A. 
Establishment.
The Planning and Zoning Commission of the City of Sanger (hereinafter the Commission), established May 3, 1976, by Ordinance No. 76-4, City of Sanger, Texas, is hereby continued in existence.
B. 
Membership.
The Commission shall consist of seven (7) members who shall be resident citizens and qualified voters of the City.
1. 
Appointment and Term.
Members are appointed by the mayor, subject to confirmation by the City Council, for staggered terms of two (2) years respectfully, with terms starting on July 1 of the year of appointment. Each member may be reappointed to serve no more than three (3) successive terms of office for a total of six (6) years, subject to approval by the City Council. Members shall be identified by place numbers one (1) through seven (7). Even-numbered places shall expire in even-numbered years; odd-numbered places shall expire in odd-numbered years. Newly appointed members shall be installed at the first regular Commission meeting after being appointed.
2. 
Vacancies.
In case of death, resignation, disqualification, removal, or otherwise, vacancies shall be filled for the unexpired term by appointment of the mayor subject to confirmation by the City Council. All expired terms shall be filled in the same manner as the original appointments.
3. 
Alternates.
The City Council may appoint four (4) alternate members of the Commission to serve in the absence of one or more regular members when requested to do so by the Director of Development Services. Alternate member terms and vacancies shall be filled and alternate member removals shall be made in the same manner as regular members.
4. 
Removal.
Members of the Commission may be removed by the mayor, subject to consent of the City Council. Prior to such action, good cause, demonstrated in writing, shall be provided to the member in question.
5. 
Compensation.
Members of the Commission shall serve without compensation.
6. 
Chair and Vice-Chair.
The Commission shall elect a chairman and a vice-chairman from its membership. The chairman shall call and preside over all meetings of the Commission, and the vice-chairman shall perform all duties of the chairman in his or her absence.
(A) 
The Chair and Vice-Chair serve a term of two (2) years or until his or her successor is elected.
C. 
Bylaws.
The Commission shall have the power to make rules, regulations and bylaws for its own government, which rules shall conform as nearly as possible to the rules governing the City Council; provided, however, that such rules shall be subject to approval by the City Council. Such bylaws shall include, without limitation, provisions for the following:
1. 
Election, term of office, duties and removal of officers of the Commission;
2. 
Method of calling and conducting regular and special meetings all of which shall be open to the public;
3. 
Keeping records of its proceedings, all of which shall be open to the public; and
4. 
Reporting to the City Council and the public of its recommendations and activities.
D. 
Technical Support.
The Commission shall further have the authority to employ such qualified persons as may be necessary for the proper conduct of its undertakings, and to pay for the services of such persons and other necessary expenses; provided, however, that the cost of such services and expenses shall not exceed the amount appropriated by the City Council for the use of the Commission.
E. 
Powers and Duties.
The Commission shall have the power and the duty to make and recommend for adoption a master plan, as a whole or in parts, for the future development and redevelopment of the City and all land under its control, and it shall further be its duty to prepare a comprehensive plan and ordinance for zoning the City in accordance with the law. The Commission shall further perform such other duties as may be prescribed by state law.
(Ordinance 06-12-25 adopted 6/16/2025)
A. 
Establishment.
A Board of Adjustment (hereinafter the Board) is hereby established in accordance with the provisions of Section 211.008 of the Texas Local Government Code, regarding the zoning of cities and with the powers and duties as provided in said statutes.
B. 
Membership.
The Board shall consist of seven (7) members who shall be resident citizens and qualified voters of the City.
1. 
Appointment and Term.
Members are appointed or reappointed by the City Council for staggered terms of two (2) years respectfully, with terms starting on July 1 on the year of appointment. Members shall be identified by place numbers one (1) through seven (7). Even-numbered places shall expire in even-numbered years; odd-numbered places shall expire in odd-numbered years. Newly appointed members shall be installed at the first regular Board meeting after being appointed.
2. 
Vacancies.
In case of death, resignation, disqualification, removal, or otherwise, vacancies shall be filled for the unexpired term by appointment of the City Council. All expired terms shall be filled in the same manner as the original appointments.
3. 
Alternates.
