G-12-09-13-H4 - 9/13/2012 j
SLS Redline Draft; 8/21/12
9�nlORDINANCE NO.
2
3 AN ORDINANCE AMENDING CHAPTER 46, SECTION 46-99, CODE OF
4 ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING
5 CERTIFICATE OF APPROPRIATENESS; AND PROVIDING FOR A SAVINGS
6 CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
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8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
9 TEXAS:
10 I.
11 That Chapter 46, Section 46-99, Code of Ordinances (2010 Edition), City of
12 Round Rock, Texas, is hereby amended to read as follows:
13 Sec. 46-99. Certificate of appropriateness for building permit, exterior modification, or demolition.
14
15 (a) Applicability. A certificate of appropriateness shall be required in the following
16 circumstances before the commencement of development within or work upon any building or structure
17 I located within a historic (H) overlay district, or a building or structure that has been relocated pursuant to
18 Sec. 46-99.1:
19
20 (1) Whenever such work or development requires a building permit or certificate of zoning
21 compliance issued by the city, or;
22
23 (2) Whenever such work includes the erection, moving, demolition, reconstruction,
24 restoration or alteration of the exterior of any structure or site, except when such work
25 satisfies all the requirements of ordinary maintenance and repair as defined in section 46-
26 5, definitions.
27
28 (b) Certificate of appropriateness required. No building permit shall be issued by the building
29 official for any structure or site located within a historic (H) overlay district until the application for such
30 permit has been reviewed by either the zoning administrator or the historic preservation commission
31 (HPC), as appropriate, and a certificate of appropriateness has been approved.
32
33 (c) Procedures.
34
35 (1) After an application for a certificate of appropriateness is submitted, the zoning
36 administrator shall determine whether the application is eligible for administrative review
37 or must be reviewed by the historic preservation commission.
38
39 (2) The zoning administrator may determine that the application is eligible for administrative
40 review if it involves the following:
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42 a. Paint colors for the exterior of a structure including siding, trim, doors, steps,
43 porches, railings, and window frames. This shall not include painting or otherwise F
44 coating previously unpainted masonry;
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1 b. The placement and screening, if necessary, of roof-mounted equipment and
2 other mechanical equipment of various types;
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4 C. The placement and design of screening treatments for trash and recycling
5 receptacles;
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7 d. Fences to be installed in the rear and/or side yard; F
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9 e. Ground lighting;
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11 f. Elements attached to a facade of any building, garage or carriage house
12 including, but not limited to, door hardware, hinges, mailboxes, light fixtures, sign F
13 brackets, street address signage and historic interpretive signage.
14
15 g. Replacing roofing materials or color on a flat roof that will not be visible from the
16 ground or from immediately adjacent taller buildings;
17
18 h. Gutters and downspouts; i
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20 i. Installation or removal of landscaping, including trees;
21
22 j. Accessibility ramps;
23
24 k. Changes to awning fabric color for an existing awning;
25
26 I. Landscape elements, including but not limited to, walks, paving, benches,
27 outdoor furniture, planters, pools, trellises, arbors and gazebos;
28
29 M. Installation of any elements required by other codes such as emergency lighting;
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31 n. Modifications that are considered nonpermanent such as, but not limited to,
32 window films and temporary features to weatherize or stabilize a historic
33 resource;
34
35 0. Minor modifications to an existing certificate of appropriateness that still meets
36 the intent of the original approval; or
37
38 P. Renewal of an expired certificate of appropriateness.
39
40 (3) The zoning administrator shall endeavor to either deny or approve the application, with or
41 without conditions, within ten business days of receipt of the completed application.
42
43 (4) If the zoning administrator:
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45 a. Denies the application;
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47 b. Approves the application with conditions; or x
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49 C. Fails to act within ten business days; and
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51 d. The applicant submits a written notice of appeal;
52
53 the application shall be considered by the historic preservation commission. The notice of
54 appeal must be submitted no later than 30 business days after the filing of the competed
55 application.
