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.
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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
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UDC Amendment No. 2
Sec. 2.02.060. - Historic Preservation Officer.
B. Powers and Duties.
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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
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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.
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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.
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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
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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
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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'
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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
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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
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Awnings or canopies
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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
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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
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UDC Amendment No. 2
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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
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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.
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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
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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:
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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
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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.
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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.
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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..
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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.
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UDC Amendment No. 2
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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.
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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
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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.
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