The City Council may appoint four (4) alternate members of the Board to serve in the absence of one or more regular members when requested to do so by the Director of Development services. Alternate members of the Board shall be identified by place numbers one (1) through four (4) and terms shall expire and any vacancies shall be filled and alternate members removed in the same manner as regular members.
4. 
Removal.
Members of the Board may be removed by the City Council. Prior to such action, good cause, demonstrated in writing, shall be provided to the member in question, and a public hearing of the City Council shall be held.
5. 
Compensation.
Members of the Board shall serve without compensation.
6. 
Chair and Vice-Chair.
The Board shall elect a chairman and a vice-chairman from its membership. The chairman shall call and preside over all meetings of the Board, and the vice-chairman shall perform all duties of the chairman in his or her absence.
(A) 
The Chair and Vice-Chair shall serve a term of two (2) years or until his or her successor is elected.
C. 
Rules and Regulations.
The Board shall adopt rules and regulations and keep minutes of its proceedings, showing the vote of each member. The board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the ordinance and shall furnish a copy of the same to the building inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.
All proceedings of the Board shall be a public record, and all meetings shall be open to the public, except as specified by state law.
D. 
Meetings.
Meetings of the Board shall be held at the call of the chairman, upon written petition of three (3) regular members of the Board; and at such other times as called to take action on variance applications. The chairman or acting chairman may administer oaths and compel the attendance of witnesses. All meetings, hearings or proceedings shall be heard by at least six (6) members or alternate members of the Board.
E. 
Appeals.
1. 
Procedure.
Any person aggrieved, or any officer, department, board, or bureau of the City, may appeal to the Board of Adjustment. Such appeal shall be submitted in writing and shall specify the grounds for the appeal thereof. The office or department from which the appeal is taken shall promptly transmit all minutes constituting the record upon which the action appealed from was taken to the Board of Adjustment.
2. 
Stay of Proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Board of Adjustment that by reason of facts in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of equity, after notice to the office from whom the appeal is taken and on due cause shown.
3. 
Notice of Hearing on per.
The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within two hundred (200) feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the Board to be affected thereby. Such owners and persons shall be determined according to the current tax rolls of the City. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.
4. 
Decision by Board.
The Board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The Board may reverse or affirm wholly or partly or may modify the order, requirements, decisions or determination as in its opinion ought to be made in the premises and to that end shall have all powers of the officer or department from whom the appeal is taken.
5. 
Vote Necessary to Revise Order.
The concurring vote of four (4) members of the board shall be necessary to revise any order, requirement, decision or determination of any such administrative official or to decide in favor of the application on any matter upon which it is required to pass under this ordinance or to affect any variance in said ordinance.
F. 
Powers and Duties of Board.
1. 
Subpoena Witnesses, Etc.
The Board shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents, under such regulations as it may establish.
2. 
Appeals Based on Error.
The Board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this ordinance. Except as otherwise provided herein, the Board shall have, in addition, the following specific powers:
(A) 
To permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the Master Plan and present no conflict or nuisance to adjacent properties.
(B) 
To permit a public utility or public service or structure in any district, or a public utility of public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.
(C) 
To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this ordinance.
(D) 
To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than sixty (60) percent of its fair market value, where the Board finds some compelling necessity requiring a continuance of the nonconforming use.
(E) 
To waive or reduce the parking and loading requirements in any of the districts, when (i) the character of use of the building is such as to make unnecessary the full provision of parking or loading facilities; or (ii) when such regulations would impose an unreasonable hardship upon the use of the lot. The Board shall not waive or reduce such requirements merely to the purpose of granting an advantage or a convenience.
3. 
Variances.
An application or request for a variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which a concept plan, detail site plan or development plan, preliminary plat or final plat required by this ordinance has not been finally acted upon by the Planning and Zoning Commission. If the site plan or plat application is dependent on the granting of a variance by the Board, the application may only be approved on condition that the variance is granted. All administrative procedures and requirements of this ordinance, regarding Planning and Zoning Commission consideration and action, applicable to concept plans, detail site plans, preliminary plats and final plats must be exhausted prior to requesting a variance from the terms of this ordinance.
