation with the historic preservation officer that a property poses an immediate threat to the public health and safety, this determination shall be reported to the city manager who may instruct the building official to issue a demolition permit without delay.

(Ord. No. 1999-23, § 1, 5-4-99)