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HomeMy WebLinkAboutORD 2019-21 - UDC Historic District RulesORDINANCE NO. 00/ ` ZI AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING CHAPTER 2, REVIEW AUTHORITY, CHAPTER 3, APPLICATIONS AND PERMITS, CHAPTER 4, ZONING DISTRICTS, AND CHAPTER 16, DEFINITIONS, OF THE UNIFIED DEVELOPMENT CODE (UDC) REGARDING THE RULES, STANDARDS AND REGULATIONS OF THE HISTORIC DISTRICTS; REPEALING RESOLUTIONS; INCLUDING A ESTABLISHING AN EFFECTIVE DATE. CONFLICTING ORDINANCES AND SEVERABILITY CLAUSE; AND WHEREAS, on March 11, 2003, the City Council of the City of Georgetown, Texas, adopted a set of comprehensive development regulations known as the Unified Development Code ("UDC") via Ordinance No. 2003-16, which codified various zoning and subdivision standards; and WHEREAS, the City Council established a UDC Advisory Committee on November 12, 2013, to review proposed or requested amendments to the UDC other than executive amendments, which are those amendments that are nondiscretionary, mandatory, or legislative revisions to address state statutes or case laws, ratify published directors determinations, incorporate recently approved Council ordinances, process City Council designated emergency items, or address revisions otherwise determined necessary by legal counsel; and WHEREAS, the City Council adopted Resolution 042418-X on April 24, 2018, adopting the Unified Development Code (UDC) General Amendments List for 2018/19; and WHEREAS, amendments relating to Historic Standards identified as Priority 1 in the 2018/19 UDC General Amendments List; and WHEREAS, the UDC Advisory Committee conducted a Public Hearing on the proposed amendment at their March 13, 2019 regular scheduled meeting, and recommended approval of the amendment to the City Council; and WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the proposed amendment at their March 20, 2019 regular scheduled meeting, and recommended approval of the amendment to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: ORDINANCE NO. _ CA/ d ` ?- / PAGE 1 OF 2 DESCRIPTION: HISTORIC STANDARDS EXHIBIT "A" DATE APPROVED: APRIL 9 2019 SECTION 1: The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan. SECTION 2: Chapter 2, Review Authority, Chapter 3, Applications and Permits, Chapter 4, Zoning Districts, and Chapter 16, Definitions, of the Unified Development Code (UDC) regarding the rules, standards and regulations of the Historic Districts are hereby amended as described in EXHIBIT A. SECTION 3: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4: If any provision of this Ordinance, or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 5: The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective in accordance with the provisions of State Law and the City Charter of the City of Georgetown. APPROVED on First Reading this 26th day of March, 2019. APPROVED AND ADOPTED on Second Reading this 9 day of April, 2019. THE CITY OF GEORGETOWN: Dale Ross Mayor APPRO .RD AS TO FORM: Charlie McNabb City Attorney ATTEST: City Secretary icy ORDINANCE NO. ZO 1 - PAGE 2 OF 2 DESCRIPTION: HISTORIC STANDARDS EXHIBIT "A" DATE APPROVED: APRIL. 9.2019 Historic District Requirements UDC Amendment No. 2 Chapter 2 - REVIEW AUTHORITY SECTION 2.01. - GENERAL Sec. 2.01.020. - Summary of Review Authority. Printed on Apr. 9. 19Ao". ; FQ . �19 The following table summarizes the decision-making authority of each review body for the City. Table 2.01.020: Summary of Review Authority I Historic Planning Building Dev Urban City Procedure Preservation HARC ZBA P&Z Director Official 'Engineer Forester Council Officer Administrative Action Master Sign Plan DM A DM `M A Master Sign Plan in a historic overlay district Historic and Architectural Review Commission (HARC) Action Certificate of Appropriateness R <DM> A HARC Exception (Building Height/Setback R <DM> A variations pursuant to Section 4.08) e4aster pian R 4M4> A r - Review or Recommendation DM - Decision Making Authority A - Appeal Authority < - Public Hearing "Administrative Exceptions related to Chapter 8 items are sent to the City Council, all others are appealed to ZBA. SECTION 2.02. - ADMINISTRATIVE OFFICIALS Added language is i> Page 1 of 3 Chapter 2 Deleted language is s*ril( gh Historic District Requirements UDC Amendment No. 2 Sec. 2.02.060. - Historic Preservation Officer. B. Powers and Duties. Printed on Apr. 9. 