(A) 
The Board shall have the power to authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship as determined by the criteria identified in Section 211.009 of the Texas Local Government Code, and so that the spirit of this ordinance shall be observed and substantial justice done. In executing its power to grant such variances, the Board may:
(i) 
Permit a variance in the requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare; and
(ii) 
Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this ordinance relating to the construction or alterations of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this ordinance as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the standards or regulations established by this ordinance and at the same time, the surrounding property will be properly protected.
(B) 
A written application for Variance shall be submitted together with the fee as required by the fee schedule found in Appendix A of this Code.
(C) 
Accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating: (i), (ii), (iii), (iv), and (v).
(i) 
That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district;
(ii) 
That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;
(iii) 
That the special conditions and circumstances do not result from the actions of the applicant;
(iv) 
That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures or buildings in the same district; and
(v) 
No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
4. 
Changes.
The Board shall have no authority to change any provisions of this ordinance and its jurisdiction is limited to time. The Board may not change the district designation of any land either to a more restrictive or less restrictive zone.
(Ordinance 06-12-25 adopted 6/16/2025)
A. 
Establishment.
There is hereby created a Historic Preservation Commission for historic districts and landmarks, hereinafter called the Commission.
B. 
Membership.
The Commission shall consist of seven (7) members.
1. 
Appointment and Term.
Members are appointed by the City Council for staggered terms of two (2) years respectfully, with terms starting on July 1 of the year of appointment. Each member may be reappointed to successive terms of office, subject to approval by the City Council. Members shall be identified by place numbers one (1) through seven (7). Initial members shall draw for four (4) one-year terms and three (3) two-year terms. Even-numbered places shall expire in even-numbered years; odd-numbered places shall expire in odd-numbered years. Newly appointed members shall be installed at the first regular Commission meeting after being appointed.
2. 
Qualifications.
To the extent possible, the City Council shall appoint members to the Commission who have background in architecture, urban design, history, or other related professions. At least one (1) member shall be the owner of a property eligible for historic landmark designation or within a historic district.
3. 
Vacancies.
In case of death, resignation, disqualification, removal, or otherwise, vacancies shall be filled for the unexpired term by appointment of the City Council. All expired terms shall be filled in the same manner as the original appointments.
4. 
Removal.
Members of the Commission may be removed by the City Council for continued absence from regular meetings of the Commission.
5. 
Chair and Vice-Chair of the Commission.
The Chair and Vice-Chair of the Commission shall be elected by a majority of the members of the Commission for a term of one (1) year after new appointments to the Commission are made each July. The chairman shall call and preside over all meetings of the Commission, and the vice-chairman shall perform all duties of the chairman in his or her absence.
C. 
Functions of Commission.
The Historic Preservation Commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the City which may be eligible for designation as historic landmarks. The Commission shall act in an advisory capacity on all historic matters that come before the City. It shall be the function of the Commission to advise the Building Official concerning all applications for permits in the historic districts and historic landmarks.
1. 
Additional Duties.
(A) 
The Commission shall make an annual report to the City Council on the state of historic preservation in the City and shall include in the report a summary of its activities for the past year and a proposed program for the next year.
(B) 
The Commission shall have the further responsibility of recommending to the City Council and Planning and Zoning Commission, the adoption of policies, the sources of funds, and designation of districts and landmarks that may further the City's preservation effort.
(C) 
The Commission shall provide recommendations to the Planning and Zoning Commission and City Council concerning the establishment of City policies, approvals of projects, designations of additional historic districts, changes in historic district boundaries, designations of historic landmarks and any other project or efforts which might affect a designated historic landmark or historic district.
(D) 
The Commission shall, with staff advice and support, determine a suitable emblem for marking buildings, structures, and sites within historic districts and for designated landmarks, both public and private. This emblem shall be submitted for approval to the Texas Historical Commission and then recommended for approval to the City Council, along with a list of locations and sites and estimates as to cost, for approval by the City Council.
D. 
Meetings.
The Commission shall meet at regular intervals with advance notice posted according to the Texas Open Meeting Law. Additionally, meetings may be called upon request of the Chairman, or upon written request of three (3) members, or upon notice from the City Secretary that a matter requires the consideration of the Commission. Upon the filing of an application for a building permit in a historic district, or historic landmark, the Commission shall hold a hearing within fourteen (14) days after the date of filing of such application. The Commission shall take final action on the application within thirty (30) days of the filing of said application. If action thereon is not taken within thirty (30) days after the date of filing of such application, it shall be deemed to have been recommended for approval and a certificate showing the filing date and the failure to take action on the application within thirty (30) days shall be issued by the Commission on demand. The applicant may withdraw the application before the thirty (30) day period expires and may resubmit it at a later time if additional time is required for the preparation of information or for research required by the Commission.
