HomeMy WebLinkAboutORD 2011-04 - UDC Home Based BusinessesOrdinance No.
WHEREAS, the City Council adopted the Unified Development Code
(UDC) on March 11, 2003; and
WHEREAS, the City Council adopted Resolution 102808-S on October 28,
2008, establishing a new annual amendment process to the Unified Development
Code that included a UDC Task Force group comprised of members of the
public; and
WHEREAS, the amendment process established has been followed as
described; and
WHEREAS, the Planning and Zoning Commission reviewed the list of
proposed amendments at a special meeting with the UDC Task Force on October
27, 2008, and recommended that the list be forwarded to the City Council for
review; and
WHEREAS, the City Council reviewed the list of proposed amendments
at their regular meeting on October 28, 2008, and directed to staff to begin
preparation of the draft language; and
WHEREAS, the adopted Resolution established that some items on the
proposed list of amendments would not be on the initial schedule for public
hearing and consideration; and
i -n 14
WHEREAS, the amendments contained in this ordinance are the fifth in a
series of items the Task Force considered and completed for deliberation by
Planning and Zoning and City Council; and
WHEREAS, the Task Force conducted numerous open meetings to
consider the amendment items; and
WHEREAS, public workshops were conducted on December 1, 2010 and
December 2,2010; and
WHEREAS, the Planning and Zoning Commission conducted a Public
Hearing on the draft amendments at their regular meeting of December 7, 2010,
and recommended approval of the amendments to the City Council, with the
following recommendation related to Home-Based Businesses:
• The same regulations should apply to all of Georgetown
• 5.03.020.E with the following options: Signage (5.03.020.E.2.e) - Option 1,
Parking (5.03.020.E.2.h) - Option 3; and On-site Retail/Service (5.03.020.E.2.i) -
Option 2.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY
• GEORGETOWN, TEXAS THAT:
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 2030
Comprehensive Plan, Thoroughfare Plan, and Land Use Element as follows:
Vision Statement 4: Effective Governance
4-1: Efficient, Responsive Government
4.1.A: Our City government retains its reputation for providing a high
level of responsiveness to citizens and in exercising visionary leadership
in planning and investing for the future.
4.1.B: We have created and enforced innovative, effective, and fair
regulatory codes and development standards to guide growth and
improve development quality. We have streamlined the regulatory
process, particularly for desired development types and locations.
0V- '4 4-t- _-, , I I - ;'1 44
Land Use Goals, Policies, and Actions:
Goal 1: Promote sound, sustainable, and compact development patterns with
balanced land uses, a variety of housing choices and well-integrated
transportation, public facilities, and open space amenities.
10 Establish standards appropriate for new residential development
pertaining to lot sizes, open space, buffers, road connectivity, etc.
2A: Remove present inadvertent impediments to infill and re-
investment in older, developed areas.
2D1: Ensure that public and private initiatives preserve and enhance
historic resources.
and further finds that the enactment of this ordinance is not inconsistent or in
conflict with any other 2030 Comprehensive Plan Vision Statement or Goal,
Policy, and Action.
SECTION 2. Portions of the following chapters of the Unified
Development Code are hereby amended as described in Exhibits "A" through
"E":
Exhibit A - Chapter 3 Applications and Permits
Exhibit B - Chapter 4 Zoning Districts
Exhibit C - Chapter 5 Zoning Uses
Exhibit D - Chapter 6 Residential and Agriculture Zoning Districts: Lot,
Dimensional and Design Standards; Chapter 7 Non-
Residential Zoning Districts: Lot, Dimensional and Design
Standard; Chapter 11 Environmental Protection; Chapter 12
Pedestrian and Vehicle Circulation; Chapter 13
Infrastructure and Public Improvements; Chapter 14
Nonconformities
Exhibit E - Chapter 16 Definitions
SECTION 3 All ordinances that are in conflict with the provisions of this
ordinance are, and the same are hereby, repealed and all other ordinances of the
City not in conflict with the provisions of this ordinance shall remain in full force
and effect.
SECTION 4. If any provision of this Ordinance or the UDC, 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. This Ordinance shall become effective on February 23, 2011
and the caption shall be published in accordance with the provisions of the City
Charter.
PASSED AND APPROVED on First Reading on the 251h day of January
2011.
PASSED AND APPROVED on Second Reading on the 81hday of February
2011.
rettYe
s ca B 4
a S t
c ry
Secretary
Approved as to Form:
Mark Sokolow
City Attorney
THE CITY OF GEORGETOWN
George 't4,arver, Mayor
B. RgpLat Qualiftin as Minor Plat
C.-All 0 her Re It
1. A R lat not ot LQEvi— s e� - c La - -,joradministrativegproyal is outlined
alcoves
requjrea Public Hearing i fined action j) the PlaLinin gid Zoning
Commission,
._A ReDlat under this Section shall follow the application. requ remeu-jtsaet forth
for Final Plats in Section go
-3.o8.o B.
111 1 �lil , i 1111:11�� MIT=
A. Pursuant to the authority granted to the City by Texas Local Government Code
Chapter 211 and the City Charter, a Certificate of Design Compliance is required
in the following circumstances before the commencement of development within
or work upon any building or structure located within designated areas of the
City:
B. eclat uali �inzjs Minor It
—C. All Other Rg&ats
plat not otherwise uali ty n for administre(tiye ,i val, s outlined.
above re Liire� Pi ic - j-e— arin and final actiQn - —
the Planning and Zqi g
Commission.
2.- If, duriny the o e c!pdin fi-ye 3Kar any s - oftbLe area tober ate was
--(5)--. — --gp-
limited ov an interim or pgijmangntL zoning on to residential use for
not more tha Lwo 2
-L) residential traits per lot or oCin the r(L din lat
E :--,--anv �L — ---p- Qe -g p
was limited by (jeed-r-estric-tions to residential use for not more than two (2)
residential units per lotg con2-pliancQwith Texas Local Government Code
2.0-15.. as otiLtlined below§ s ILbe re uired, L --IditioraQ uir
tk2r� tmgmra-s
gf Paragraptj a above.
a. Public Notice shall
no less than QiL 15 dw to the ublic 1 -1-earin(Y.
