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MapLink™ | Procedures | Exemptions for buildings

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Exemptions for buildings
The prohibitions in section 52-330 do not apply to the following buildings, and the officials responsible for enforcement of the city's zoning ordinance and building codes, as designated by ordinance or other authorization, shall apply all regulations and standards prescribed by those ordinances or codes to such buildings, whether such provisions are existing or hereafter adopted or established, to the fullest extent.
(1) A building located in a place or area designated for its historical, cultural, or architectural importance and significance, such as the General Business—Old Town Overlay Zoning District and design standards as adopted by the city council prior to April 1, 2019.

(2) A building located in a zoning district designated by the city council after April 1, 2019 for its historical, cultural, or architectural importance and significance by the city, and for which the owner has voluntarily consented in writing to the application of the regulations or standards prohibited by section 52-330, including the following zoning districts and any district that may hereafter be created by the city council for its historical, cultural, or architectural importance and significance;

(3) A building located in a place or area designated for its historical, cultural, or architectural importance and significance that the city may regulate under Texas Local Government Code § 211.003(b), if the city is a certified local government under the National Historic Preservation Act (54 U.S.C. § 300101 et seq.); or has an applicable landmark ordinance that meets the requirements under the certified local government program as determined by the Texas Historical Commission.

(4) A building located in an area designated as a historic district on the National Register of Historic Places;

(5) A building designated as a Recorded Texas Historic Landmark, such as Bishop Park and Justin Cemetery designated landmark sites;

(6) A building designated as a state archeological landmark or state antiquities landmark;

(7) A building listed on the National Register of Historic Places or designated as a landmark by a governmental entity;

(8) A building located in a World Heritage Buffer Zone; and

(9) A building located in an area designated for development, restoration, or preservation in a main street town or city established under Texas Local Government Code § 442.014.