19^^F ear:- B;- The duties of the Historic Preservation Officer shall include, but are not limited to: 1. Providing review, report and recommendation to the Historic and Architectural Review Commission (HARC) regarding Certificates of Appropriateness and any other provisions of this Code requiring action by HARC; SECTION 2.03. - HISTORIC AND ARCHITECTURAL REVIEW COMMISSION (HARC) Sec. 2.03.010. - Powers and Duties. The Historic and Architectural Review Commission (HARC) has the following powers and duties as described in this Code: A. Final Action. The HARC shall be responsible for hearing and taking final action on the following procedures described in this Code: 1. Certificate of Appropriateness; 2. HARC Exceptions on building height and setback variations pursuant to Section 4.08 of this Code; and 3. Hear and take final action on an appeal of an administrative Certificate of Appropriateness. B. Review and Recommendation. The HARC shall review and make recommendations to the City Council on the designation of Historic Overlay Districts and Historic Landmarks, subject to the terms and conditions set forth for the procedure in this Code. C. Additional Duties. The HARC has the following additional duties: 1. To act and assist the City Council in formulating design guidelines and other supplemental materials relevant to historic preservation or design review; and Added language is underlined Page 2 of 3 Chapter 2 Deleted language is strik gh Historic District Requirements UDC Amendment No. 2 Printed on Aor. 9. 2. To render advice and guidance, upon request of the property owner or occupant, on new construction or the restoration, alteration, or maintenance of any building or structure within a Historic Overlay District or designated as a Historic Landmark. Added language is underlined Page 3 of 3 Chapter 2 Deleted language is °•"�+,,kethreugh Historic District Requirements UDC Amendment No. 2 Chapter 3 — APPLICATIONS AND PERMITS *** SECTION 3.03. - PUBLIC HEARING AND NOTICE Sec. 3.03.010. - Provision of Public Notice. A. Summary of Notice Required. Printed on Apr. 9 19 9--19 r: 8, 19 Notice shall be required for application review as shown in the following Table. Table 3.03.010: Summary of Notice Requirements Procedure Published I Mailed { Posted *** Certificate of Appropriateness $ Certificate of Appropriateness for relocation, removal or demolition, or $ $ building Height. setback or floor -to -area ratio modification X = Notice Required * = Notice to be determined by Development Agreement Committee per Section 3.20 $ = Only applicable to Certificate of Appropriateness applications that require consideration by the Historic and Architectural Review Commission Sec. 3.03.020. - Required Public Hearing. The following table identifies the types of applications requiring a Public Hearing and the review body responsible for conducting the hearing. Table 3.03.020: Summary of Required Public Hearing Type of Application HARC Zoning Board Planning & City Council of Adjustment Zoning Certificate of Appropriateness Added language is underlined Page 1 of 15 Chapter 3 Deleted language is `*"i'( gh Historic District Requirements n... a 1ne..r n_19 a�_ 4 19 UDC Amendment No. 2 Printed on Apr. 9, 39.,,x:-�„�,—..z=, �� X = Public Hearing Required "= Public Hearing to be determined by Development Agreement Committee per Section 3.20. = Only applicable to certificate of appropriateness applications that require consideration by the Historic and Architectural Review Commission SECTION 3.12. - MASTER SIGN PLAN Sec. 3.12.030. - Criteria for Approval. In addition to the general review criteria in Section 3.03.050.D or 3.13 for property in a historic overlay district, the Building Official or Historic -x4 w CemniissimPreseryation Officeras applicable, must shall determine the following in order to approve the Master Sign Plan: Sec. 3.12.040. - Responsibility for Final Action. B. The Historic andr-rshileetural Review '-'ommissiPreservation Officer is responsible for final action on Master Sign Plans for property located in a historic overlay district. SECTION 3.13. - CERTIFICATE OF APPROPRIATENESS Sec. 3.13.010. - Applicability. A. Pursuant to the authority granted to the City by Texas Local Government Code ch. 211 and the City Charter, a Certificate of Appropriateness is required in accordance with Table 3.13.010 below. Activities that include more than one project (scope of work) shall be subject to the review process and criteria for approval for each specific project as identified in Table 3.13.010. Table 3.13.010: Certificate of Appropriateness Required Added language is underlined Page 2 of 15 Chapter 3 Deleted language is s.�reugh Historic District Requirements UDC Amendment No. 2 Printed on Apr. 9 19Aw-9:19Ajar, , ar:-949 Project (Scope of Work) Historic Significance Review AatheratyQecision Makin HARC = Historic and Architectural Review Commission * HPO = Historic Preservation Officer * NR = Not Required New Construction (Infill Development) New building construction All Historic Overlay Districts HARC Additions Historic Landmark HARC Contributing Historic Structure (High and Medium Priority Structures as identified on the most HARC rece,ntiy adapted historic resource survey) TeAddition that creates a new, or adds to an existing street facing facade Contributing Historic Structure (how Priority Structures as HPO identified on the most recently adopted historic resource survey ) Non -Contributing Historic HPO Structure Historic Landmark HARC Contributing Historic Structure HPO Addition of a Nnon-street facing facades Non -Contributing Historic Structure NR Historic Landmark New addition does not comply with the zoning standards of the historic overlay Contributing Historic Structure HARC Non -Contributing Historic district Structure Historic Landmark HARC Contributing Historic Structure (High and Medium Priority Structures as identified on the most HARC recently adopted historic resource Awning or canopy survey))* Contribu Ling Historic Structure (Low Priority Structures as identified on the most recently HPO Ldp} te.d_historic resource survey l' Added language is underlined Page 3 of 15 Chapter 3 Deleted language is stril( oug; Historic District Requirements UDC Amendment No. 2 Printed on Apr. 9, 19Apr , 1: AP;4. 