E. 
Majority and Voting Requirements.
A majority of the members shall be 5 to constitute a quorum, and action taken at a meeting shall require the affirmative vote of a majority of the appointive members in attendance.
F. 
Criteria to be used by Commission in determining its recommendation for Designation.
The City Council may from time to time designate certain places in the City as historic landmarks. The City Council may designate buildings, structures, sites, districts, areas and lands in the City as historic landmarks and define, amend and delineate the boundaries thereof. The suffix "H" shall indicate the zoning designation of those buildings, structures, sites, districts, areas and lands which the City Council designates as historic landmarks. Such designation shall be in addition to any other use designation established in this chapter. The zoning map shall reflect the designation of an historic landmark by the letter "H" as a suffix to any other use designation established by this chapter.
1. 
Designation.
In designating historic landmarks, the City Council shall follow these procedures with recommendation by the Historic Preservation Commission and Planning and Zoning Commission. All designations must meet all requirements under Section 211.0165 of the Texas Local Government Code, as amended from time to time, or subsequent Texas statute replacing Section 211.0165 of the Texas Local Government Code. In making the designations, the City Council shall consider but shall not be limited to one (1) or more of the following criteria:
(A) 
Character, interest or value as part of the development, heritage or cultural characteristics of the City, state or the United States;
(B) 
Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places;
(C) 
Embodiment of distinguishing characteristics of an architectural type or specimen;
(D) 
Identification as the work of an architect or master builder whose individual work has influenced the development of the City;
(E) 
Embodiment of elements of architectural design, detail, material or craftsmanship which represent a significant architectural innovation;
(F) 
Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif;
(G) 
Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style;
(H) 
Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest;
(I) 
Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, state, or United States;
(J) 
Location as the site of a significant historic event;
(K) 
Identification with a person who significantly contributed to the culture and development of the City, state or United States;
(L) 
A building or structure that because of its location has become of value to a neighborhood, community area or the City;
(M) 
Value as an aspect of community sentiment or public pride.
2. 
Signature Requirements for Property Owner-Initiated Designations.
Application for designation of a historic landmark shall require the signatures of all owners of the property, or their authorized agents.
3. 
Property Owner Consent Requirements for City-Initiated Designations.
The Historic Preservation Commission or Planning and Zoning Commission may recommend to the City Council an application be submitted to designate any property, structure, site, or district within the incorporated limits of the City of Sanger as a historic landmark designation. The City Council may, on its own motion, direct City staff to initiate designation proceedings. Upon approval of such motion, the Building Officer shall prepare a historic landmark designation petition on behalf of the City of Sanger.
(A) 
Pursuant to Section 211.0165 of the Texas Local Government Code, City-initiated designation of a historic landmark shall require:
(i) 
Written consent of all property owners within the boundaries of the proposed designation, which may be withdrawn at any time in the process; or
(ii) 
A three-fourths vote of approval by the Historic Preservation Commission, a review by the Planning and Zoning Commission, and a three-fourths vote of approval by the City Council.
4. 
Historic Landmark Designation Impact Statement.
At least fifteen (15) calendar days prior to the public hearing of the Historic Preservation Commission for designation of a historic landmark, City staff shall provide the property owner(s) with a Historic Landmark Designation Impact Statement that includes:
(A) 
Regulations that are authorized to be applied to the historic landmark after the designation;
(B) 
Procedures for the designation;
(C) 
Tax benefits that are authorized to be applied to the historic landmark after the designation, if any; and
(D) 
Rehabilitation or repair programs offered by the City of Sanger for a historic landmark, if any.
5. 
Review and Recommendation by the Historic Preservation Commission.