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1 (5) If the zoning administrator determines that the application is not eligible for administrative
2 review, the application shall be reviewed by the historic preservation commission. In that
3 event, the secretary to the historic preservation commission shall inform the applicant of
4 the meeting date at which the application shall be considered. The applicant shall have
5 the right to be heard and may be accompanied or represented by counsel and/or one or
6 more construction or design professionals at the meeting.
7
8 (6) The zoning administrator shall review the application and make a recommendation to the
9 historic preservation commission during the meeting at which the application shall be t
10 considered.
11
12 (7) After hearing the applicant and any other interested parties, and considering the
13 recommendation from the zoning administrator, the historic preservation commission
14 shall take one of the following actions:
15
16 a. Approve the proposed work or development and issue a certificate of
17 appropriateness.
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19 b. Approve the proposed work or development with conditions and issue a
20 conditional certificate of appropriateness.
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22 C. Disapprove the certificate of appropriateness.
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24 (8) In the case of the disapproval of a certificate of appropriateness by the historic
25 preservation commission, the HPC shall state in writing the reasons for such disapproval
26 and may include suggestions in regard to actions the applicant might take to secure the
27 approval of the HPC concerning future issuance of a certificate of appropriateness.
28
29 (d) Certificate.
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31 (1) It shall be the responsibility of the zoning administrator to issue the actual certificate of
32 appropriateness following approval by the zoning administrator or the HPC, with any
33 designated conditions, and to maintain a copy of the certificate of appropriateness,
34 together with the proposed plans. These shall be public documents for all purposes. 4
35
36 (2) Work performed pursuant to the issuance of a certificate of appropriateness shall
37 conform to the requirements of such certificate. It shall be the duty of the building official ±`
38 to inspect from time to time any work performed pursuant to a certificate of
39 appropriateness to assure such compliance. In the event that such work is not in
40 compliance, the building official shall issue a stop work order and/or citation as
41 prescribed by ordinance. The zoning administrator or the historic preservation
42 commission, as appropriate, may request that the building official inspect the work and
43 issue a stop work order.
44
45 (e) Criteria. The zoning administrator or historic preservation commission shall determine
46 whether to grant a certificate of appropriateness based on the following criteria:
47
48 (1) The effect of the proposed change upon the general historic, cultural and architectural
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49 nature of the site, landmark or district;
50
51 (2) The appropriateness of exterior architectural features, including parking and loading
52 spaces, which can be seen from a public street, alley or walkway; and
53
54 (3) The general design, arrangement, texture, material and color of the building or structure
55 and the relation of such factors to similar features of buildings or structures in the district,
56 contrast or other relation of such factors to other landmarks built at or during the same
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1 period, as well as the uniqueness of such features, considering the remaining examples
2 of architectural, historical and cultural values.
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4 (f) Guidelines. In all of its determinations of architectural appropriateness and historical
5 integrity in the design and construction of buildings or signs in historic districts, the zoning administrator or
6 historic preservation commission shall use the book entitled, "The Secretary of the Interior's Standards for
7 the Treatment of Historic Properties: With Guidelines for Preserving, Rehabilitation, Restoring and
8 Reconditioning", and the following criteria as guidelines:
9
10 (1) Every reasonable effort shall be made to provide a compatible use for a property that
11 requires minimal alteration of the building, structure or site and its environment, or to use
12 a property for its originally intended purpose.
13
14 (2) The distinguishing original qualities or character of a building, structure, or site and its
15 environment should not be destroyed. The removal or alteration of any historic material or
16 distinctive architectural features should be avoided when possible.
17
18 (3) All buildings, structures and sites shall be recognized as products of their own time.
19 Alterations that have no historic basis and which seek to create an earlier appearance
20 shall be discouraged.
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22 (4) Changes that may have taken place in the course of time are evidence of the history and
23 development of a building, structure or site and its environment. These changes may
24 have acquired significance in their own right, and this significance shall be recognized
25 and respected.
26
27 (5) Distinctive stylistic features or examples of skilled craftsmanship that characterize a
28 building, structure or site shall be treated with sensitivity.