19Mar$1� Added language is underlined Page 4 of 15 Chapter 3 Deleted language is stril(ethreugh Non -Contributing Historic Structure " HPO Historic Landmark Contributing Historic Structure HARC {High and Medium Priority Structures) ' Contributing hlistaric Structure HPO Porch, patio or deck LLow_ Priority Structures as identified on the most_ reeentj adopted historic resource surye•.y ] ' Non -Contributing Historic Structure HPO Reconstruction, Alterations, Changes Historic Landmark HPO Restoring historic architectural features Contributing Historic Structure " Non -Contributing Historic Structure NR Historic Landmark Contributing Historic Structure (High h and Medium Priority HARC Structures as identified on the most recently adopted historic resource surve Replacing a historic architectural feature Contributin Historic Structure with a non -historic architectural feature± LLow Priority Structures as identified on the most recently HPO adopted historic resource surge Non -Contributing Historic Structure NR Historic Landmark HARC Contributing Historic Structure HPO Replacing roof materials with different roof materials+ Non -Contributing Historic Structure NR Historic Landmark HPO Modifications to exterior steps, stairways Contributing Historic Structure' and ramps using in-kind material Non -Contributing Historic Structure NR Historic Landmark HARC Added language is underlined Page 4 of 15 Chapter 3 Deleted language is stril(ethreugh Historic District Requirements UDC Amendment No. 2 Printed on Apr. 9, 198RL9; IgAp 1, IgMaf. 8,1 Added language is underlined Page 5 of 15 Chapter 3 Deleted language is �� Contributing Historic Structure {High and Medium Priority Structures as identified on the most HARC recently adopted historic resource surve Modifications to exterior steps, stairways and ramps Contributing l 1istoricStructure HPO (Low Priority Structures as identified on the most recently adopted historic resourcesurvey )' Non -Contributing Historic Structure " HPO Historic Landmark Paint removal from historic and significant architectural features (back to original HPO Contributing Historic Structure " condition; does not include repainting) Non -Contributing Historic Structure NR Historic Landmark Changes to paint color on previously painted surfaces (includes repainting or new HPO Contributing Historic Structure " Non -Contributing Historic paint on previously painted surface) Structure ' Historic Landmark HPO New paint on unpainted historic and other Contributing Historic Structure " significant architectural features Non -Contributing Historic Structure NR Historic Landmark Contributing Historic Structure " Changes in color to awning fabric HPO Non -Contributing Historic Structure " Historic Landmark Exterior lighting that is attached to the building or structure Contributing Historic Structure " HPO Non -Contributing Historic Structure " Historic Landmark " Rooftop HVAC, mechanical or communication equipment that result in no HPO Contributing Historic Structure ' Non -Contributing Historic modifications to the building facade Structure , Rooftop HVAC, mechanical or Historic Landmark Contributing Historic Structure communication equipment that result in HARC modifications to the building facade LFiigh and Medium Priority Added language is underlined Page 5 of 15 Chapter 3 Deleted language is �� Historic District Requirements UDC Amendment No. 2 Awnings or canopies Printed on Apr. 9, 19Ae-9-1-9Aor 39Mar� 44 Structures as identified on the most recently adopted historic resource survey Coi7tri butin g Historic Structure Low Priority Structure as identified on the most recentl adopted historic resource SLLLKs V Non -Contributing Historic Structure ' Removal, Demolition or Relocation Historic Landmark Contributing Historic Structure (1- igh and Medium Priority Structures as identified on the most recently adopted historic resource surve Coi7tributisig 1-listoric Structure (Low Priority Structure as identified on the most recently adopted historic resource survey Non -Contributing Historic Structure Historic Landmark Exterior non -historic architectural features Contributing Historic Structure " Non -Contributing Historic Structure Historic Landmark Exterior siding to unencapsulate historic Contributing Historic Structure ' siding materials Non -Contributing Historic Structure Historic Landmark Contributing Historic Structure Removal, stripping, concealing, or (High and Medium Priority destruction of any historic and architectural Structures as identified on the most features that is integral to the historic recent!y ado ted historic resource character of the building or structure, or survey ' historic overlay