Upon staff's acceptance or completion of an application, the Building Officer shall schedule a public hearing at the next practicable Historic Preservation Commission meeting. At least ten (10) calendar days prior to the Historic Preservation Commission meeting, a written courtesy notice of the public hearing shall be sent to all owners of real property within five hundred (500) feet of the property or properties on which the designation is proposed. The Historic Preservation Commission shall make a recommendation to the Planning and Zoning Commission as to whether or not the property, district, or site is eligible for historic landmark designation according to the criteria in subsection D.1 [F.1] of this section and the merits of the application.
6. 
Review and Recommendation by the Planning and Zoning Commission.
Upon receiving a recommendation by the Historic Preservation Commission, the matter shall be scheduled by City staff for a public hearing before the Planning and Zoning Commission. The matter shall proceed in the same manner as that required to amend, repeal, or alter the zoning on a tract or parcel of land under Article III, Section 18 as it relates to specific uses. The Planning and Zoning Commission will consider the criteria for designation specified in the Zoning Ordinance.
7. 
Decision by the City Council.
The matter shall proceed in the same manner and in the same instances as that required to amend, repeal, or alter the zoning on a tract or parcel of land as specified in this article, except for the procedural requirements in subsection F.3 of this section. After all notice requirements of state zoning statutes have been complied with and all required public hearings conducted pursuant to said state statutes and upon receipt of the Historic Preservation and Planning and Zoning Commission recommendations, the City Council may designate the building, land, area or district with the "H" suffix. Such designation shall be in addition to any other zoning district designation established in the Zoning Ordinance. If the City Council does not approve the designation, the procedure for successive applications for petitions for the amendment of the Zoning Ordinance for a particular tract of property shall apply.
8. 
Decision Recordation.
Upon passage by the City Council of an ordinance designating property as "H," the City Secretary shall file a copy of the ordinance with the appropriate county clerk, in accordance with state law, and the appropriate county tax assessor, and, together with a written notice briefly stating the fact of the designation, shall send a copy of such notice by certified mail to the owner of the affected property.
9. 
Amendment or Removal.
The same application and procedure that is followed for the designation of a historic landmark shall apply for amendment or removal of the designation, except:
(A) 
The Historic Preservation Commission or the Building Official may initiate amendments to a historic landmark ordinance without a motion from the City Council as described in subsection [F.3] above.
10. 
Hearings and Notice.
(A) 
The City Planning and Zoning Commission shall hold public hearings as provided for in V.T.C.A., Local Government Code § 211.007 to consider any historic landmark designation ordinance after receiving a recommendation from the Historic Preservation Commission. The notices provided for in V.T.C.A., Local Government Code § 211.007 shall be sent to all owners of property which is proposed for "H" designation as well as to the adjoining property owners specified in such article.
(B) 
Within thirty (30) days after the hearing, the City Planning and Zoning Commission shall set forth in writing its recommendation, including the findings of fact that constitute the basis for its decision, and shall transmit its recommendation concerning the proposed ordinance to the City Council along with the recommendation of the commission.
(C) 
Any notice required to be given under this subchapter, if not actually delivered, shall be given by depositing the notice in the United States mail, postage prepaid, addressed to the person or entity to whom such notice is to be given at his last known address. When notice is required to be given to an owner of property, such notice, delivered or mailed by certified or registered mail, may be addressed to such owner who has rendered his property for city taxes as the ownership appears on the last approved city tax roll.
(D) 
Upon passage of any historic district or historic landmark designation ordinance, the City Secretary shall send a notice of the fact of the designation to the owner or owners of affected property by mail.
G. 
Existing uses.
Nothing contained in this Section or in the designation of property as being in a historic district or historic landmark shall affect the present legal use of property. Use classifications as to all property which may be included in a historic district or historic landmark shall continue to be governed by the general zoning provisions of this and the procedures therein established. In no case, however, shall any use be permitted which requires the demolition, razing, remodeling, or alteration of any buildings or structures in such a historic district or historic landmark so as to adversely affect the character of the district or historic landmark, except upon compliance with the terms of this Section.
H. 
Role of Building Official.
1. 
Construction, Reconstruction, Alteration, Restoration, or Relocation Procedure.
The Building Official shall not take action upon a permit for any construction, reconstruction, alteration, restoration, or relocation of a building or signs in the historic district or historic landmark until he has received a recommendation from the Commission or certificate from the Commission showing failure to take action as provided in Subsection D. of this Section. Upon receipt of an application for a permit in the historic district or historic landmark, the Building Official shall act in accordance with the procedures presently being followed in that office except as those procedures are necessarily modified by the following requirements:
(A) 
Building Official shall forward to the Commission a copy of the application for a building permit, together with a copy of the plot plan and the building plans and specifications filed by the applicant.