29
30 (6) Weakened architectural features that are found in kind are to be repaired rather than
31 replaced, wherever possible. In the event replacement is necessary, the new material
32 should match the material being replaced in composition, design, color, texture and other
33 visual qualities. Repair or replacement of missing architectural features should be based r
34 on accurate duplications of features, substantiated by historic physical or pictorial
35 evidence rather than on conjectural designs or the availability of different architectural `
36 elements from other buildings or structures. t
37
38 (7) The surface clearing of structures shall be undertaken with the gentlest means possible.
39 Sandblasting and other cleaning methods that will damage the historic building material
40 shall not be undertaken without approval from the historic preservation commission.
41
42 (8) Every reasonable effort shall be made to protect and preserve archeological resources
43 affected by or adjacent to any project.
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45 (9) Contemporary design for alterations and additions to existing properties shall not be
46 discouraged when such alterations and additions do not destroy significant historic,
47 architectural, or cultural material and when such design is compatible with the size, scale,
48 color, material, a character of the property, neighborhood or environment. Wherever
49 possible, new additions or alterations to a structure shall be done in such a manner that if
50 such additions or alterations were to be removed in the future, the essential form and r
51 integrity of the structure would be unimpaired.
52
53 (g) Supplemental guidelines. The historic preservation commission may develop and the city }
54 council may approve such supplemental guidelines as it may find necessary to implement the regulations
55 of a particular historic (H) overlay district or the findings applicable to the designation of a particular
56 historic(H) overlay district. Such guidelines may include, but are not limited to the following:
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1 (1) Charts or samples of acceptable materials for siding, foundations, roofs or other parts of
2 buildings;
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4 (2) Illustrations of appropriate architectural details;
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6 (3) Specifications of appropriate relationships to streets, sidewalks, other structures and
7 buildings;
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9 (4) Illustrations of appropriate porch treatments or entrances; or
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11 (5) Illustrations of appropriate signage or street furniture. k
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13 (h) Certificate of appropriateness for demolition.
14
15 (1) Certificate required. No building or structure within any historic(H) overlay district shall be
16 demolished or removed unless such demolition shall be approved by the historic
17 preservation commission and a certificate of appropriateness for such demolition shall be
18 granted.
19
20 (2) Procedure.
21
22 a. The procedure for issuance of a certificate of appropriateness for demolition shall
23 be the same as for the issuance of other certificates of appropriateness with the
24 following modification.
25
26 b. After the hearing, the historic preservation commission may approve the
27 certificate of appropriateness, thereby authorizing the demolition, or the historic
28 preservation commission may disapprove the certificate of appropriateness and
29 postpone the demolition or removal for a period not to exceed 120 days. The r
30 purpose of such a postponement would be to allow the commission and any
31 interested parties to explore alternatives to demolition.
32
33 (3) Supplemental demolition criteria. In determining whether to issue a certificate of
34 appropriateness for demolition, the historic preservation commission, and, on appeal, the
35 city council, shall consider the following criteria, in addition to the criteria specified in this
36 section:
37
38 a. The uniqueness of the structure as a representative type or style of architecture,
39 historic association or other element of the original designation criteria applicable a
40 to such structure or tract.
41
42 b. The condition of the structure from the standpoint of structural integrity and the
43 extent of work necessary to stabilize the structure.
44
45 C. The economically viable alternatives available to the demolition applicant,
46 including:
47
48 1. Donation of a part of the value of the subject structure or site to a public
49 or nonprofit agency, including the conveyance of development rights and
50 facade easement.
51
52 2. The possibility of sale of the structure or site, or any part thereof, to a
53 prospective purchaser capable of preserving such structure or site.
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55 3. The potential of such structure or site for renovation and its potential for
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56 continuing use.
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1 4. The potential of the subject structure or site for rezoning in an effort to
2 render such property more compatible with the physical potential of the
3 structure. The ability of the subject structure or site to produce a
4 reasonable economic return on investment for its owner; provided,
5 however, that this factor shall not have exclusive control and effect, but
6 shall be considered along with all other criteria contained in this section.