district Con tri butirtg Historic Structure (Low Priority Structu:'es as identified oii the most recently adopted historic resource surve ]] HPO HARC HARC HPO NR HPO NR hIN HARC HPO Added language is underlined Page 6 of 15 Chapter 3 Deleted language is stri et rough Historic District Requirements UDC Amendment No. 2 Printed on Apr, 9 19A �-4;-19M.o,F. R, __° Added language is underlined Page 7 of 15 Chapter 3 Deleted language is stril( gh Non -Contributing Historic Structure " HPO Historic Landmark HPO Non -historic additions that are made of non- Contributing Historic Structure historic materials Non -Contributing Historic Structure NR Historic Landmark Attached carport, porch, patio or deck HARC$ Contributing Historic Structure " Non -Contributing Historic Structure NR Historic Landmark HPO Attached carport, porch, patio or deck made Contributing Historic Structure ' of non -historic materials Non -Contributing Historic Structure NR Historic Landmark HPO Reopen enclosed porch, patio or deck to Contributing Historic Structure " original condition Non -Contributing Historic Structure NR Historic Landmark Street facing facade HARC$ Contributing Historic Structure Non -Contributing Historic Structure NR Historic Landmark HARC Contributing Historic Structure Demolition that results in the reduction or loss in the total square footage of the existing ��e-Hi�h_i'rinrit� resources identified in the Historic Resource NR-%-1ARC$ Survey locat_edd outside a Historic Overlay District structure Medium Priority resources identified in the Historic Resource i 11?O Survey located outside a Historic Overlay District Historic Landmark Relocation of a building or structure on the same lot Contributing Historic Structure HPO Non -Contributing Historic Structure Added language is underlined Page 7 of 15 Chapter 3 Deleted language is stril( gh Historic District Requirements UDC Amendment No. 2 Printed on Apr. 9. 19Aur:-%49Apr !9 Relocation of a building or structure to a Historic Landmark Contributing Historic Structure historic overlay district (includes relocation of buildings or structures within the same HARC Non -Contributing Historic historic overlay districts) Structure Historic Landmark HARC Relocation of a building or structure outside Contributing Historic Structure of the historic overlay district Non -Contributing Historic Structure NR Signage Master Sign Plan 1 HPO New signage, to include new signage that is consistent with an approved Master Sign HPO Plan New signage that is inconsistent with an approved Master Sign Plan or applicable HARC guidelines All Historic Overlay Districts Changes in content or configuration (re- facing) that do not involve changes in sign location, dimensions, lighting or total sign HPO area Amending an approved Master Sign Plan I4ARCHPO Fences New fence, railing or wall that is inconsistent with the overlay district's All Historic Overlay Districtst HARC characteristics and applicable guidelines Miscellaneous �T�eExceptions on (building height, setback and FAR variations alternative standards pursuant to Section 4.0$)of this All Historic Overlay District HARC Code Renewal of an expired Certificate of All Historic Overlay Districts Appropriateness HPO Historic Landmark Only applicable to a street facing facade t Only applicable to fences along a street lot line or located in a street yard $ CLG demo delay period and Demolition Subcommittee review not applicable + Material that is intended to replace a historic material or feature that is either the same or a similar material and the result will match all visual aspects, including form color and Added language is underlined Page 8 of 15 Chapter 3 Deleted language is stA ett+r6oeh Historic District Requirements UDC Amendment No. 2 Printed on Apr. 9. 8; 1 workmanship in order to retain the origina I design of the structgre nnay be permitted by the identified decision maker for medium and loins priority resources. B. Exemptions. A Certificate of Appropriateness shall not be required for the following Ordinary maintenance and repair, as this term is defined in Chapter 16 of this Code. Interior construction or alterations provided the alterations do not alter the exterior wall of the building. 3-.-- New -SiRgle faFnilyand -4wg-fam*i-residena�-deve4opment On the 0 ewv�-Ove4ay-DisVsGt provided the building is 'r i�h Fkrt �nr.i pr FI- • �aaGe-w�,n,�.,,�-�.,,,r}g-staflda�of�he-b+sinraG--vV�'':striGt. 