(B) 
Building Official shall maintain in his office a record of all such applications and of his handling and final disposition of the same, which shall be in addition to and appropriately cross-referenced to his other records.
(C) 
Building Official shall require applicants to submit a sufficient number of additional copies of material required to be attached to an application for a building permit in compliance with the foregoing.
2. 
Demolition Procedure.
Notwithstanding any other provision of this Section, any property owner who desires to effect complete demolition of any entire structure on his property theretofore classified pursuant to the terms of this Section as, or part of, a historic district or historic landmark, shall give written notice to the Building Official of his intention to effect such demolition. One hundred twenty (120) days after the giving of such notice, the property owner shall be entitled to receive a permit for such demolition, provided the application complies otherwise with this and the Building Code.
3. 
Standards to be applied.
The same criteria considered by the Commission as set forth in this Section shall be applied by the Building Official in arriving at his determination as to issuance or denial of the permit.
4. 
Historic District.
In determining the recommendation to be presented to the Building Official concerning the issuing of a permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of all or part of any building within the historic district, the Commission shall consider the following matters:
(A) 
The effect of the proposed change upon the general historic, cultural, and architectural nature of the district.
(B) 
The appropriateness of exterior architectural features, including parking and loading spaces, which can be seen from a public street, alley, or walkway.
(C) 
The general design, arrangement, texture, material, and color of the building or structure and the relation of such factors to similar features of buildings or structures in the district. The criterion shall not be the aesthetic appeal to the Commission of the structure or the proposed remodeling but rather its conformity to the general character of the particular historic area involved.
(D) 
Signs which are not consistent with the character of the historic district in question shall not be permitted.
(E) 
The value of the historic district as an area of unique interest and character shall not be impaired.
5. 
Historic Landmarks.
In determining the recommendation to be presented to the Building Official administration concerning the issuing of a permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of all or part of any designated historic landmark, the Commission shall consider those considerations which gave rise to the original request for the designation of the place as a historic landmark as well as the following matters:
(A) 
The effect of the proposed change upon the historic, architectural, or cultural nature of the landmark.
(B) 
The appropriateness of exterior architectural features, including parking and loading spaces, which can be seen from a public street, alley, or walkway.
(C) 
The general design, arrangement, texture, material, and color of the building or structure site and the similarity, contrast, or other relation of such factors to other landmarks built at or during the same period, as well as the uniqueness of such features, considering the remaining examples of architectural, historical, and cultural values.
(D) 
Signs which are not consistent with the character of the historic landmark shall not be permitted.
(E) 
The value of the historic landmark as a place of unique interest or character shall not be impaired.
I. 
Commission Action Concerning Application for Permit.
1. 
Meetings of the Commission.
(A) 
Upon receipt from the Building Official by the Commission of the application for a building permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of a building or buildings in this historic district or historic landmark, the Commission shall schedule a meeting to consider the recommendation which the Commission will give to the Building Official. The person applying for the permit shall be advised of the time and place of said meeting and invited to appear to explain his reasons. The Commission may invite such other persons or groups as it desires to attend its meetings. The Commission may hold any additional meetings it considers necessary to carry out its responsibilities as enumerated in this Section.
(B) 
The Commission, after the meeting in accordance with this Section and after the making of any changes in the plans and specifications as provided in this Section, shall submit to the Building Official, in writing, its recommendation concerning the issuance of a permit for the construction, reconstruction, alteration, restoration, relocation, demolition or razing of all or a part of any building within the historic district or historic landmark. The written report shall include the opinion and recommendation of the Commission as stated in subsections vii and viii of this section and may include all or any part of the matters stated in subsections i. through vi. of this section.
(i) 
The exact location of the area or place in which the work is to be done.
(ii) 
The exterior changes to be made or the exterior character of the structure to be erected.
(iii) 
A list of surrounding structures with their general exterior characteristics.
(iv) 
The effect of the proposed change upon the general historic and architectural nature of the district or landmark.
