4.509 Designation as demolition delay ("DD")

  1. Designation. A structure may be designated demolition delay if it satisfies one or more of the following qualifications:
    1. Designated as a Recorded Texas Historic Landmark;
    2. Designated as a Texas State Archeological Landmark;
    3. Designated as an American Civil Engineering Landmark;
    4. Listed on the National Register of Historic Places; or
    5. It meets two or more of the criteria set out in Section 4.502D.
  2. Designation of demolition delay property as highly significant endangered or historic and cultural landmark.
    1. Owners of structures designated demolition delay who have filed an application for a certificate of appropriateness for demolition are subject to a delay in issuance of the permit of up to 180 days after a public hearing by the Historic and Cultural Landmarks Commission. It is the governing body's intent that owners of such property who have sought a certificate of appropriateness for demolition shall not be frustrated in their efforts to demolish or sell such property by extension of the delay period through nomination of property designated demolition delay as highly significant endangered or historic and  cultural landmark over the objection of the owner.
    2. Accordingly, if an owner of a structure designated demolition delay has filed an application for a certificate of appropriateness for demolition or if a demolition permit has been issued to an owner of such structure within the preceding three-year period, such structure shall not be nominated for designation as historic and cultural landmark or highly significant endangered over the objection of the owner. However, an area which includes such structure may be designated as an historic and cultural landmarks district.
  3.  Removal of demolition delay designation.
    1. The demolition delay designation may be removed for the following reason
    2. It is determined that the site or structure no longer satisfies at least one of the criteria set out in section 4.502G;
    3. It is determined that such designation creates an unreasonable economic hardship upon the owner or owners in accordance with the provisions of section 4.508; or
    4. The site or structure is demolished in accordance with this section.
    5. The historic preservation officer shall remove the demolition delay designation from the official zoning maps of the city and shall file a notice that the designation has been removed in the official property records of the county in which such property is located within ten days after approval by the city council of removal of the designation.