G-12-06-14-H1 - 6/14/2012 {
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1 ORDINANCE NO. (77" " O6'
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4 AN ORDINANCE AMENDING CHAPTER 46, SECTION 46-99, CODE OF
5 ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS,
6 REGARDING HISTORIC PRESERVATION; AND PROVIDING FOR A
7 SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
8 AND RESOLUTIONS.
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10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
11 TEXAS:
12 I.
13 That Chapter 46, Section 46-99, Subsections (a) through (f), Code of Ordinances
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14 (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows:
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15 Sec.46-99.Certificate of appropriateness.
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17 (a) Applicability. A certificate of appropriateness shall be required in the following circumstances before the
18 commencement of development within or work upon any building or structure located within a historic(H)
19 overlay district:
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21 (1) Whenever such work or development requires a building permit or certificate of zoning
22 compliance issued by the city; 1
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24 (2) Whenever such work includes the erection, moving, demolition, reconstruction, restoration or
25 alteration of the exterior of any structure or site, except when such work satisfies all the
26 requirements of ordinary maintenance and repair as defined in section 46-5,definitions.
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28 (b) Certificate of appropriateness required. No building permit shall be issued by the building official for any
29 structure or site located within a historic (H) overlay district until the application for such permit has been
30 reviewed by either the zoning administrator or the historic preservation commission(HPC), as appropriate,
31 I and a certificate of appropriateness has been approved by the historic p-eservation commission
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33 (c) Procedures.
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35 (1) After an application for a certificate of appropriateness is submitted,the zoning administrator shall
36 determine whether the application is eligible for administrative review or must be reviewed by the
37 historic preservation commission.
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39 (2) The zoning administrator may determine that the application is eligible for administrative review ;
40 if it involves the following:
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42 a. Paint colors for the exterior of a structure including siding, trim, doors, steps, porches,
43 railings, and window frames. This shall not include painting or otherwise coating previously
44 unpainted masonry;
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46 b. The placement and screening, if necessary,of roof-mounted equipment and other mechanical
47 equipment of various types;
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49 C. The placement and design of screening treatments for trash and recycling receptacles;
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1 d. Fences to be installed in the rear and/or side yard;
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3 e. Ground lighting; a
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5 f. Elements attached to a facade of any building garage or carriage house including but not
6 limited to door hardware hinges mailboxes light fixtures sign brackets street address
7 signage and historic interpretive signage.
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9 g. Replacing roofing materials or color on a flat roof that will not be visible from the ground E
10 or from immediately adjacent taller buildings;
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12 h. Gutters and downspouts;
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14 i. Installation or removal of landscaping including trees,• u
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16 J. Accessibili ramps;
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18 k. Changes to awning fabric color for an existing awning
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20 1. Landscape elements, including but not limited to walks, paving benches outdoor furniture
21 planters,pools,trellises, arbors and gazebos;
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23 m. Installation of any elements required by other codes such as emergency lighting;
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25 n. Modifications that are considered non-permanent such as, but not limited to window films
26 and temporary features to weatherize or stabilize a historic resource,
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28 0. Minor modifications to an existing certificate of appropriateness that still meets the intent
29 of the original approval;or
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31 P. Renewal of an expired certificate of appropriateness.
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33 (3) The zoning administrator shall endeavor to either deny or approve the application with or without
34 conditions, within 10 business days of receipt of the completed application.
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36 (4) If the zoning administrator:
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38 (i)denies the application, s'
39 (ii)approves the application with conditions, or
40 (iii)fails to act within 10 business dam
41 and
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43 the applicant submits a written notice of appeal, the application shall be considered by the historic
44 preservation commission. The notice of appeal must be submitted no later than 30 business days
45 after the filing of the competed application.
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47 (1-5) If the zoning administrator determines that the application is not eligible for administrative review,
48 the application shall be reviewed by the historic preservation commission. After-an application fo
49 a^ertifie 4e of appropriateness is submitted, In that event the secretary to the historic preservation
50 commission shall inform the applicant of the meeting date at which the application shall be
51 considered. The applicant shall have the right to be heard and may be accompanied or represented
52 by counsel and/or one or more construction or design professionals at the meeting.
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54 I (26) The zoning administrator shall review the application and make a recommendation to the historic
55 preservation commission during the meeting at which the application shall be considered.
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1 (47) After hearing the applicant and any other interested parties, and considering the recommendation
2 from the zoning administrator, the historic preservation commission shall take one of the
3 following actions: e
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5 a. Approve the proposed work or development and issue a certificate of appropriateness.
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7 b. Approve the proposed work or development with conditions and issue a conditional
8 certificate of appropriateness. s'
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10 C. Disapprove the certificate of appropriateness.
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12 I (48) In the case of the disapproval of a certificate of appropriateness by the historic preservation
13 commission, the HPC shall state in writing the reasons for such disapproval and may include
14 suggestions in regard to actions the applicant might take to secure the approval of the HPC
15 concerning future issuance of a certificate of appropriateness.
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17 (d) Certificate. z
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19 (1) It shall be the responsibility of the zoning administrator to issue the actual certificate of
20 appropriateness following approval by the zoning administrator or the HPC, with any designated
21 conditions,and to maintain a copy of the certificate of appropriateness,together with the proposed
22 plans. These shall be public documents for all purposes.
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24 (2) Work performed pursuant to the issuance of a certificate of appropriateness shall conform to the
25 requirements of such certificate. It shall be the duty of the building official to inspect from time to
26 time any work performed pursuant to a certificate of appropriateness to assure such compliance. In
27 the event that such work is not in compliance, the building official shall issue a stop work order '
28 and/or citation as prescribed by ordinance. The zoning administrator or the historic preservation
29 I commission, as appropriate, may request that the building official inspect the work and issue a
30 stop work order.