-- - -E-- ---
Ism A notice of the Public Hearing shall be mailed. no less than 1S days ri oj:
L - p -_--_
to the Public Hearjn&,!Q-all owners of lots that are within tlig-oij inal
;g-
subdi,Asion and located within Zoo feet of Lhe prop o be re p�atte ,
V, at tinder this Section shall follow the a jgCtiork e qtt_ th
& ements set L r
---pp! -L- -- Q-
for Final Plats in Section --,.Q8.QZo.IL
t
A. Pursuant to the authority granted to the City by Texas Local Government Code
Chapter 211 and the City Charter, a Certificate of Design Compliance is required
in the following circumstances before the commencement of development within
or work upon any building or structure located within designated areas of the
City:
when such work satisfies all the requirements of ordinary maintenance
and repair as defined in Section 16.05, Definitions.
2---5jMjg:EaMj1y and Two
a. Whenever an addition is prQpgs&Lt_Q the -front facade of an existi
U9
snle-
- - - ---
anilyortvo-family residentiatqtructur off°
h Whenever c onstruction of a new Ie® sin gl
- a-mjylor two-family residential
structure or an addition to an exist
tbag Qntial _Eesi�L d
structure iLDjQp ose
that'Mll exceed n
4.08.020.B of this UDC�r
c. Whenever construction of a n�w sin,-Le-fan-ijjy-Qr two - family residential
structure or an addition to an_exts vo-_fami
_tj_ Ily
residential structureisprg,
-pQsed that either alone or in combination NNith
the existina-5tructure-, will eNceed the maxi floor -to -area -ratio PAR.
4P -LL�
ratio allowed pe �SectLi(�R
_4.o8.020.B of this UDC.
B. A Certificate of Design Compliance is required for development within the
following areas of the City:
C. No Building Permit shall be issued by the Building Official for any structure or
site located within a Historic Overlay District or other applicable Overlay District
until the application for such permit has been reviewed by the Historic and
Architectural Review Commission and a Certificate of Design Compliance has
been approved by the HARC.
1 111 r jillil
11111 T ; lljll�llijllq::1111�11�111111
fel I K� ILL,: &' I I �#M,
��lliql:ly 11
a. Demolition or relocation of Io�N, rntditt
U1 orhigh rior_it y stru �t uEe
_ _
T .,dtlay -p riod rio to -Liq issuance of a Certificate of _si n
Compliance i D 3 as follow
c. During this time period, the applicant shall be Ktq to address the
criteria listed in Section .j.
Q3�L
I 'rhe case shall be placed on the first H A
agenda for AnQther public
hear dela , period Qr . if
earlier the —coax p-le-figLumf the criteria ft LSegLjm2. i3- -05-Qfor Final Action
on the apDficatiQn for CDC. If the applicant has failed to cQmDly AtIj
Section 3,: ill be denied.
-13.(25,c) the CDC will
.e. If no alternative to demolition or relocation has been found and the
app-li-canit has m —Iied as Certificate of Desig i
,r
om fiance for demolition or relocation shall be issued by
C -ftie HA RC-.
3. If a sLi qgtures Lis demolished or relocated without-CDC approy I by HY�'�R .nQ C
g
additional HARCa roe ,alor building DeiLmit may htissue(tforil-ie ,o--er
_ _ issue( -ty
Lox a-periad of
, 26--da s5-. -n_ yX�q �on -vyh - - rtmoves a structure, a-c— cidgn-ta -
or
othenyAse
in violation of this Chanter and without CDC aa�raroval sl .a1 be
Y-g-qijjrtd to paya - gy the amotnt f $, �tQr-eac struct ure
removed.
qv� -'- I �
Definitions are those in the Design Guidelines for the Downtown Overlay District
and in the Historic Resources Survey of Georgetown, Texas.
High Priority. Any structure designated a high priority in the Historic
Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as
amended from time to time by the Preservation Officer to reflect an updating
of the List.
Medium Priojity. An v strucLuK4 designated j rr�edium priority in the llistorz�
Resources oore 1 8 as
amended from time tg t�rrae ley the Preservation Officer to reflect aa� �a -in
of the List,
•
M.
•
v Ire
M... WNW-
qv� -'- I �
Definitions are those in the Design Guidelines for the Downtown Overlay District
and in the Historic Resources Survey of Georgetown, Texas.
High Priority. Any structure designated a high priority in the Historic
Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as
amended from time to time by the Preservation Officer to reflect an updating
of the List.
Medium Priojity. An v strucLuK4 designated j rr�edium priority in the llistorz�
Resources oore 1 8 as
amended from time tg t�rrae ley the Preservation Officer to reflect aa� �a -in
of the List,
Low Prigi
Ji .Anv structure ndesi jg -. aced a lowirL��Lbe Historic
— prig fty J
Resources Si G e _or g, e- to
Av.n exasbbardy, —He—& —Mo gLt-
4--
amended from time to time hy the _Rreser patio ,
_Qfficet to reflect
an up dates
of the List.
List of Priority Structures, structure I y, listed in the Historic Resources
_
at4 Ie oaf Georg��owii,Texas-b Hardy, Heek& Moore ,198A as amended
from time to time by_tlle Preservation Officer to reflect an ngdatin of the
--g--
List.
A database of the addresses of the high,, mediurn,and log y priority structures shall
be maintained by the Planning and Development Department. The Preservation
Officer shall be notified by the pefmit pefsennell Li1aatetion Services of a request
for demolition or relocation permit based on the Historic Database and shall
place the item on the first available HARC agenda. No permit shall be issued until
an application for a Certificate of Design Compliance is approved by HARC.
3.13.020 Review Process
A. Initiation
Initiation of a Certificate of Design Compliance may be made upon application by
the property owner of the affected property or their authorized agent.
M707"I -151117711 Ills 11,I111
320=2
0
Projects that involve infill construction or the substantial rehabilitation of an
existing structure shall be required to submit preliminary information to the
Historic and Architectural Review Commission and to appear at the regularly
scheduled meeting for conceptual review prior to making an official application.
Materials for the conceptual review will be submitted to the Director at least
seven (7) days before the regularly scheduled meeting so that it can be included
in the packets distributed to the Commission.
