A historic landmark shall be designated as follows:
(A) Automatic eligibility. Designated recorded Texas historic landmarks and or properties listed in the National Register of Historic Places shall be automatically eligible for designation as a historic landmark upon processing of a nomination application by the owner of the property or structure.
(B) Nomination of historic landmark.
(1) Nomination for historic landmark designation shall be voluntary and made to the Commission. The nomination shall be submitted to the Historic Preservation Officer by the owner of record of the nominated property.
(2) Any proposal to designate a historic landmark shall be reviewed by the Historic Preservation Officer and forwarded to the Commission for designation of buildings, structures or objects as historic landmarks.
(C) Criteria. The following criteria shall be considered when determining whether a nominated property is eligible for consideration.
(1) Significance in history, architecture, archeology and or culture;
(2) Association with events that have made a significant contribution to the patterns of local, regional, state or national history;
(3) Association with the lives of persons significant in our past;
(4) Embodiment of the distinctive characteristics of a type, period or method of construction;
(5) Representative work of a master designer, builder or craftsman; or
(6) An established and familiar visual feature of the city.
(D) Historic Preservation Commission public hearing.
(1) A residential property shall be designated as a historic landmark only upon the request of the property owner.
(2) The Commission may nominate a nonresidential building, site, or structure for the purpose of designating it as a historic landmark, with the property owner's consent.
(3) The Commission shall conduct a public hearing to determine whether the nomination does or does not meet the criteria for designation. Not later than the fifteenth day before the public hearing, the city shall provide a statement to the owner of the property of the impact the designation may have on the owner and the property. The statement must include regulations that may be applied to any structure on the property after the designation; procedures for the designation; tax benefits that may be applied to the property after the designation; and rehabilitation or repair programs that the municipality offers for a property designated as historic.
(4) The Commission shall give mailed notice to owners of the proposed historic landmark and those within 200 feet of the proposed historic landmark, such notice to be given, not less than ten days before the date set for hearing to all such owners as the ownership appears on the last approved city tax roll.
(5) At the Commission's public hearing, owners, interested parties, and technical experts shall present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic landmark.
(6) The Commission shall determine the significance, or lack of significance, of the nominated property and its relationship to the criteria as set forth in division (C) of this section.
(7) The designation as a historic landmark does not obligate the property owner to improve, alter, or change a property. However, owners of designated property shall comply with the provisions of this subchapter and all other city ordinances.
(8) The Commission shall designate the historic landmark by ordinance or reject the nomination of the historic landmark.
(E) Recording. Upon designation of a historic landmark, the Commission shall cause the designation to be recorded in the official real property records of Johnson County and with the Johnson County Appraisal District.
(F) Historic markers. The Commission shall be responsible for determining the material, size, shape, color and design of historical markers for designated historic landmarks.
(G) Removal of historic designation. The Commission may remove the historic designation from a property.
(Ord. 08-2007-44, passed 8-28-07; Am. Ord. 10-2007-57, passed 10-9-07; Am. Ord. 01-2020-08, passed 1-28-20)