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32 (e) Criteria. The zoning administrator or historic preservation commission shall determine whether to grant a
33 certificate of appropriateness based on the following criteria:
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35 (1) The effect of the proposed change upon the general historic, cultural and architectural nature of the
36 site, landmark or district;
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38 (2) The appropriateness of exterior architectural features, including parking and loading spaces,which
39 can be seen from a public street,alley or walkway;and
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41 (3) The general design, arrangement, texture, material and color of the building or structure and the k
42 relation of such factors to similar features of buildings or structures in the district,contrast or other
43 relation of such factors to other landmarks built at or during the same period, as well as the
44 uniqueness of such features, considering the remaining examples of architectural, historical and
45 cultural values. r
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47 (f) Guidelines. In all of its determinations of architectural appropriateness and historical integrity in the design
48 and construction of buildings or signs in historic districts, the zoning administrator or historic preservation
49 commission shall use the book entitled, "The Secretary of the Interior's Standards for the Treatment of 3
50 Historic Properties: With Guidelines for Preserving, Rehabilitation, Restoring and Reconditioning", and the
51 following criteria as guidelines:
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53 (1) Every reasonable effort shall be made to provide a compatible use for a property that requires
54 minimal alteration of the building, structure or site and its environment, or to use a property for its
55 originally intended purpose.
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1 (2) The distinguishing original qualities or character of a building, structure, or site and its
2 environment should not be destroyed. The removal or alteration of any historic material or
3 distinctive architectural features should be avoided when possible.
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5 (3) All buildings, structures and sites shall be recognized as products of their own time. Alterations
6 that have no historic basis and which seek to create an earlier appearance shall be discouraged.
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8 (4) Changes that may have taken place in the course of time are evidence of the history and k
9 development of a building,structure or site and its environment. These changes may have acquired
10 significance in their own right,and this significance shall be recognized and respected.
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12 (5) Distinctive stylistic features or examples of skilled craftsmanship that characterize a building,
13 structure or site shall be treated with sensitivity.
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15 (6) Weakened architectural features that are found in kind are to be repaired rather than replaced,
16 wherever possible. In the event replacement is necessary, the new material should match the
17 material being replaced in composition, design, color, texture and other visual qualities. Repair or
18 replacement of missing architectural features should be based on accurate duplications of features,
19 substantiated by historic physical or pictorial evidence rather than on conjectural designs or the
20 availability of different architectural elements from other buildings or structures.
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22 (7) The surface clearing of structures shall be undertaken with the gentlest means possible.
23 Sandblasting and other cleaning methods that will damage the historic building material shall not
24 be undertaken without approval from the historic preservation commission. t
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26 (8) Every reasonable effort shall be made to protect and preserve archeological resources affected by
27 or adjacent to any project.
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29 (9) Contemporary design for alterations and additions to existing properties shall not be discouraged
30 when such alterations and additions do not destroy significant historic, architectural, or cultural if
31 material and when such design is compatible with the size, scale,color,material, a character of the
32 property, neighborhood or environment. Wherever possible, new additions or alterations to a ='
33 structure shall be done in such a manner that if such additions or alterations were to be removed in
34 the future,the essential form and integrity of the structure would be unimpaired.
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37 II.
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39 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
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4o expressly repealed.
41 B. The invalidity of any section or provision of this ordinance shall not
42 invalidate other sections or provisions thereof.
43 C. The City Council hereby finds and declares that written notice of the date, t;
44 hour, place and subject of the meeting at which this Ordinance was adopted was posted
45 and that such meeting was open to the public as required by law at all times during
46 which this Ordinance and the subject matter hereof were discussed, considered and
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i formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
2 Government Code, as amended.
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3 Alternative 1.
4 By motion duly made, seconded and passed with an affirmative vote of all the
5 Council members present, the requirement for reading this ordinance on two separate
6 days was dispensed with.
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7 READ, PASSED, and ADOPTED on first reading this 1 1 day of
8 5AK 12012.
9 Alternative 2.
10 READ and APPROVED on first reading this the day of
11 , 2012. f
12 READ, APPROVED and ADOPTED on second reading this the day of
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13 , 2012. l
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16 ALAN MCGRAW, Mayor
17 City of Round Rock, Texas
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19 ATTEST:
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21 /�'1/V 1�.
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22 SARA L. WHITE, City Clerk
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IrrROUNDROCK,TExAS City Council Agenda Summary Sheet
PURPOSE.PASSION.PROSPERITY:
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Agenda Item No. H1.
Consider public testimony regarding and an ordinance amending Chapter 46, Zoning,
Code of Ordinances (2010 Edition), pertaining to Historic Preservation to allow for
administrative action for certain Certificate of Appropriateness applications. (First
Agenda Caption: Reading)
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Meeting Date: June 14, 2012
Department: Planning and Development Services
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Staff Person making presentation: Peter Wysocki
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Planning and Development Services Director
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Item Summary:
Staff has worked with the Historic Preservation Commission to develop amendments to the Historic Preservation
regulations to allow for administrative review and approval of Certificates of Appropriateness for certain "minor"
projects. An administrative review process would increase efficiency by expediting the review process for minor
modifications to buildings.The amendment provides a specific list of items which the staff is eligible to review. Staff
approval would prevent the applicant from waiting for monthly Historic Preservation Commission meetings in order
to seek approval. Staff believes that this amendment will make minor renovations to the buildings a little easier for a'
the property and business owners.
The Historic Preservation Commission and the Planning and Zoning Commission recommended approval of the
amendments on April 17th and May 16th, respectively.
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Cost: N/A
Source of Funds: N/A
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Date of Public Hearing(if required): 6.14.12
Recommended Action: Approval
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