34. New additions to existing single-family and two-family structures provided the addition does not create or add to a street facing facade, and the addition in combination with the existing building is in compliance with the zoning standards of the historic overlay district. New, modifications or removal of existing awnings (to include changes in color), canopies, exterior paint color or exterior lighting that are attached to a single-family or two-family residential structure provided the alterations do not alter the exterior wall of a building designated as a historic landmark. Demolition of a building or structure that the Building Official has declared a dangerous structure in accordance with Chapter 15.40 of the City Code, as amended, or determined that demolition is necessary for the preservation of the public health, safety and welfare. a. Should the Building Official declare a building a dangerous structure or determine that demolition is necessary for the preservation of public health, safety and welfare, the Building Official shall coordinate with the Historic Preservation Officer and property owner to identify historic and significant architectural features that are unique to the building or structure, era or district and that may be salvaged. b. The Historic Preservation Officer shall create a record of the building or structure to be demolished through archival -quality photo -documentation, drawings, and other information similar to those required by the Historic American Buildings Survey. The list of identified historic and significant architectural features to be salvaged shall also be made part of this record. New fence, railing or wall that is consistent with the overlay district's characteristics and applicable guidelines. Site alterations and other hardscape features provided that these do not alter a building or structure designated as a Historic Landmark or that is a contributing historic structure to the Historic Overlay District. C. No Building Permit shall be issued by the Building Official for any building or structure designated as a Historic Landmark or that is located in a Historic Overlay District until the application for such permit has been reviewed and approved by the Historic and Architectural Review Commission or the Historic Preservation Officer, as applicable, and the project, as proposed, is in compliance with all other applicable regulations of this Code. Sec. 3.13.020. - Certificate of Appropriateness—Administrative Approval. A. Review Process. Added language is underlined Page 9 of 15 Chapter 3 Deleted language is stril( ug„ Historic District Requirements UDC Amendment No. 2 Printed on Ater. 9, 19A}�-9; 1. r: 4,49Mar: 8153 4. Responsibility for Final Action. b. Should the Historic Preservation Officer be unable to approve the request, the Historic Preservation Officer may forward the request to the Historic and Architectural Review Commission for review and final action at the next available meeting following public notification in accordance with Section 3.03 of this Code. Sec. 3.13.030. - Certificate of Appropriateness—HARC Approval. A. Review Process. 1. Initiation. Initiation of a Certificate of Appropriateness to the Historic and Architectural Review Commission may be made upon application by the property owner of the affected property or their authorized agent following the established application processes and requirements of this Chapter. 3. Staff Review. a. Once a Certificate of Appropriateness has been initiated and the application deemed complete, the Historic Preservation Officer shall review the application for consistency with any applicable criteria for approval. b. The Historic Preservation Officer shall prepare a report to the Historic and Architectural Review Commission. c. The Historic Preservation Officer's report shall include a recommendation for final action. 4. Responsibility for Final Action. a. The Historic and Architectural Review Commission shall review the application, the Historic Preservation Officer's report, conduct a hearing in accordance with the Historic and Architectural Review Commission's established procedures and State Added language is underlined Page 10 of 15 Chapter 3 Deleted language is strik gh Historic District Requirements UDC Amendment No. 2 Printed on Apr. 9,12&r.9, 19APF " 1O °;a;. 1 9 law, and take final action on the application within 35 days of the application hearing unless the applicant agrees to extend the time. b. An application before the Historic and Architectural Review Commission shall be considered approved by a majority vote of all members of the Historic and Architectural Review Commission. B. Criteria for Approval. The Historic and Architectural Review Commission shall determine whether to grant a Certificate of Appropriateness based on the following criteria: 2. Compliance with any-apRI cable design standards of this Code; C. Additional Criteria for Approval for Building Height £meepsModification. 1. Applicants requesting exceptions to the building height standards set forth in Section 4.08.020.A must submit documentation to HARC that the following standards will be met if the requested exception to the height standards is approved: 3. HARC may grant a request for a variation in height from the standards set forth in Section 4.08.020.A only if it determines that the following goals or purposes will still be achieved: D. Additional Criteria for Approval of a Setback €ice Modification. 1. The Historic and Architectural Review Commission may grant a Certificate of Appropriateness, per Section 4.08.080.1) of this Code, to modify the setback standards of the underlying base zoning district for residential properties located within the Old Town Overlay District. 