Application must be made in format consistent with requirements determined by
the Director. Applications must include all materials determined necessary by the
Director. Format requirements and materials required for the application shall be
made available by the Director in advance of any application.
JusUffic ion Sta ment
At
ih molition or
relocaLion is sought for one or more of the follo in reasons.
Av--g- : —
a. To rgplace the structure %Jth a new structure that is more Ap
-prQpriatt-and
b. No economically viable use of thtDrqTerty Exists.
c. The structure posed an irmm�nt threat to publicelt or safety
d The structure is noncontributing
to the historic erl;qy district and is ngt
historLegAl-
e. OtW secial circunistaneesas desert ed and-iust—ific oN-
-d�,—tht-a-ap-li—cant.
b--
2. _Ap )IicaIL g:iremqnts,
a. - To replace the structure with a new structure that is more -ap o rLat�Lqijd
p - -
!;orrjpgtible with tIje historic overlay lis ri(j ILe fWLo�Lyjng information
may be required:
i. Iii-vvingaphQt i ha r ritten descriDtions de sting h --o irv.Ll
Eggjap th rigL
construction of the structure.
ii- Dra v ,�h %,ritten escriptiQns d iQt hezurre�t
Ain
condition of the structure.
iii. Any condit-IQ
-Lis the appliont reaLuestigg demolition i5-yQlLintarily
placing on f1jnew structure to alt to tI e loss of the current
structure.
vim_. rwAr` s. of the new structure by a licensed architect.
v_ . A z-uqarraanntttg�e� bet-ween the owner and th!nCi1ty Lhgt
demonstrates the owner's intent and financial ability to cQnstruct the
new structure. The Zuarantee agp e rat must:
iacontain a covenant to construct tke pjQpased atruct
ui
:e by a
-
s_ tic date in accordance vpith architectural sLrawrings appi yed
i e rocess*
(2 Re i:Cirk LLhe —owngr or construction contractor !Q-p ,D sUi
-
p!Qrforraange and paym eat bond, letter Via# c e it _escrow
njge�ae��t, cash. deposit or ether
director to ensure construction of the new strueture, �Ln(j
L3.LBe a (I as to f --b the '
Wro ve— — -am i C-kttor MA
by d-- -
L4-.)--L(- the -pro'ect s�Rb ecLtQ the erfamance qnd V meet bond letter
� _L- -;ky- --� -
afereq'i etc. as noted in SectLoq 2 above- is ncat constructed
within the time limit of the financial see the funds from the
,sec rit sha I l alZen by the City-and laced in a Preseiwation
Fund. These funds that shall be used for zeservation purposqs
and achh7ities such as
demolition, �yin jfor rQs
�toration and ether studie.9 ra
o�p liegn
-L— -p -j-
ts
lArith financial haids hipa and other efforts to furt ieLpreservation.
A. AppiLoyal Dfja Certt cqte of Desig C
structure., if a ji:ga:[)Ie.
—
b. Of no economically vi ble use Qf th , rgptrt,6 the folLowing information
L the fast and cr °etessf the stz €care aid rcr
Vii. Drawings pl
-jotQSr, h� or writt i�sgL.i . fio s de
L —43-1�� 1V -- --��n_d - �p -u—
condition of the structure..
iii. hoto DrawjijZsprgphs or written description de efing1heoriginal
construction of the structure.
ix, - An
a (_:gL.qdftiQns the §Lppligant r ea
_ifir demolition is voIjintari
gqi -
pjacing on LlIe n(LA' atrU.CtUrQ 0
structure.
N', The date an" ripe Df puichase or_DthQi a-4 i�itjon af the structure
-6. The assessed value of the structure and propert , according to , he hyQ
f2ji-R cyst ixecentta LssgssineLrj�ts.
2 z - — - -
A Ap �fit acrd loss statement for the propes and structure co tainjn
L_g
t'L,t__anrjqLa_I gross incorne fear _ — rtjjQUStLV J21-,Las a-- d itemize
d
Mgises Ch ncluffigop emd
d�tratjn maintenance costs fear the
-__
previous t 12lytirS.
xii. All ca ital the current o,,�Ln hi
pig�tuditures duriW — - — _gj�
xiii. Arestoration stud -of the strweture, Jncludingth fQIIowj
_
LLIAL,
written reWrt access _the, ondition Qf t e sti�,,&- are, qRd_
fj� _ _
2-. feasi erf 6 I!aed architect or enguie(g,
L—_ -
�Lliis sjudy--should nal ze the feasibility=5truct relly and
_y
finangLally -- of restoration nd/ iLdaptj e reuse of the gruatupe
_gj_ -gri — - y— --t- __ — -1
xiv.The QpI cant ex lal-qi -Sho the followin eco-nQniicallvyi�able
alternatives available to the demolition have beenqddrqssed
hig-lu
ALnZ:
C1.) Donation_gf a _part of the value of the subject structure or site to a
,public gr
_jjQnp ofit a ericyjin
de.v—elo4:-)ni-tLitri,-Ilia-and�fa add ea _emen_t
_L2. )The gtential of the site re or s &Erezonin g�
suIbLectstrugtui i ar,
L_ — q_
eftfortto render such top r r More comq4fibI(jNNjth the physied
rep
the strr €ct€ar €�.
c. To demolish or remove a structure thatp
. c ses an imminent threat to
pjIblic health or safety, fti OIIQ�jIiUgj]j,0,7 leg required
g�L_ _ :j_ jr-_ —
L Draj�Augs_photQgrWa ip.written descriptions of tht current
mliditton of the structure.
H. e and severfty of
the threatpfffcormed. b
_y,a-licensed architect or r,
iii. A restoration stn of the structwLeLhIcII
d 1d g the following:,
--y ir — ------ ,
I Documentation. of thg a,-- tL
e, -)f e. structure.
iii. A statement-of jLq utp e of the demolition.
p_ -as
e. To demolish or remove a structure used on other Special circumstances,
the folloNving-r-i e e -fired:
rare
Dm
flZaga,p lac toprra hs or written descriptions de J.cttiLigtheLori-jnal
ME-str-u—cti-o—nof the structure,
�r_q L -n g s, -P l ctc l2s carwritten descr . Dtions de rf-tln -- the current
condition of the structure.
iii. -conditions the ARplicant requesting demolition is vol untq&
,)Iacin,-on the new strujIt " the
�ure QLpro to
cal
current structure.
iv. A-LestoratioilstjAy a - Qf nIre timicture. iLicluc in ttiq f j
:llowi
_11_ - -D—g-
(1.) An_LnApLe!qtign 'y impgaor. vybo�jhatl de q
_11icensed homg�
en r
writtL--gpgrtac(Less the cQnditLon of LIL, _atrueUu and
{ 2 } le-m—ibility-s
AudyDedairnedb alicensed architect or bra neerg.