(v) 
The appropriateness of exterior architectural features which can be seen from a public street, alley, trail, or walkway.
(vi) 
The general design, arrangement, texture, material, and color of the building or structure and the relation of such factors to similar features of buildings or structures in a district, or to the general period of construction in a district or landmark.
(vii) 
The opinion of the Commission, including any dissent, as to the appropriateness of the work proposed as it will preserve or destroy the historic aspect and nature of the district or landmark.
(viii) 
The specific recommendation of the Commission.
2. 
Action by the Building Official.
The recommendation of the Commission shall be binding upon the Building Official, and upon receipt of the report of the Commission, the Building Official shall within ten (10) days notify the applicant in writing of the approval, conditional approval, or disapproval of the application, and shall provide a copy to the Commission.
3. 
Appeal from action of the Commission Concerning Applications for Permits.
An applicant for permit dissatisfied with the action of the Commission relating to issuance or denial of a permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of a building in the historic district shall have the right of appeal to the City Council within fifteen (15) days after receipt of notification of such action. The applicant shall be advised by the City Secretary of the time and place of the hearing at which his appeal will be considered and shall have the right to attend and be heard as to his reasons for filing the same. In determining whether or not to certify to the appropriateness of the proposed construction, reconstruction, alteration, restoration, relocation, demolition, or razing of all or a part of any building within the historic district, the City council shall consider the same factors as the Commission set forth in Article II, Section 3.L of this section and the report of the Commission and any other matters presented at the hearing on the appeal. If the City Council disapproves the application by a majority of the members voting, it shall direct the Building Official not to issue such permit. Such disapproval may indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive historical character of the district.
4. 
Duties of the Building Official.
Upon receipt of the action of the City Council, the Building Official shall forthwith so advise the applicant and the Commission.
5. 
Reapplication for Building Permit.
In the case of an application's disapproval by the City Council, the application shall not be resubmitted for consideration until one (1) year has elapsed from the date of disapproval unless the indicated changes in the plans and specifications required to meet the conditions for protecting the district or landmark have been incorporated into the reapplication.
J. 
Violations; Penalties.
It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, relocate, restore, demolish, raze, or maintain any building, structure, secondary building, fence, or other appurtenance in a historic district or historic landmark in violation of the provisions of this Section; and proper City officials, or their duly authorized representatives, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction, reconstruction, structural alteration, remodeling, renovation, restoration, relocation, demolition, razing, or maintenance, to restrain, correct, or abate such violation, to prevent any illegal act, conduct, business, or maintenance in and about such premises. Each day such violation continues shall constitute a separate offense.
K. 
Partial Tax Exemption for Historically Designated Sites.
1. 
Definition.
As used in this subsection, "Historic Site" means a property designated as a historic landmark or within a historic district in need of tax relief to encourage its preservation.
2. 
Granting of Exemption.
The City Council shall, by ordinance, concurrent with the levy of taxes for each year, approve for partial exemption from ad valorem taxes certain historically significant sites in need of tax relief to encourage their preservation.
3. 
Partial Exemptions.
Historic Sites approved for exemption by ordinance pursuant to the provisions of this subsection shall have an exemption of seventy-five percent (75%) of the assessed value of the structure and the land. These exemptions may be applied to both residential and commercial property for a maximum of five (5) years per property.
4. 
Application.
For each assessment year for which the owner of property designated a Historic Site desires such property to be partially tax exempt pursuant to provisions of this subsection, the owner shall file with the Historic Preservation Commission a sworn application, not later than April 1, setting forth the fact that the requirements of paragraph (5) [subsection 5.] of this subsection concerning the preservation and maintenance of the subject structure were being fully satisfied as of January 1 of the year for which application for exemption is being sought. Application forms are to be available at the office of the City Tax Assessor-Collector. The application shall affirmatively set forth the owner's authorization for members of the Historic Preservation Commission to visit and inspect the historic property as well as examine the books and records as necessary to certify whether or not the property was being preserved and maintained as required by paragraph (5) [subsection 5.] of this subsection and to determine what new construction or modifications have been completed.
5. 
Certification.