2. HARC may take in consideration the following in determining whether to approve a Certificate of Appropriateness for a setback exception: Added language is underlined Page 11 of 15 Chapter 3 Deleted language is s•tgWat*eugh Historic District Requirements UDC Amendment No. 2 Printed on Apr. 9, 19Apr- 1s3A r ii-1=3MWa 8, 18 ji. The size of the proposed structure compared to similar structures within the same block; 1Fj. Whether the proposed addition or new structure will negatively impact adjoining properties, including limiting their ability to maintain existing buildings; 1k. Whether there is adequate space for maintenance of the proposed addition or new structure and/or any adjacent structures; and/or ml. Whether the encroachment would enable existing large trees or significant features of the lot to be preserved. E. Additional Requirements for Relocation, Removal or Demolition of a Historic Landmark or Contributing Historic Structure. In addition to the staff review process established in Section 3.13.030.A, applications for a Certificate of Appropriateness for the relocation, removal or demolition of a building or structure designated as a Historic Landmark or contributing historic structure shall be subject to the following additional review: 1. Demolition Delay Period Certified Local Government (CLG) Program. a. Upon deeming the application complete, requests for a Certificate of Appropriateness for demolition of a Historic Landmark or contributing historic structure shall be subject to a 60 -day demolition delay period. The Historic and Architectural Review Commission shall not take action on a request for demolition until the 60 -day demolition delay period is complete. d. The Historic Preservation Officer shall present the findings and resolution, if applicable, to the Historic and Architectural Review Commission with the request. 3. Responsibility of Final Action. a. In addition to the application, and the Historic Preservation Officer's report; the Historic and Architectural Review Commission shall review the recommendation by the Demolition Subcommittee, conduct a hearing in accordance with the HARC's Added language is underlines! Page 12 of 15 Chapter 3 Deleted language is 5V*et4f4ugh Historic District Requirements UDC Amendment No. 2 Printed on Apr. 9, 19 . ' n"�!9 established procedures and state law, and take final action on the application within 35 days of the application hearing unless the applicant agrees to extend the time. b. As conditions of approval, the Historic and Architectural Review Commission may require historic materials to be salvaged, archival -quality photo -documentation, and/or architectural drawings of the building or structure proposed to be demolished or relocated similar to those required by the Historic American Buildings Survey to be submitted to the Historic Preservation Officer. F. Criteria for Approval for Relocation, Removal or Demolition of a Historic Landmark or Contributing Historic Structure. 1. The Historic and Architectural Review Commission shall use circumstances or items that are unique to the building or structure proposed to be relocated, removed or demolished when reviewing the application. 2. The Historic and Architectural Review Commission shall make the following findings when considering a request for demolition or relocation of a structure: Sec. 3.13.040. - Relocation, Removal or Demolition Prior To Approval of a Certificate of Appropriateness. A. Demolition, including demolition by neglect, of a building or structure prior to approval of a Certificate of Appropriateness by. the Historic and Architectural Review Commission, when required, shall be subject to an automatic hold on all permits. No permit may be granted until this period is complete and the Historic and Architectural Review Commission has granted a Certificate of Appropriateness for the demolition of the remaining building or structure, if applicable. B. The permit delay period shall be determined by the Historic and Architectural Review Commission, but in no case shall it exceed 365 days. C. The Certificate of Appropriateness for the demolition of the remaining building or structure, if applicable, shall be reviewed and final action taken by the Historic and Architectural Review Commission concurrently with the determination of the longevity of the permit hold period. Sec. 3.13.050. - Certificate and Compliance Inspections. Added language is underlined Page 13 of 15 Chapter 3 Deleted language is4-F°k^„ Historic District Requirements OF A arse RF A 12 ar, � 19 UDC Amendment No. 2 Printed on Apr. -9, 19�:�,,��; A. It shall be the responsibility of the Historic Preservation Officer to issue the actual Certificate of Appropriateness following approval by the Historic Preservation Officer or the HARC, with any designated conditions, and to maintain a copy of the Certificate of Appropriateness, together with the proposed plans. The certificate shall be forwarded to the Building Official. These shall be public documents for all purposes. Sec. 3.13.060. - Limits on Resubmission. No application for the same project shall be considered within 180 days of the rejection or disapproval by the Historic and Architectural