This studv should analvze the feasi
UPI&= str turall - ajCd
jj!��
finan all - gf restoration and/or vt
_!q� - - _aLaptL reuse -of the structure,
v. Dmra-mdngsa_ of�'the n�e�Lure by a I ensedAjjjehitgd �ifa licable.
6. If.a new structure is-p guanm_ igreernentbetwe(m the
mposed.a ftt-a
own r= and theQLt lLat denjonstrates the owner's intent and financial
ability !Qjz rrs a ct flee rre sLi:uctjjre. -The -gu
Li__.) Contaiqa ven a
-L-qQ-- __qnt to construct Lthhe -propased structure j2y ,
specific date in accordance with architectural drawings _apprgyed
by thhe Qit3L!hjgngh thg� Certificate c Deai= Complian
f2.L eq uire the owner or construc tion co retract oLia
-post a
erfc� erica are. east bcarad let�e�° f credit, escrcativ
reement, cash deposit or other arrangf�nqent acgep ale to the
-
director to ensure construction of the new structure- acrd
e a )roved as to form by the
)rove
_6i. A -iLoval of a Certificate of Design Coma _dance for th-epro (_,,sed new
p� — p
St L-ucture, if iea
flan addressirIg y at will
be developed on tIj
site after the demolition or reIocqjLQajnd -glovide
v 'fication that t� arQtinqnciallv �qbLejo ���� Io ment.
er]. --Ity
1. Relocation in "istoric Qistrict
If the structure is moved to a site within the historic district:
S. Other Evidence eeste
Anv other evidence tht-ILA-R-C-C-1-ty —Councilor dbn�,-Loi-ieautats-
(j. OtheLARp
Lcant Inf VL m i @Coij
Any—othme-yi-de—neethe PmPeM-owner wishes to submit.
7._ eowners
1. Stan ding_Sukommittqe or Sub miss sire ion R etas
_ _-9Q -
Upon submission of an application, the Director shall determine whether the
application is complete, as described in Section 3.02.040.
FG. Staff Review
Once a Certificate of Design Compliance has been initiated and the application
deemed complete, the Director shall review the application for consistency with
any applicable criteria for approval.
The following applications will be reviewed administratively:
a. Landscaping;
b. Residential fences;
c. Exterior Paint Colors — Residential pro eri:ies in the Dgwntown Overlay;
and,
d. Demolition of a non - historic accessory structure.
a• i i ° ., c, ..
A Certificate of Design Compliance for exterior signage shall be reviewed
by a standing Subcommittee appointed by the Historic and Architectural
Review Commission for this purpose. This Subcommittee may approve
the Certificate if it determines that the application is consistent with the
design guidelines. This does not preclude the submission of any
Certificate of Design Compliance application to the full commission for
review if the Subcommittee believes that such a review is warranted.
3. General Criteria
a. The Director may establish procedures for administrative review
necessary to ensure compliance with this Code and state statutes.
b. The Director may assign staff or consultant to review the application and
make a preliminary report to the Director.
c. The Director's report may include a recommendation for final action.
G. Economic Review Panel
RC shall improve an ad hoe three- ef__rso econo€nic review 2riel, whose task
is to review the financial portions of ap lications of no economically viable use €2f
Lhe_prQperV. The review a el shall consist of three f 3 persons knowledgeable
in the local real estate econonry, renovation and redevelQpnieut.
. Res tritin ee -anal
. Selection of Review Panel
The economic reNiec panel ustnsist of:
a. One paraon a%ntec bth Cites c�ucil upon rec�mendatia of the
HARC, and
b. One selected by the property owner, and
c. One shall be selected b ty�he�first tv o appointees. if the first two
poirtees cano agtee on ,�a third appointee within terns days sf
receipt of libation. by the director or designee, then the director will
select the third
of-the
Texas Historical Commission.
3---EccLnomic Panel iew Rck "ear
yj in
Kithi n 45—da -E cif appointment. thq economic review
ion on to HARC.
The HARC shall determine whether to grant a Certificate of Design Compliance based on
the following criteria:
A. The application is complete and the information contained within the application
is correct and sufficient enough to allow adequate review and final action.
B. Compliance with any design standards of this Unified Development Code.
C. Compliance with the adopted Downtown Design Guidelines. as mfaKj2e aLnelided
from time tLLti rn A�
!me,, F �j specific to the applicable Historic or
k� dinanee No. 001 -40"
Overlay District.
D. The integrity of an individual historic structure is preserved.
E. New buildings or additions are designed to be compatible with surrounding
historic properties.
F. The overall character of the Historic or applicable Overlay District is protected.
G. Signs that are out of keeping with the adopted design standards, and are not in
character with the site or landmarks within the Historic or applicable Overlay
District in question will not be permitted.
H. The following may also be considered by the HARC when determining whether to
approve a Certificate for Design Compliance:
:t. The effect of the proposed change upon the general historic, cultural and
architectural nature of the site, landmark or District.
2. The appropriateness of exterior architectural features, including parking and
loading spaces, which can be seen from a public street, alley or walkway.
In determining whether to issue a Certificate of Design Compliance for demolition or
relocation, HARC, and, on appeal to the City Council, shall consider the following
criteria in addition to the criteria specified above.
A. The uniqueness of the structure as a representative type of style of architecture,
historic association or other element of the original designation criteria
applicable to such structure or tract.
B. The condition of the structure from the standpoint of structural integrity and the
extent of work necessary to stabilize the structure.
�RrIiiisir i MIN,
----------------- ... . Q.
CD.Status of the structure under Chapter 15 of the Georgetown City Code containing
Building Safety Standards and rules governing Dangerous Buildings.