Upon receipt of the sworn application, the Historic Preservation Commission shall cause an inspection of the historic property to be made and review the books and records as to whether or not the historic property is being preserved and maintained in accordance with this paragraph (5) [subsection 5.] as of January 1 of that year and shall certify the facts to the City Tax Assessor-Collector not later than April 30, along with the Commission's recommendation for approval or disapproval of the application for exemption. The Historic Preservation Commission shall note on the application form any new construction or modification which has been accomplished in accordance with the restrictions placed on the structure by this Section. The following items shall be used in determining whether a Historic Site has been maintained in accordance with minimum property, structural, and health standards:
(A) 
Any well, cesspool, or cistern shall be securely covered or closed;
(B) 
Dead trees and tree limbs that are reasonably capable of causing injury to a person shall be removed;
(C) 
Any structure or portion of a structure which is vacant shall be securely closed so as to prevent unauthorized entry;
(D) 
Paint or other coatings shall be applied at reasonable intervals so as to protect the exterior surfaces of a structure which are subject to decay;
(E) 
The exterior grounds shall be maintained free of excessive rubbish, garbage, junk, or refuse;
(F) 
Screens and shutters existing at the time of historic designation or added subsequent thereto shall be maintained in good repair;
(G) 
Broken windows shall be replaced or reglazed;
(H) 
Exterior doors and doorways shall be maintained in good repair and operable condition;
(I) 
Skirting around the structure, if any, shall be maintained in good repair;
(J) 
Porch flooring and supports shall be maintained in a sound condition, capable of bearing an imposed load safely;
(K) 
Railings and handrails of exterior stairs, steps, balconies, porches and other exterior features shall be maintained in a sound condition so as to afford safety;
(L) 
Rotted exterior wood shall be replaced and repainted;
(M) 
Broken or partially missing gutters or downspouts shall be replaced or repaired;
(N) 
Loose bricks or stones in the exterior of a structure shall be reestablished or replaced and all joints weather proofed by proper maintenance of painting;
(O) 
Fences and the exteriors of secondary buildings shall be maintained in reasonable repair, including painting if applicable.
6. 
Tax Assessment of Historic Sites and Determination of the Land Reasonably Necessary for Access and Use Thereof.
The City Tax Assessor-Collector shall determine that portion of land which is reasonably necessary for access to and use of those historic structures for which applications for approval of exemptions are pending, and shall assess for taxation all such excess land in the same equal and uniform manner as all other taxable properties in the City.
The determination of the City Tax Assessor-Collector shall be final with respect to the amount of land reasonably necessary for access to and use of the historic structure for which tax exemption is sought.
The City Tax Assessor-Collector shall, not later than June 1 of each year or as soon thereafter as is practicable and prior to the levy of taxes for the current year, forward the application for tax exemption to the City Council after having indicated thereon the assessed values of the historic structure and land necessary for access to and use thereof and the assessed value of the land determined to be in excess of that necessary for access to and use thereof.
7. 
Rendition and Assessment of Historic Sites for Ad Valorem Taxation.
The provisions of this subsection pertaining to partial exemption of historic properties do not change the provision of any other section of the City Code pertaining to taxation, and the applicant's properties shall be rendered and assessed in the same manner as any other property in the event the City Council elects to disapprove the application for exemption.
8. 
Additional Tax.
For each year the historic site is granted a tax exemption pursuant to the provisions of this subsection, the Tax Assessor-Collector shall note on his or her records the assessments that would have been made had the property not qualified for tax exempt status. If the property no longer qualifies for its historic site designation due to noncompliance with the regulations of this subsection, the property shall be subject to an additional tax. This additional tax shall be calculated as the difference between the taxes paid or payable under the provisions of this subsection during the exemption period and the amount of tax that would have been payable for the preceding three (3) years, or, if the exemption period was less than three years, for that shorter timeframe, had the property not been approved for tax exemption. The additional tax imposed by this subsection shall be due and payable at once. If the additional tax imposed by this subsection is not paid within ninety (90) days, it shall be deemed delinquent and shall be subject to the same penalty and interest as other taxes for each such year.
L. 
Exemptions from Provisions of this Section.
Ordinary repair or maintenance, including minor damage such as a broken window caused by natural causes or accidents, which does not involve changes in architectural and historic value, style, or general design, color, or appearance is exempt from the provisions of this section.
(Ordinance 06-12-25 adopted 6/16/2025)