§ 8-186. Certificate of appropriateness.

a.

Certificates of appropriateness required. A certificate of appropriateness must be issued by or on behalf of the board before a permit is issued for, or work is begun on, any of the following:

(1)

Within all areas of a historic preservation district:

(a)

The demolition of any building;

(b)

The moving of any building;

(c)

A conspicuous change in the exterior appearance of historic buildings by additions, reconstruction, alteration, or maintenance involving exterior color change; or

(d)

Any new construction of a principal building or accessory building or structure subject to view from a public way.

(2)

Within a primary area of a historic preservation district:

(a)

A change in walls and fences, or the construction of walls and fences along public ways;

(b)

A conspicuous change in the exterior appearance of non-historic buildings subject to view from a public way by additions, reconstruction, alteration and/or maintenance involving exterior color change.

(3)

Within the first phase of a two-phase establishment of a historic preservation district:

(a)

The moving of any building;

(b)

The demolition of any building; or

(c)

Any new construction of a principal building or accessory building or structure subject to view from a public way.

b.

An application for a certificate of appropriateness shall be created in the Planning Department for the City of Eagle Pass on forms provided by that office. All applicants shall be subject to the rules and requirements established by the board. Rules may include, but are not limited to, filing deadlines and application requirements such as sketches, drawings, photographs, descriptions, or other information which the board deems necessary to make a decision.

c.

Approval or denial of certificates of appropriateness. The board may advise and make recommendations to the applicant before acting on an application for a certificate of appropriateness. If an application for a certificate of appropriateness is approved by the board, or is not acted on by the board within thirty (30) calendar days after it is filed, a certificate of appropriateness shall be issued. If the certificate is issued, the application shall be processed in the same manner as applications for building or demolition permits required by the city, if any are processed. If no building or demolition permits are required, the applicant may proceed with the work authorized by the certificate. If the board denies an application for a certificate of appropriateness within thirty (30) calendar days after it is filed, the certificate may not be issued.

The board must state its reasons for the denial in writing, and must advise the applicant. An application that has been denied may not be processed as an application for a building or demolition permit and does not authorize any work by the applicant. The board may grant an extension of the thirty-day limit if the applicant agrees to it.

d.

Criteria for considering effect of actions on historic buildings. The board, in considering the appropriateness of any reconstruction, alteration, maintenance, or moving of a historic building or any part of or appurtenance to such building, including walls, fences, light fixtures, steps, paving, and signs shall require that such work be done in a manner that will preserve the historical and architectural character of the building, structure, or appurtenance. In considering historic and architectural character, the board shall consider, among other things, the following:

(1)

Purposes of this article;

(2)

Historical and architectural value and significance of the building, structure, site or appurtenance;

(3)

Compatibility and significance of additions, alterations, details, materials, or other non-original elements which may be of a different style and construction date than the original;

(4)

The texture, material, color, style, and detailing of the building, structure, site or appurtenance;

(5)

The continued preservation and protection of original or otherwise significant structure, material, and ornamentation;

(6)

The relationship of buildings, structures, appurtenances, or architectural features similar to one within the same historic preservation district, including for primary areas, visual compatibility as defined in section 8-187 of this article; and

(7)

The position of the building or structure in relation to the street, public right-of-way and to other buildings and structures.

e.

Procedure for demolition upon denial of a certificate of appropriateness. The purpose of this subsection is to preserve historic buildings that are important to the education, culture, traditions and economic values of the city, and to afford the city, historical organizations, and other interested persons the opportunity to acquire or to arrange for the preservation of these buildings. If a property owner demonstrates that a historic building is incapable of earning an economic return on its value, as appraised by a qualified real estate appraiser, and the board fails to approve the issuance of a certificate of appropriateness, the building may be demolished. However, before a demolition permit is issued or demolition proceeds, the following requirements for notice must be met:

(1)

Notice of the proposed demolition must be given for a period fixed by the board, based on the board's classification on the approved map, but not less than sixty (60) calendar days or more than one (1) year.

(2)

Notice must be posted on the premises of the building proposed for demolition in a location clearly visible from the street.

(3)

Notice must be published in a newspaper of general local circulation at least three (3) times before demolition, with the first publication not more than fifteen (15) calendar days after the application for a permit to demolish is filed, and the final publication at least fifteen (15) calendar days before the date of the permit.

The board may approve a certificate of appropriateness at any time during the notice period under this subsection. If the certificate of appropriateness is approved, a demolition permit shall be issued without further delay, and demolition may proceed.

(Ord. No. 2012-35, § 1, 11-6-2012)