-1. For a request to jQ lace _a.. structure with a new structure. unless it finds:
a. The new structure isiortapprgpKlate and cop2VatibIQ_wijh the histoije
overla_y_ district than the structure to be demolished or relocated.
b. The owner has the financial abfiLijy.and intent to build the ne�N, structure,
HAC must firs e
before it mgy_consider the re uest for demolition or removal.
2. For a re nest to remove or demolish a structure that has no economically
viable a it finds:
a. The structure is iRca �able af earning a m
reasonable economic return unless
L--
the demolition or removal is -allowed. A reasonable economic return does
not have to be the rnost_pji:ofitable return-possible.
I � other use whicl ,yould rtst ljt in
D The structure cannot_t�e adapted for an -
a reasonable economic return.
ci The ow'nel has tailed dAring th�last tim-C2j)-years to find..a develw� er
p -,
financier_, tenant rchaser that would enable the owner to realize a
reasonable economic return, dsite reasonable efforts to do so,
I moved -om. section C above. HARC shall also consider the
fi
economically viable alternatives available to the demolition applicant,
including:
i. Donation of a part of the value of the subject structure or site to a
public or nonprofit agency, including the conveyance of development
rights and faqade easement.
I The possibility of sale of the structure or site, or any part thereof, to a
prospective purchaser capable of preserving such structure or site.
iii. The potential of such structure or site for renovation and its potential
for continuing use.
iv. The potential of the subject structure or site for rezoning in an effort
to render such property more compatible with the physical potential
of the structure. The ability of the subject structure or site to produce
a reasonable economic return on investment for its owner, provided
however, that it is specifically intended that this factor shall not have
exclusive control and effect, but shall be considered along with all
other criteria contained in this Section.
3--- minent
threat to-pqblic health or safet unless it find:
a. The structure is a documented major and . inuninent threat to public
health and safety.
b. The demolition or removadis
,,--rg-quirWI to aUviate t e threat to ublic
�y
health and safety
p
q. There is no reasonable qth r thaji demolition or remmal t
ite
the threat in a timely -tuannex.
4. --Eor a request to demolish or remove a structure that is noncontrLbuting to the
historic overlay district unless it finds that:
a. The current structure is noncontributL-ng-tQ the historic ove d s rict.
b. The structure is newer than the period of r the historic
oyerlaydLst�ict and is not historically significant.
c. Demolition of the structure will not adveragly affect the historic character
of the pro peK13LQij the rote ritr of the historic overladistrict
® pox request to
eircurastLa..neesunless it fiIn(1,5.
a. The new structure is more
Lap-P—ro ig-t—e—and compatible ikth-the historic
Ovehay district than th structure to be demolished or relocated.
-e
Via. The owner has the financial a and intent to build the new structure.
HARC must firsLappiove the CDC. , if rewired. for thtnewstructlire
L------q ------ — —__
befoLe. it may consider thee r p_ estfor demolition or removal
3.13.050 Criteria for P&Iayed Demolition
If a CDC has been d
Mayed-pursiiantlg Sectiu. i oio.�D.?- the Ap licant shall add.-ess
2�� --,— -p
each of the folloyriny, criteria for HARC con-aideratiou-prior ! o return �Lo Hfog:. flie AIRC — --jng� — —
CL DC mal jif the information ham been re-yriousl submitte d:
A. If the applicant has not g1reagd e�Ltbeinforrnation,lhcy hall. oNide
yp Q
L _�JL
pi
rofessional documentation regarding1h condition of the structure from the
standoff of structural1integrity and the extent of -,NoeK necessary to stabilize the
structuiLe.including.a financial summarv%
B. -Lf the applicant has not ak ady royi&d the information, it st provide a
site Galan addressi rh t 11 be devil on the site after the demolition or
removal and pxgNjidt -%, erification LhqJLL11gy arfinancially -able to complete the
L
ey&
C.- , 17he-gpphcant must atteiLd a me�etinganLzqj additional site walkthrough-AyLtli-the
Preservation Officer and atleast one f -tI.d to ic oL missioner
,Mthin three (3) nionths after the start of the delAy_p tE iod.
_
D. The applicant shall be
. ------Le-q-u—ir-ed—ig-pr—oyLdt-p-tgof that -facLe,,vLt5-public� notification
Lo—ffline and toLaQvspaper —listi nglpft-ring1he donation or !he sale of the
structure or materials no later than mays into the delay PQ iod.The
aQ r:—
notification format nujst-b�a (Ag�tbythej2iLi�ectgr rioEt such notice bein
piL -p--
I�Iaced.
E. limit t shall provide rQQ h--tan�,stat�eorfe�deral�etEimoULior,-
reclarirea�aents Dave been. mete i_ a 1i���ble state gar nationall�a ~eistered
structjgLes) Apr or to the end of the _delay period,
F. HARC-mgy rec .
g
�ue additional conditions be-niqLd grin delAy-p-griod..
6V
C. HARC shall hold a �lic hearina� ��itfain � days of the hearing held by the
economic re-%?- ar deny the rt f(L i1est i: demolition becausq
q - — - -
of no economkaftviable apse of the aroo rtv e i t ,
QG.An application before the HARC shall be considered approved by a majority vote
of all members of the HARC.
3. 13.070 After An r° vial of a Demolition or Relocation
A. Once a CDC for demolitionlias bqen ap rove (lthe follo vin shall Lb red.
ik rrnanent record of a significant structure before demolition. Therecord
shall consist of black and -white laot Eto and other dqments such as
�ggphs
a. Clear the structure g fickly d toy ly _L -ri tho L
gj_ _ _ h_ , _
4--___L"1ai1',
ILIL(L-site or a Mr iatdl aintmin-itmfili is nai
QIK�— -Y� - L� — ed. If the site is to
remain vacant for over one
.----LiLyear,,Lit--,hou1d- be Wi ved tq flecLaij
appta—rauce consistent -,pith other areas in the district.