7
8 (i) Appeals. Appeals of certificate of appropriateness decisions made by the historic
9 preservation commission shall be made within 15 days to the city council.
10
11 Sec. 46-99.1. Certificate of appropriateness for relocating historic buildings or structures.
12 (a) Applicability. A certificate of appropriateness shall be required whenever any building or structure
13 located within a historic(H) overlay district is proposed to be relocated.
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14 (b) Certificate of appropriateness required. No building permit shall be issued by the building official
15 for the relocation of any historic building or structure until an application for such permit has been
16 reviewed by the HPC, and a certificate of appropriateness has been approved.
17 (c) Procedure. The procedure for issuance of a certificate of appropriateness for relocation shall be
18 the same as set out above in Sec. 46.99 for the issuance of other certificates of appropriateness
19 with the following additions.
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20 (1) If the historic building or structure is a recorded Texas historical landmark or listed on the ?'
21 national register of historic places, the applicant shall be required to notify the appropriate
22 party at the Texas Historical Commission and receive a response in writing, prior to
23 submitting an application for the certificate of appropriateness.
24
25 (2) Documentation shall be provided to the HPC at the time of application for a certificate of
26 appropriateness that provides the following information: k
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28 a. Overview of the proposed relocation of the historic building or structure,
29 including:
30
31 1. Reasons for relocating the historic building or structure; and
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33 2. Reasons for selection of destination site
34
35 b. Photographs, which document all aspects of the historic building or structure.
36 Requirements for photographs shall be provided by the HPC. At a minimum,
37 photographs provided by the applicant shall include the following:
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39 1. Each elevation of the building;
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41 2. Street view;
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43 3. All prominent architectural features; and
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45 4. Any additional accessory buildings that have historic (H) overlay zoning,
46 showing how they relate to the primary structure.
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48 C. Site plan of historic building or structure in current location.
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50 d. Site plan of historic building or structure in new location
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1 e. Within ten (10) days of receipt of an application for a permit for relocation, the city z
2 shall post a sign showing notice of the application on the originating location and
3 on the proposed destination location, for the purpose of notifying the public of the
4 proposed relocation.
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5 (3) Relocation criteria. In determining whether to issue a certificate of appropriateness for j
6 relocation, the HPC, and, if necessary, on appeal, the city council, shall consider the
7 following criteria:
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9 a. The historic building or structure is imminently threatened by demolition.
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11 b. Reasonable alternatives to the proposed relocation have been examined.
12 Alternatives may include, but are not limited to:
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14 1. Modification of the proposed project affecting the historic building or
15 structure to avoid its impact on the historic building or structure.
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17 2. Incorporation of the historic building or structure, in its entirety, into the
18 proposed project.
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20 C. When relocated, the historic building or structure shall remain in the city.
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22 d. The structural condition of the historic building or structure has been examined
23 so that it has been determined that the historic building or structure may be
24 moved and that damage will be minimized. Stabilization of the historic building or
25 structure prior to and/or during the move may be required.
26
27 e. The new location for the historic building or structure has been determined to be
28 compatible with the architectural aspects of the historic resource. Consideration
29 shall include the review of all of the following:
30
31 1. Size of the historic building or structure and the destination lot;
32
33 2. Massing;
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35 3. Architectural style; and
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37 4. Review of all adopted designguidelines by the HPC in determining
38 compatibility.
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40
41 f. Other historic buildings or structures, which are not the primary structure on the 3
42 site, but are historically associated with the primary structure, also should be
43 relocated, if possible, and may be considered for relocation with the primary
44 structure on the same certificate of appropriateness
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46 g. Any historic building or structure relocated pursuant to this section shall be
47 deemed a legal, non-conforming structure pursuant to section 46-222 of the
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48 code, and shall not be required to conform to any siting conditions at the new
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49 location. These siting conditions shall include, but are not limited to, setback
50 requirements, structural alteration requirements such as enclosed parking
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51 requirements, and architectural requirements such as exterior finishes and
52 orientation. The legal, non-conforming status shall apply only to the relocated
53 structure and shall not apply to any zoning use restrictions applicable to the lot
54 on which the historic building or structure is located.