Review Commission or Historic Preservation Officer, as applicable, of an application. The applicant may submit a design for an entirely new project or a revised design that substantially responds to the reasons for denial as set forth by the Historic and Architectural Review Commission or Historic Preservation Officer, as applicable, at any time. Sec. 3.13.080. - Appeals. A person aggrieved by a final action of the Historic and Architectural Review Commission on a Certificate of Appropriateness may appeal to the City Council, pursuant to the procedures set forth below. Such appeal shall be submitted to the Historic Preservation Officer within 30 days of the final action. Appeals from an administratively issued Certificate of Appropriateness will be processed through the Historic and Architectural Review Commission, subject to the procedures established for new applications and set forth below. Such appeal shall be submitted to the Historic Preservation Officer within 30 days of the administrative action. A. Appeal Hearing. The hearing shall be set for the next available City Council or HARC meeting, subject to the provision of public notification. Notification shall be provided in the same manner as the initial certificate of appropriateness. B. Burden of Proof in Appeals. When an appeal is considered by the appella te bedyCite CoU1iciI or HARC , the final action by the original reviewing authority is presumed to be valid. The person filing the appeal shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. Added language is underlined Page 14 of 15 Chapter 3 Deleted language is st4ket4roagh Historic District Requirements UDC Amendment No. 2 Printed on A r. 11 19 gApf.z � F. 8, !9 C. Findings and Conclusions. All findings and conclusion necessary to the appeal decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) will be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. In exercising its authority, as the a p I la tean a112041 e body the City Council or HARC may reverse or affirm, in whole or in part er�edifyLthe original order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the i Council or HARC, as an appellate body, has the same authority as the original reviewing authority. D. Decision on Appeal. T4:ie-As an appellate body the City Council or HARC shall review the application, the staff report and meeting minutes, conduct a hearing in accordance with established procedures and state law, and take final action on the appeal_. it shall r—eq :yiRg v-ete-e€ by a majority of the,appelfate body's merhe-vs te—ever-tufn a—decide-- on a r- fificate of ap vote of Cit y Councilmembers or members of HARC. In the event of a tie of the Cit CoLuncllmembers the Mayor shall vote as 12ermitted in tie Cit Charter.. Added language is underlined Page 15 of 15 Chapter 3 Deleted language is stri�„kethroug„ Historic District Requirements UDC Amendment No. 2 Chapter 4 - ZONING DISTRICTS SECTION 4.08. - HISTORIC OVERLAY DISTRICTS Sec. 4.08.030. - Certificate of Appropriateness Required. Printed on Apr. 919A n lWar. 8, 1 All new buildings and changes to existing buildings located in a Historic Overlay District, or- designated rdesignated as a Historic Landmark, or located in a National Register of Historic Places of the US National Park Service are subject to the Certificate of Appropriateness provisions of Section 3.13 of this Code. Any activity requiring review of a Certificate of Appropriateness per Section 3.13 of this Code will be subject to the Design Guidelines adopted by the City of Georgetown. Sec. 4.08.040. - Applicability of Historic Overlay District Standards. D. Any regulations for a specific Historic Overlay District shall apply to all properties or structures wholly contained within that district and to those portions of any property or district located within the district. E. All uses permitted or conditionally permitted in the underlying zoning districts shall continue to be permitted or conditionally permitted, respectively, unless otherwise specified in the specific standard for the overlay district. HARC shall not have the authority to approve the specific use of a site. Sec. 4.08.050. - General Guidelines Applicable to All Historic Overlay Districts. L Maintaining and_ repairing features is preferred over replacing. features as to maintain the high-quality+ materials, character, and embodied energy of historic buildings and to reduce the amount of waste that goes to a landfill. However, if features are deteriorated beyond repair in-kind replacement using new components that match the original in form, Finish, and materials is favored. Substitute materials should be used only on a Iimited basis and onI when they will match the appearance and general properties of the historic material and will not damage the historic resource. Added language is underlined Page 1 of 2 Chapter 4 Deleted language is `trik gh Historic District Requirements UDC Amendment No. 2 Printed on Apr. 9, 19{�p4,-9�/1a9 Sec. 4.08.070. - Standards Specific to the Downtown Overlay District. This Section contains specific development and design standards applicable to properties located in the Downtown Overlay District of the City of Georgetown. A. Building Height. 