B. Once a CDC for removal has begin appioyeddie —f lo -hall e requ:irqd.
&-Aying— -b-- - --
i. Document origin -y
--,L11 site conditions before mo
p L.c�tograph,,j and other written or Zra hic items stich a s site. m:j to record
f1je-grigLal seLing, which docuLnent,-Lry idtnc all be submitted to -the
_�Q�
Historic Preservation Officer.
gii��1111
A. It shall be the responsibility of the Director to issue the actual Certificate of
Design Compliance following approval by the HARC, with any designated
conditions, and to maintain a copy of the Certificate of Design Compliance,
together with the proposed plans. The Certificate shall be forwarded to the
Building Official. These shall be public documents for all purposes.
B. Work performed pursuant to the issuance of a Certificate of Design Compliance
shall conform to the requirements of the Certificate. In the event that work is not
in compliance, the Building Official shall issue a stop work order and/or citation
as prescribed by ordinance.
No application for the same project shall be considered within 18o days of the rejection
or disapproval by the Historical and Architectural Review Commission 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 Historical and
Architectural Review Commission at any time.
3.13.0100 ExRiMtion
EW�117
Digital maps, created through the use of geographical information system technology,
containing registration points recorded on the Texas State Plane Coordinate System, as
amended, may be used in the administration and enforcement of this Code. Digital
Mapping iaNay-aff-ert- represeint,46:at will not replace the paper originals of official maps,
but may re t eLit the most accurate and up_tLQ-dp -�g information Lq et�yeeq rLintiaga.
-- — pL�s --
Downtown Overlay District and obtain a Certificate of Design Compliance (Section 3.13)
from the Historic and Architectural Review Commission (HARC).
a. Any exterior alterations to the following types of structures:
i. Commercial structures;
ii. Non- residential structures;
iii. Bed and Breakfasts; or
iv. Residential structures, if such residential structures are used as or
changing to non - residential or commercial use.
b. Any new construction on vacant properties within the Old Town Overlay
District if the property is:
i. Zoned for non - residential use;
ii. Located in the TH or MF Districts; or
iii. Changing from a residential use to a non - residential or commercial
use.
c. Site changes for non- residential or commercial uses.
d. Construction of sin _roily or t€vo- family residential structures or
additions that exceed the limitations of Section 4. 9.0303 below.
The development regulations of the underlying zoning district shall apply in the Old
Town Overlay District, except where such regulations are in conflict with the Downtown
Design Guidelines and as set forth below. In the event of a conflict between the
development regulations of the underlying zoning district and the Downtown Design
Guidelines, the Downtown Design Guidelines shall apply. In the event of a conflict
between the development regulations of the underlying zoning district and the
provisions of this Section, the provisions of this Section shall apply:
AA. Non-5 ilffi it _ �T it psi ii i ent
ftguliffions
The parking standards of Table 9.02.030.A shall apply. Alternative parking
plans, as described in Section 9.02.050.A of this Code, may be considered.
The sign standards contained within the Downtown Design Guidelines shall
apply. In the event that no standards exist, the standards of this Code shall
apply and may be modified in order to more accurately reflect the express
language or the intent of the Downtown Design Guidelines with regard to
signs.
r;,
Site landscaping requirements contained within Chapter 8 of this Code shall
apply, in conjunction with the design criteria in the Downtown Design
Guidelines.
in Ale- Framil and Twg:f@mily e 31 Devel Pment R
q—� It
I. Additions shall not be made to the street facinv facade-fe, ludin le, of an
-1c -1 --- &W_-y5J-
misling-&nzle family or hm--fa-m residential structure within the Old Town
a71— — -- ily-E— -�
Qverlay District-, unless ,L Cam- l� ui;LrQ�e-d-- -gym IAR.Q in —,1ccor&11-1cQAv-ith-!h-e
adopted Desig Qxuidelines,
din le jamily aiLd twee - L mily residential structures vvithin the Old Town
Overlay DiLA&Lsliall not exec: h�i�ofQe n I-Lei&t Flo'Lye—ver.�FARQ
UL -ti— - _
may approye a &DCin accordance Nvith the adopted Design Guidelines, to
allow utilization of ict.
3-- U Dp � gi ejani two -fa and fly residential structures within
stories of singl -L
the Old Town Overt and
fffLt-tn f 15) foot rear setback. l oweverz HA RC Mayaaprove a CDC in
accordance with the aLdgptgd Design Guidelines to allow utilizationL of the
setback Etcluirernents of tU LiEdgjyin LZ o districts
� ,�L ning c. -
-- - -
4. The floor-to-area-ratio of a niggle - fancily y or tw-famil
-LFAR)
parcel within the Old'Fo%Nn Overlay_Dist.rici shall not exceed o.6r unless a
CDC is cored bIZC in accordance with the adopted Desi n Guidelines.
If the Special Exception is granted, the following conditions shall be met:
3.--R4h-e��-,�tted-,etbaA�-,4n-ek�eess����,
-Pla-RR-h �,�Ze-Ri-ng �Gffiai-ss�-,
Home Geeupatieiis—Based Businesses are permitted in accordance with Table
5.02.o10 and subject to the standards and limitations below.
g. The home-based business shall - create no disturbing or offensive noise,
vibration, smoke, dust, odor, heat, glare, unhealthy or unsightly condition,
traffic, or parking problem;
h. The heffie oeeupff.oft shaWnotfesuftl nt OR tfeet- ef on s+Lfee+L pad-ding 6,17
ffiefe 4-1- 4-- f2" ,Pxel, J - ' ne tiffie not &wned I— me—l-efs- 17 EM,
I.. an ,"- %, j ...Ies at any o
eeeapa-4- fainily;
h. On-street parkin g-utilized by the business shall p& be allowed aloLig the
prQp�t_rtyline of the hoine-based business residence and as allowed 1)y jcurrent
C11y codt-AQff-street ki� ng i- imite— o existin paved and the
business shall not result in the -increase of on -site parking -a as,
i. The heme eeetip-ati—aft S..a. HIWO.Ve no on site retail sales of sef—e.,
L The home-based business shall involve no on-site fetail sales or- services.
However ,if the -,qctiNi s k��pt;ILL a small scale (m gning engrally one or two
U! — _g __
pe9ple go ct n he Qtin
business or meg v th cLientaland the business
_L_ _ _j_j_ _ _ _
remains co liana with the limitations of this no
Chna ptee th fg shall t.
