HomeMy WebLinkAboutHARC Bylaws 04.26.2022CITY OF GEORGETOWN
HISTORIC AND ARCHITECTURAL REVIEW COMMISSION
BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. Historic and Architectural Review Commission ("Commission" or
HARC").
Section 1.2. Purpose.
a. The Commission has the power and it shall be its duty:
1. To make recommendations to the City Council on the designation of Historic
Overlay Districts and Historic Landmarks;
2. To act and assist the City Council in formulating design guidelines and other
supplemental materials relevant to historic preservation or design review;
3. To approve or disapprove Certificates of Appropriateness;
4. To render advice and guidance, upon request of the property owner or occupant t,
on new construction or the restoration, alteration or maintenance of any historic
resource or other building within the districts; and
5. To perform any other functions requested by the City Council.
See Ordinance Chapter 2.50.
b. The Commission shall have the express authority to delegate review of specific projects
as defined by majority vote of the Commission) to either:
1. A Subcommittee of the Commission composed of at least three members; or
2. City Staff as designated by the City Manager.
c. Any permit issued pursuant to such delegation of authority shall require the signature
of the Chairman or Vice -Chairman of the Commission and any denial may be
appealed to the full Commission.
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Section 1.3. Delegation of a Demolition Subcommittee.
a. The HARC shall appoint a Demolition Subcommittee to review and provide a
recommendation to the HARC on requests for a Certificate of Appropriateness
for the relocation, removal or demolition of a building or structure designated as
a Historic Landmark or a contributing historic structure, in accordance with the
process established in the Unified Development Code.
1. The Demolition Subcommittee shall be composed of at least threemembers.
2. The members of the Demolition Subcommittee shall consist of two HARC
members and the Building Official.
3. Whenever possible, one of the HARC members to be appointed to the
Demolition Subcommittee shall meet one or more of the following categories:
1. Licensed Architect, or
2. Structural Engineer, or
3. Historic Preservationist.
b. The Demolition Subcommittee may consult with a licensed architect, structural
engineer or historic preservationist to review the request, and make a preliminary
report to the subcommittee. In this event, the report shall be made part of the
subcommittee's recommendation to theHARC.
ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Commission will be composed of not less than
seven (7) Members.
Section 2.2. Eligibility.
a. At least two Commission Members shall be property owners in the historic
Downtown Overlay District. All Commission Members shall be either registered
voters of the City or owners of real property that is designated as historic, either in
the City's historic survey or with a state or federal historic designation and located
within the Downtown or Old Town Overlay Districts. Commission Members who
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are registered voters must have resided within the City for one year preceding their
appointment.
b. Whenever possible, the Commission shall include a minimum of two Members who
are property owners in the Downtown Overlay District and a maximum of two
Members from each of the following categories having a demonstrated interest in
the downtown area or skills in design review. Members of the Commission may
meet one or more of the categories:
1. licensed architect;
2. landscape architect, professional planner or urban designer;
3. historian or person with expertise in historic preservation;
4. developer, contractor or realtor; and
5. property owner or non -owner tenant within the Downtown Overlay
District.
Citizens -at -large with an interest in historic preservation or urban design shall be
appointed to the Commission to fill remaining appointments.
Section 2.3. Appointment of Commission Members and Alternate Members
a. Members of the Commission shall be appointed pursuant to and in accordance with
the City Charter.
b. The City Council shall also appoint two persons, who would be qualified to serve on
HARC as Alternate Members. Alternate Members shall serve as alternates with
voting privileges for any absent Commissioner. Alternate Members shall be eligible
to be appointed to the position of Commissioner upon the expiration of the term of a
regular Commissioner upon the creation of a vacancy on the Commission
Section 2.4. Terms of Office. Generally, terms of office for each Member shall be two
2) years. Generally, a Member may serve two (2) consecutive terms. Refer to Ordinance
Section 2.36.030A for additional provisions regarding terms of office.
Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as
reasonably possible and in the same manner as an appointment in accordance with the
City Charter. If possible, the Member shall continue to serve until the vacancy is filled.
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An appointment to fill a vacated term is not included as a term for purposes of counting
consecutive terms.
Section 2.6. Compensation and Expenditure of Funds. Members serve without
compensation. The Commission and its Members have no authority to expend funds or
to incur or make an obligation on behalf of the City unless authorized and approved by
the City Council. Members may be reimbursed for expenses authorized and approved by
the City Council and the Commission.
Section 2.7. Compliance with City Policy. Members will comply with City Ordinances,
Rules and Policies applicable to the Commission and the Members, including but not
limited to Ethics Ordinance Chapter 2.20 and City Commissions, Committees and
Boards Ordinance Chapter2.36.
Section 2.8. Removal. Any Member may be removed from their position on the
Commission for any reason, or for no reason, by a majority vote of the City Council.
ARTICLE Ill. COMMISSION OFFICERS
Section 3.1. Officers. The Commission Officers are Chairman, Vice -Chairman and
Secretary. The Chairman is recommended by the Mayor and the City Council shall
approve the recommendation by a vote of the majority of the Council during the annual
appointment process. Should the Mayor fail to recommend a Chairman for each board,
committee, or commission, and/or the Council fails to approve any Chairman
recommended by the Mayor, a majority of the Council plus one may approve
appointment of a Chairman to serve as a Chairman without a recommendation of the
Mayor. The other Commission Officers are elected by a majority vote of the Members at
the first meeting after the annual appointment process.
Section 3.2. Terms of Office for Commission Officers. Commission Officers serve for
a term of one year. In the event of vacancy in the office of Chairman, the Vice -
Chairman shall serve as Chairman until the City Council appoints a replacement
Chairman. A vacancy in the other offices shall be elected by majority vote of the
Members at the next regularly scheduled meeting, or as soon as reasonably practical for
the unexpired tern. If possible, a Commission Officer shall continue to serve until the
vacancy is filled.
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Section 3.3. Duties.
a. The Chairman presides at Commission meetings. The Chairman shall generally
manage the business of the Commission. The Chairman shall perform the duties
delegated to the Chairman by the Commission.
b. The Vice -Chairman shall perform the duties delegated to the Vice -Chairman by the
Commission. The Vice -Chairman presides at Commission meetings in the Chairman's
absence. The Vice -Chairman shall perform the duties of the Chairman in the Chairman'
s absence or disability.
c. The Secretary shall perform the duties delegated to the Secretary by the
Commission.
ARTICLE IV. MEETINGS
Section 4.1. Time and Date of Regular Meeting. The Commission shall meet twice a
month on the same week of the month, the same day of the week, at the same time, and
at the same place. The regular date, time and place of the Commission meeting will be
decided by the Members at the first meeting of the Commission after the annual
appointment process.
Section 4.2. Agenda. Items may be placed on the agenda by the Chairman, the Director
of Planning and Development or designee (as Historic Preservation Officer), the City
Manager or designee, or at the request of a Member. The party (or individual) requesting
the agenda item will be responsible for preparing an agenda item cover sheet and for the
initial presentation at the meeting. Items included on the agenda must be submitted to
the Staff Liaison no later than one week before the Commission meeting at which the
agenda item will be considered. Agenda packets for regular meetings will be provided to
the Members in advance of the scheduled Commission meeting. Agenda packets will
contain the posted agenda, agenda item cover sheets, and written minutes of the last
meeting.
Section 4.3. Special Meetings. Special meetings may be called by the Chairman or by
request of three (3) Members.
Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A quorum
is required for the Commission to convene a meeting and to conduct business at a
meeting.
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Section 4.5. Call to Order. Commission meetings will be called to order by the
Chairman or, if absent, by the Vice -Chairman. In the absence of both the Chaim -Ian and
Vice -Chairman, the meeting shall be called to order by the Secretary, and a temporary
Chairman shall be elected to preside over the meeting.