1. Building height in the Downtown Overlay District shall not exceed 40 feet, unless a Certificate of Appropriateness is approved by HARC in accordance with the procedures set forth in Section 3.13 of this Code. 2. Buildings located along the portion of Austin Avenue that lies within the boundaries of the Downtown Overlay District shall be at least two usable stories in height with an overall building height of not less than 20 feet, subject to compliance with the Courthouse View Protection Overlay District of Section 4.10. However, HARC may approve a Certificate of Appropriateness in accordance with the procedures set forth in Section 3.13 of this Code. Added language is underlined Page 2 of 2 Chapter 4 Deleted language is slikkinithfoogh Historic District Requirements UDC Amendment No. 2 Chapter 16 - DEFINITIONS SECTION 16.01. - GENERAL SECTION 16.02. - DEFINITIONS Printed on , 4-9 The following definitions describe terms found in this Code. Certificate of Appropriateness (CoA). A certificate documenting approval by the Historic and Architectural Review Commission (HARC) or the Historic Preservation Officer (HPO) to construct, reconstruct, alter, restore, remove, relocate, or demolish a building or structure that is designated as a historic landmark, non-contributing historic structure or contributing historic structure, or located in a historic overlay district, including specific site features such as signage and fences, as applicable. Downtown and Old Town Design Guidelines. A Council -adopted ordinance that provides guidance and approval criteria for the Historic and Architectural Review Commission, along with the Historic Preservation Officer, when reviewing design compliance and proper preservation practices for proposed projects in the Downtown and Old Town Historic Overlay districts. Historic and Architectural Review Commission (HARC). A City Council -appointed board, consisting of seven members, who have decision-making authority regarding Certificates of Design Compli nee and make recommendations to the City Council on the designation of Historic Districts, in addition to other duties as identified in Section 2.03 of this Code. Historic District, Designated. Any site, district, or area of historical, archeological, or cultural importance or value which the City Council determines by action shall be protected, preserved, or enhanced in the interest of the culture, prosperity, education, and welfare of the people. Historic Places National Register. Tl -ie National Register of Historic Places is the official list of the Nation's_historic places worthy of preservation. Authorized by the National Historic Preservation Act of 1966 the National Park Service's National Register -of Historic Places is part Added language is underlined Page 1 of 2 Chapter 16 Deleted language ismer Wig" Historic District Requirements UDC Amendment No. 2 Printed on Apr. 9, 19 Apr_" -dr - of a national program to coordinate and supi2ort public and private efforts to identify, evaluate and protect America's historic and archeological resources. The City of Georgetown, Texas contains four historic districts that have been listed on the National Register of Historic Places ("National Register"): • Williamson County Courthouse Historic District, designated in 1977, includes a period of significance ending in 1923. Its boundaries were increased in 1986. • University Avenue -Elm Street Historic District, designated in 1979,_ includes a period of significance ending in 1900. ■ Belford Historic District, designated it! 1986, includes resources constructed prior to 1935. ■ Olive Street Historic District designated in 2013 Historic Structure, Contributing. A building in a designated historic overlay district and or National Register District that supports the district's historical significance through location, design, setting, materials, workmanship, feeling and association. Buildings identified as low, medium and high priority structures in the' 98 a-nd 2007 currently adapted Historic Resources Survey of Georgetown, Texas ar-d , HeEk & Moore, as arnended,_,and properties categorized as contributing resources i.n National Register Districts shall be considered contributing Historic Structures for purposes of this Code. For the purpose of demolition only, buildings or structures assigned a h$h or medium priority listed in this survey and that are located outside of a historic overlay district shall be considered contributing historic structures. Historic Structure, Non -Contributing. A building in a designated historic overlay district that does not support the district's historic significance through location, design, setting, materials, workmanship, feeling and association. Buildings that are not identified o31 the currently adopted in the 1984 and 2007 Historic Resources Survey of Georgetown, Texas by Hardy, j6 M., as ended, shall be considered non-contributing historic structures for purposes of this Code. Added language is underlined Page 2 of 2 Chapter 16 Deleted language is s+.ik�rog,