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1 (4) Additional Requirements.
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3 a. The historic building or structure shall be secured from vandalism and other
4 damage for the time that it remains vacant as a result of the relocation process.
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6 b. The applicant shall be required to display a plaque provided and paid for by the
7 city which documents the historic building's original location, date of relocation,
8 and reason for relocation.
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10 C. The city may apply the historic (H) overlay to the destination lot(s), by following
11 the procedures for applying historic (H) overlay in section 46-107 of the code. If
12 the historic building or structure is being moved into an already designated
13 historic district, the historic (H) overlay shall remain and apply to the destination
14 lot or lot(s).
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16 d. The applicant shall provide photographs of the relocated historic building or
17 structure to the zoning administrator once relocation is complete.
18
19 e. Information regarding the relocation shall be filed in the appropriate city and
20 county records.
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22 (5) Fee Waivers. If a certificate of appropriateness for relocation has been approved by the
23 HPC all applicable moving and building permit fees shall be waived.
24
25 (d) Appeals. Appeals of certificate of appropriateness decisions made by the historic preservation
26 commission shall be made within 15 days to the city council.
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29 II.
30 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
31 expressly repealed.
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32 B. The invalidity of any section or provision of this ordinance shall not
33 invalidate other sections or provisions thereof.
34 C. The City Council hereby finds and declares that written notice of the date,
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35 hour, place and subject of the meeting at which this Ordinance was adopted was posted
36 and that such meeting was open to the public as required by law at all times during
37 which this Ordinance and the subject matter hereof were discussed, considered and
38 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
39 Government Code, as amended.
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I Alternative 1.
2 By motion duly made, seconded and passed with an affirmative vote of all the
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3 Council members present, the requirement for reading this ordinance on two separate
4 days was dispensed with.
5 READ, PASSED, and ADOPTED on first reading Y this (� da of
6 /lam/ ' 2012.
7 Alternative 2.
8 READ and APPROVED on first reading this the day of
9 , 2012.
10 READ, APPROVED and ADOPTED on second reading this the day of
11 , 2012.
12
13
14 ALAN MCGRAW, Mayor
15 City of Round Rock, Texas
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17 ATTEST:
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19 �J� �'►�
20 SARA L. WHITE, City Clerk ,
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ROUND ROCK,TEXAS City Council Agenda Summary Sheet
PURPOSE PASSION.PROSPERITY.
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Agenda Item No. H4.
Consider public testimony and an ordinance amending Chapter 46, Zoning, Code of
Ordinances (2010 Edition) providing for Certificates of Appropriateness for Relocation of
Agenda Caption: Historic Buildings and Structures. (First Reading) x
Meeting Date: September 13, 2012
Department: Planning and Development Services
Staff Person making presentation: Peter Wysocki r
Planning and Development Services Director 4
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Item Summary:
In order to implement a process whereby historic buildings and structures may be relocated as recommended by the
Phase 3 Historic Resources Survey Report (adopted by resolution on June 14, 2012), an amendment to the Historic
Preservation regulations is necessary. A subcommittee of Historic Preservation Commissioners and two City Council
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members (Council members Whitfield and Moman) was formed to participate in the Phase 3 Historic Resources
Survey Project. A new section of the Code was developed by the subcommittee and staff to enable relocation of a =
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historic building or structure as an option for property owners to consider in lieu of demolition. Once moved,
exterior modifications to the building or structure would still require review for architectural appropriateness
utilizing the same process by which other historic properties are reviewed. Applications requesting relocation would
be reviewed by the Historic Preservation Commission. Appeals of Historic Preservation Commission decisions are k
heard by the City Council K
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The Historic Preservation Commission and the Planning and Zoning Commission recommended approval of the
amendment on April 17th and May 16th, respectively.
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Cost: None—There is no cost to the City to make this amendment
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Date of Public Hearing(if required): Not required
Recommended Action: Approval
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