Lj_ejollowin,, sha
be considered services:
LI) i—nd�1Ni—du.-iLacadizi---nie, music
,dance ph QtaZr2,Vhy rt> hobborsimilar
instruction or studio,,
L2) seamstress or tailor.,
3..Home-Based Business Enforcement
If Code Enforcement receives a compki
shall be the res on-02 t f tlLe gyrator of the business to demonstrate
tysjf_ -ap-
�Q�Iiami e with the above stqtedlimitations and this Code.
IMM
A columbaria, consistent with the definition of the Texas Health and Safety Code
711-oo8(b)(2), is permitted in accordance with Use Table in 5.03-olo as an
accessory use, subordinate and incidental to, a Religious Assembly Facility,
subject to the following standards and limitations.
1. A columbaria located within a separate structure that provides adequate
screening from adjacent properties shall be subject to the development
standards of the zoning district.
2. A columbaria located outdoors shall be subject to the following standards:
ab. The columbaria shall be set back a minimum Of 25 feet from the property
line.
be. The columbaria shall not exceed eight (8) feet in height.
A Landscaping shall be provided at a ratio of two (2) square feet of
landscaping for each square foot of columbaria area, in addition to the
minimum requirements of Chapter 8 of this Code. Said landscaping shall
be incorporated into the overall design and placement of the columbaria
Table 5.04.010 Commercial Uses
>w
Chapter 6 Residential
Districts:, Lot Dimensional and Design Standard.1
6.05.020 Setbacks
The setback provisions in this Section apply to lots in the Agriculture District and all
Residential Districts, unless otherwise specified in this Chapter.
A. General
,. No building, atnIgttlr or other develo mgnt feature shall e located � t: inin
required setback or_ and unless other vise specified in this ec�tion.
2. No part of a setback or other open space required in connection with any
building, lot, or use for the purpose of complying with this Code shall be
included for any other building, lot or use as part of a setback or open
space.
. When determining the setbacks for corner lots, the front lot line shall be
adjacent to the shortest street dimension of the lot. In instances where the
lot is relatively square or otherwise unusually shaped, a request may be
made to the Director for a determination of the front lot line.
Chapter 7 Non-Residential Zoning Districts: Lo)
Dimensional
Table 1 4 Non-Residential Lot and Dimensional 'a Standards
District Size, min. acreage
--
5
--
20
5
--
--
5
Lot Width, min. feet
50
50
50
50
50
50
50
25
Front/Street Setback, min. feet
20
25
25
25
25
35
25
0
v 0
CL
Front/Street Setback,
0
0
--
0
--
--
0
--
v c
Build -to Option,
°
cn
Refer to Section 7.03.030.B for the Build -to Option
Front/Street Setback,
0
0
0
0
0
0
0
m
C Q
Downtown Gateway Overla y
c
CD
Refer to Section 4.13.040 for Downtown Gateway Setbacks
CD
Side Setback, min. feet
5
10
10
10
10
20
5
0
�o
Side Setback to Residential
10
15
15
15
20
25
15
0
District, min. feet
Rear Setback, min. feet
0
0
10
10
10
20
0
0
Rear Setback to Residential
District, min. feet
20
25
25
25
25
35
25
0
I RF
Building Height, max, feet
30
35
45
45
60
60
45
40
1 75
Bufferyards
Refer to Section 8.08 for Bufferyard Requirements
85
Landscaping
Refer to Section 8.03 for Minimum Landscape Requirements
(d)
Impervious Coverage
Refer to Section 11.02 for Impervious Coverage Requirements
A. Minimum Lot Size Exception-s
b.acks General
1. No buildiLngstructure or other deveto pqient feature shall be located Nkithin
a_r iired �&ack oryaajin1e!ja_oLhtz ise i�d Ln this Section.
2. N art Qf a sedback or otlage�r_ n spac r uire hLc
D p _Qpnectionwith
2RAKim-aw
hji__jil�din 1�otor_st for he purse of con pl n Nvi�thtbL1 Code shah jje
included for another building,1ot QLjj,seas �artofa setback oLDpen
5pace,
Anv setback toA Im i-i lie street shall. be considered street setback and meet
_p
the required front setback for lot dace t to the street.
11
'a
Table 11.02.010.A Impervious Cover (max. %) for Non-Residential Zoni
Districts i
1. Drainage facilities are not allowed within the front setback except those that
are necessary to convey drainage in the shortest possible route to or from the
street right-of-way, as determined by thQjDeyg1op-.jjtnt E. nZinqer. Drainage
Non
Residential Zoning Districts
Not Over the Edwards Aquifer
C_
MU_
CN
C-3
OF
I RF
I BID
IN
I DT
MU
TOD
All properties 5 acres or less:
70
70
70
1 75
1 70
1 :L
85
70 (c)
F
(d)
(d)
All properties greater than 5
70%
acres:
1. Drainage facilities are not allowed within the front setback except those that
are necessary to convey drainage in the shortest possible route to or from the
street right-of-way, as determined by thQjDeyg1op-.jjtnt E. nZinqer. Drainage
facilities include all detention ponds, water quality ponds, outlet structures,
drainage berms, improved channels, or other improvements associated with
the drainage improvements.
® All detention ponds and water quality ponds within the street setback shall be
designed to the greatest extent possible to conform to the natural terrain of
11 1' •
12.02.010 Type- e--10 lPe%-1A1&.QV%A 11"21 11 ClIkAfffities General Requirements
(moved from 12.02.020)
B. All required sidewalks shall meet the req flrements in this Section
prior to
Certificate of Occupancy.
J. The installation of residential sidewalks mLqy be deferred until ie cor
d unti_ -,stjnc:tio-n of
a residential unit on each
the
thin the subdj.. sioq, iucludi"
upon s ace lots. conttnon lots and all o #her street fora e I be constructed
with nfra
istructur
.—=cture bm rovements and cannot be deferred. To atialiN for the
�p
deferment of residential sidewalks the er i
&ytlo u
--p—,.IutstpaV20/otthetQt2lLcQst
of the un-installed side 3y
_a1k
jmpEovei- ents to ILIE&iL for q1l€ Qation to a
AL Cites for _ _ _
residential sidewalk fund. These funds rill be held for the 'apecific sul�div-iso11
aid "rill be used to finish sidewalk construction for the subdivision or subdivision
pbase for fives _LSD -gears after the first building permit was issued. After the five (rj
ytar tune period, jhtjC:1W will use the funds to co lete the remq:jniA-i de-,Lyalks.
