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Home My WebLink AboutORD 86-16 - Historic PreservationOrdinance # AN ORDINANCE AMENDING ORDINANCE NUMBER 75.12, APPROVED AUGUST 11, 1975 AND COMMONLY REFERRED TO AS THE HISTORIC PRESERVATION ORDINANCE, BY DESIGNATING A HISTORIC PRESERVATION OFFICER, INCLUDING A PROVISION FOR THE ADOPTION OF A HANDBOOK TO GUIDE COMMITTEE DECISIONS, PROVIDING A PERIOD OF UP TO SIXTY (60) DAYS FOR HISTORIC PRESERVATION COMMITTEE APPROVAL OR DISAPPROVAL OF AN APPLICATION TO REMOVE OR DEMOLISH A STRUCTURE WITHIN A DESIGNATED HISTORICAL DISTRICT, WHEREAS, the City Council of the City of Georgetown, Texas, on August 11, 1975 approved Ordinance Number 75,12 to preserve and protect buildings, structures and areas of significant historical and cultural value, and WHEREAS, the City Council of the City of Georgetown, Texas has directed the submittal of the City of Georgetown's application for Certified Local Government Status, and WHEREAS, program requirements for Certified Local Government designation call for designation by ordinance of a City staff member as historic preservation officer, and for the provision of a handbook approved by the Texas Historical Commission to each committee member, and for an extended review period for requests to demolish or remove historic structures in order to investigate alternatives to such demolition or removal, and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Georgetown, Texas, that Section I: Section II of Ordinance 75912 is hereby amended by the addition of a new Section II (d), and (e) to read; (d) Historic Preservation Officer, The City of Georgetown's Director of Community Development and Planning is hereby designated Historic Preservation Officer and shall have as a principal duty the administration of this ordinance and the coordination of the City's various efforts and programs furthering historic preservation. (e) The Historic Preservation Committee shall adopt, The Secretary of the Interior's Standards for Rehabilitation and Guide ines or Rehabilitating Historic Buildings, as the handbook to be provided each member of said Committee. This handbook is approved by the Texas Historical Commission, and will serve as guidelines for future decisions made by the Committee concerning the rehabilitation of historic buildings. Section II: Section IV (e) of Ordinance 75.12 is hereby amended, and shall read, (e) Upon receipt of the application by the Chairman or Vice Chairman of the Historical Preservation Committee, either one or both, shall cause a meeting of the Historical Preservation Committee to be held within five (5) business days from such receipt. The Committee shall investigate and approve or disapprove the application by majority vote Page 1 of 3 Pages at (1) the meeting set forth above, or (2) at a subsequent meeting if further investigation is deemed necessary, within ten (10) business days after the first meeting, and return to the City Manager or his designated agent within three (3) business days after such decision a report of the results of the vote, except as provided in Section IV (f) hereof regarding a permit for removal or demolition of a structure. Should an application be disapproved within the time limits provided above, a written report as to the reasons therefor, the results of the vote shall be returned to the City Manager or designated agent within three (3) business days, and shall thereafter be returned to the applicant within three (3) business days from receipt of the same by the City Manager. Should the committee fail to approve or disapprove the application within the fifteen (15) business day period from the receipt of the application thereof, unless applicant agrees to an extension for up to thirty (30) days for said decision, the application shall be deemed approved and the City Manager or his designated agent shall within three (3) business days issue a building permit authorizing the external alterations or repairs. Section III: Section IV (g) and Section IV (f) of Ordinance 75.12 is hereby redesignated amended to read: ( g ) Any applicant may upon having an application rejected or disapproved by the Historical Preservation Committee, appeal the same to the City Council at the next regular or special meeting of the City Council, or at any subsequent meeting of the Council; provided, however, that the applicant must file notice of appeal with the City Mana9er at least seven (7) days before the next scheduled City Council meeting. The City Council shall review the application and approve or disapprove the same within thirty (30) days from the applicant's filing his notice of appeal with the City Manager. Should the Council fail to approve or disapprove the application within such thirty (30) day period, the application shall be deemed approved and the City Manager or his designated agent shall within three (3) business days thereafter issue a permit for such action. Alternatively, with the consent of the applicant, the Council may defer the decision to approve or disapprove such application for an additional fourteen (14) day period to that thirty (30) day period set forth above. Should the Council approve the application within such time period set forth above, the application shall be deemed approved and the business manager or his designated agent shall within three (3) business days issue a permit for the requested construction, Such finding and ruling of the City Council as provided above shall be binding upon all parties, Section IV: Section IV of Ordinance 75012 is hereby amended by the substitution of a new Section IV (f) to read: (f) In the case of an application for a permit for removal or demolition of a structure, the Historical Preservation Committee shall meet and be subject to the time periods as prescribed in Section IV (e) hereof, During those time periods, the committee shall investigate the structural condition and economic usefullness of the subject structure, the historical and cultural character of the Page 2 of 3 Pages district and the surrounding properties, and such other factors as may reasonably bear upon such decision. Should the committee by a majority vote approve or disapproved the application, its action shall be reported to the City Manager or his designated agent in accordance with Section IV (e) hereof. Notwithstanding anything to the contrary, however, if there is a desirable purpose to be served by preserving the structure, the committee may, by majority vote, defer action to approve or disapprove the application for a specified period not to exceed sixty (60) days from its meeting at which the application was first considered in order to investigate alternatives to demolition or removal. Should the committee fail to approve or disapprove the application within such sixty (60) day period, the application shall be deemed approved and the City Manager or his designated agent shall within three (3) business days issue a permit for demolition or removal. Section V: Savings Clause If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion thereof, or provision or regulation contained herein shall become inoperative or fail by reason of the unconstitutionality or invalidity of any section, subsection, sentence, clause, phrase, or provision of this Ordinance. Read, passed and adopted this 11 thday of March, 1986. Read, passed and adopted this 25 day of March second reading. t °TSE S .�• PAT CABALLERO City Secretary Approved as to STUMP, & STUMP, BY DY ST form. City Attorney Page 3 of 3 Pages W GAKL d. UULUINU, Mayor City of Georgetown 1986, on the