Section 4.6. Conduct of Meeting. Commission meetings will be conducted in
accordance with these Bylaws and City Council Meeting Rules and Procedures, as
applicable to the Commission. See Ordinance Chapter 2.24.
Section 4.7. Voting. Each Member shall vote on all agenda items, except on matters
involving a conflict of interest, substantial financial interest or substantial economic
interest under state law, the City's Ethics Ordinance, or other applicable Laws, Rules
and Policies. In such instances the Member shall make the required disclosures and shall
refrain from participating in both the discussion and vote on the matter. The Member
may remain at the dais or leave the dais, at the Member's option, while the matter is
being considered and voted on by the other Commission Members. Unless otherwise
provided by law, if a quorum is present, an agenda item must be approved by a majority
of the Commission Members present at the meeting.
Section 4.8. Minutes. A recording or written minute shall be made of all open sessions
of Commission meetings. The Staff Liaison is the custodian of all Commission records
and documents.
Section 4.9. Attendance. Members are required to attend Commission meetings
prepared to discuss the issues on the agenda. A Member shall notify the Chairman and
the Staff Liaison if the Member is unable to attend a meeting. Excessive absenteeism
will be subject to action under Council policy and may result in the Member being
replaced on the Commission. See Ordinance Section 2.36.010D. Excessive absenteeism
means failure to attend at least 75% of regularly scheduled meetings, including
Commission meetings and Subcommittee meetings. If a Member is removed from the
Commission that position shall be considered vacant and a new Member shall be
appointed to the Commission in accordance with Section 2.5 above.
Section 4.10. Public Participation. In accordance with City policy, the public is welcome
and invited to attend Commission meetings and to speak on any item on the agenda. A
person wishing to address the Commission must sign up to speak in accordance with the
policy of the Council concerning participation and general public comment at public
meetings. Sign-up sheets will be available and should be submitted to the Chairman prior to
the start of the meeting. If any written materials are to be provided to the Commission, a
copy shall also be provided to the Staff Liaison for
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inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of three
minutes to speak but may take up to six minutes if another individual who signs up to
speak yields the time to the speaker. If a person wishes to speak on an issue that is not
posted on the agenda, they must file a written request with the Staff Liaison no later
than one week before the scheduled meeting. The written request must state the specific
topic to be addressed and include sufficient information to inform the Commission and
the public. A person who disrupts the meeting may be asked to leave and beremoved.
Section 4.11. Open Meetings. Public notice of Commission meetings shall be provided
in accordance with the provisions of the Texas Open Meetings Act. All Commission
meetings and deliberations shall be open to the public, except for properly noticed
closed session matters, and shall be conducted in accordance with the provisions of the
Texas Open Meetings Act.
Section 4.12. Closed Sessions. The Commission may conduct closed sessions as
allowed by law, on properly noticed closed session matters, such as consultation with
attorney on legal matters, deliberation regarding the value of real property, competitive
utility matters, and economic development negotiations. A recording or certified agenda
shall be made of all closed sessions of Commission meetings.
ARTICLE V. REPORTS TO CITY COUNCIL
The Commission shall meet with City Council, as requested, to determine how the
Commission may best serve and assist City Council. City Council shall hear reports
from the Commission at regularly scheduled Council meetings.
ARTICLE VI. SUBCOMMITTEES
Section 6.1. Formation. When deemed necessary by a majority of the Commission,
Subcommittees may be formed for specific projects related to Commission matters.
Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee,
has the authority to expend funds or incur an obligation on behalf of the City or the
Commission. Subcommittee expenses may be reimbursed if authorized and approved by
the Commission or by City Council.
Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open to
the public, except for properly noticed closed session matters, and shall be conducted in
accordance with the provisions of the Texas Open Meetings Act.
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