-IM–MP
Any re na funds will roll over into a_gerterg sidewalk fund.
!maini -- -L -:u
a. 91=0 iMMI.N.". Ml M'I —!. ^– Elm rz: -- YEN= -. --5 E.-EYR-5-M --�l M ?-ZT—�EMWM
12.02.020 Geometric and Design Standards for Sidewalks (moved
from 12.02. 030)
I I: jilil
ji 111'' 111! 111 IT z4t�� ; ; III I i
b. Fees--in-Lieu
If the 'te
-a"ualif
�i�s for an Alternative Sidewalk Planbut the-al-ternative
pLeAQI-ztr—ian-LQU—t(�-� L nest apprDygd the Diregtor,,,q fee-in-j L
Qu will be
3® With a Housing Diversity Development, any combination of sidewalks,
walkaeees-sways, bikeways, trails, etc., intended for use as a travelway for
pedestrians and/or bicyclists-may be approved by the Director to serve in lieu
of the required sidewalk. The Alternative Side�yyalk Plan shall be a minimum
of four W feet on at least one Li side of each street. A request for an
Alternative Sidewalk Plan shall be submitted for consideration at site plan or
plat review. (moved from Section.Z2.02.010)
B 9. __&ft -Participation
An_-1UEimriJt mU re t
q
irnprovernen:tscesary for Site Plana r avl end develop ent. Approval of
cost parUcipatiQn sLiOl b�t�de �b e City Cound,1 recommendation of the
Mirector. (movedfi-om Gem me and Design O-itez-iafor Bicycle
'clines)
Chapter 13 Infrastructure and Public Improvements
A. Ek- tyjffl) Pei qent Rule
The provisions of this Chapter shall not apply to residential development
processed as a minor plat, or final plat of a resubdivision of four (4) or fewer lots,
when 8o% of the adjacent lots are developed. The development shall provide
infrastructure improvements to the same, or similar, level as the adjacent lots.
B. Excl sions t t
Iffl)_Rercent Rule
The 8o% Rule extmption does not_apply_t_o the folio Ong_
j. Section 13 1 -O 3
fLM
_oamnentalion and Control Point Tqa r eral)
2. Sidewalks, but Qn! if identified on k Ma the Sidewa'ster Plan or located
y
See
within i -irk Section 12.02.010.
000 feet of a school orTg�Qr
!,-7.
In the absence of any provision to the contrary, the subdivider shall provide the
following improvements, as approved in the construction plans, in conformance with the
standards, specifications and requirements of this Code:
A. Streets including alleys, bridges, and street lighting.
B. Sidewalks note: renuin'ber the follow list ing
jks edito _(_ 1
PM
Any single-family or two-family structure lawfully existing on the effective date of
this Code shall be deemed a lawful structure.
Nothing contained herein shall require any change in the plans, construction or
designated use of a building legally under construction or for which a permit for
construction has been issued at the time of passage of this Code or amendments.
Construction may be completed in accordance with the terms of the permits, so
long as those permits were validly issued and remain unrevoked and unexpired.
C. P_dorUkd_eve12RecLSRe Plans
16.02 Definitions
AV—T-CAv—erg&g &ily trips Thy asl-
ape measured thr year. A i s the
L-Qu u L --Zh-Q- 4-ye —
standard. measurement for vehicle traffic load on a section of road. and the basis for most
decisions regar&
,g-�iran5porb-cLtion-planning
Block L"A.- TlLe 1p-ngth of a street between the intersection of said street and
anotheEstreet
, unitss othenyise dictated by ph�eeas��rd fry the center Lnt Qf
the two streets.
Floor -to- ea. R floor area to the
area of the lot on which it is located. When the allowed FAR is rntjl i lied _b,, the lot
area it results in the maximum amount of floor area allowable in -a budding on that
lot. For e2L mple, on a io L
,Q�Q�qa�re-fQot lot- with a maximum FAR,of o.6_5 lie
floor area of a buildLing canuot ec�d 0o square feet.
Home- Based Business. An Q�gup
,.ation Qr business ac reaults iju-a-prgdLict
or service for financiaUgLu and is conducted in whole orepart ire the dwelling unit Or
accessQr�ilding-gnd is clearly an acce5soa or inci �use and subordinate to the
residential use of the dwelling ace of
.esl
!�jm lo ment is� not a home -based business. Home-based business En also be, called
p1qy— ---b— --gy A—
home occupations. flonebasecl businesses exclude uses that are otherwise addressed in
Chapter such as Bed and Breakfasts.
Home I-PeeupC&LA"R. A eeeupu... --...ed en in a dweHing unit, SSO
QVI-M 4 andwhiehiselearl--defttal
building 1,E) a Unt E, D., ffesideRt ef th- -V�
4.
aiid seeendafyte -he use of the premises uant to Seet
5.62-020 of this CE)de-.
Integrated Office Center® A building,-huildings or site designed to be primarily
occupied by a mixture of offices of a similar field, service, industry or profession (i.e.,
medical) with ancillary establishments for workers such as a restaurant or personal
services. Retail uses related to the primary field or profession and serving the general
public may also be located in such structures but shall not constitute a majority of the
building's gross leasable area. An Integrated Office Center may include an Urgent Care
Facility.
.LoTt Line Street. Any I�Qtj ine abkLttingan existing q, dedicated street ri -of-W
o. _ 1�_ _ _ --MAyi
Micro Winery. A retail establishment where wine is produced on premises for in-
house consumption and sale. Food sales or a restaurant may also be included, as well as
associated retail sales. A micro winery is typically a small wine producer that generates
Q
up to is, oo wee gallons of wine annually.
—
Official Zoning Map. The most recent printed copy of the City's zoning map signed by
the Mayor, attested by the City Secretary and bearing the Seal of City of Georgetown, in
accordance with State law. The Official Zoning Map depicts the zoning status of land and
water bodies, buildings and other structures throughout the city and is updated
periodically using digital mapping software.
Personal Services, Restricted. An establishment providing personal services that
are generally less desirable adjacent to residential areas including, but not limited to,