HomeMy WebLinkAboutAgenda_P&Z_02.03.2015Notice of Meeting for the
Planning and Zoning Commission
of the City of Georgetown
February 3, 2015 at 6:00 PM
at City Council Chambers, 101 E. 7th Street, Georgetown
The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA).
If you require assistance in participating at a public meeting due to a disability, as defined under the
ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please
contact the City at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City
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Call to Order
Pledge of Allegiance
Comments from the Chair
- Welcome and Meeting Procedures
Action from Executive Session
Public Wishing to Address the Board
On a subject that is posted on this agenda: Please fill out a speaker registration form which can be
found at the Board meeting. Clearly print your name, the letter of the item on which you wish to speak,
and present it to the Staff Liaison, preferably prior to the start of the meeting. You will be called
forward to speak when the Board considers that item.
On a subject not posted on the agenda: Persons may add an item to a future Board agenda by filing a
written request with the Staff Liaison no later than one week prior to the Board meeting. The request
must include the speaker's name and the specific topic to be addressed with sufficient information to
inform the board and the public. For Board Liaison contact information, please logon to
http://government.georgetown.org/category/boards-commissions/.
A - As of the deadline, no persons were signed up to speak on items other than what was posted on
the agenda.
Consent Agenda
The Statutory Consent Agenda includes non-controversial and routine items that may be acted upon
with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and
acted upon individually as part of the Regular Agenda.
B Consideration of the Minutes from the January 20, 2015, Planning & Zoning Commission
meeting.
Legislative Regular Agenda
C Public Hearing and possible action on proposed amendments to the Unified Development Code
(UDC) relating to the development standards, rules, and procedures that affect properties located
in a Historic Overlay District and/or listed on the Historic Resource Survey (Laurie Brewer,
Assistant City Manager)
D Discussion Items:
Update on the Unified Development Code Advisory Committee (UDCAC) meetings. (Chair
Horne)
Update on the Georgetown Transportation Advisory Board (GTAB) meetings. (Commissioner
Rankin)
Questions or comments from Commissioners-in-Training about the actions and matters considered
on this agenda.
Reminder of the February 17, 2015, Planning and Zoning Commission meeting.
Adjournment
CERTIFICATE OF POSTING
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice
of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public
at all times, on the ______ day of __________________, 2015, at __________, and remained so
posted for at least 72 continuous hours preceding the scheduled time of said meeting.
____________________________________
Jessica Brettle, City Secretary
City of Georgetown, Texas
Planning and Zoning
February 3, 2015
SUBJECT:
Consideration of the Minutes from the January 20, 2015, Planning & Zoning Commission
meeting.
ITEM SUMMARY:
FINANCIAL IMPACT:
NA
SUBMITTED BY:
ATTACHMENTS:
Description Type
Draft P&Z Minutes_January 20, 2015 Cover Memo
Page 1 of 5
City of Georgetown, Texas
Planning and Zoning Commission Meeting
Minutes
Tuesday, January 20, 2015 at 6:00 PM
Council Chambers
101 E. Seventh Street, Georgetown, Texas 78626
Commissioners: John Horne, Chair; Scott Rankin, Vice-chair; Bob Brent, Secretary;
Alex Fuller Kaylah McCord, Kevin Pitts
Commissioner(s) Absent: Andy Webb
Commissioners in Training: John Marler, Josh Schroeder and Ben Watkins
Commissioner(s) in Training Absent:
Staff Present: Valerie Kreger, Principal Planner; Jordan Maddox, Principal Planner;
Mike Elabarger, David Munk, Utility Engineer, Planner, Ed Polasek, Transportation
Services Director, Nat Waggoner, Transportation Analyst, Matt Synatschk, historic
Planner and Stephanie McNickle, Recording Secretary.
Chair Horne called the meeting to order at 6:00 p.m.
Chair Horne stated the order of the meeting and that those who speak must turn in a
speaker form to the recording secretary before the item that they wish to address
begins. Each speaker is permitted to address the Commission once for each item, for a
maximum of three (3) minutes, unless otherwise agreed to before the meeting begins.
A. As of the deadline for this agenda, no persons were signed up to speak on items
other than what was posted on the agenda.
Consent Agenda
The Consent Agenda includes non-controversial and routine items that the Commission
may act on with one single vote. A Commissioner or any member of the public may
request that any item from the Consent Agenda be pulled in order that the Commission
discuss and act upon it individually as part of the Regular Agenda. The Planning and
Zoning Commission's approval of an item on the Consent Agenda will be consistent
with the staff recommendation described in the report, unless otherwise noted.
B Consideration of the Minutes from the November 18, 2014, Planning & Zoning
Commission meeting.
The below item was moved to the Regular agenda.
Consideration and possible action on a Preliminary Plat of 116.45 acres in the Joseph Fish
Survey, to be known as Lakeside, located on the south side of Williams Drive between Lake
Georgetown and the Olde Oak Estates and Woodlake subdivisions. PP-2014-012 (Mike
Elabarger)
Page 2 of 5
Motion by Commissioner McCord to approve the consent agenda including the
minutes from the December 16, 2014 Planning and Zoning meeting. Second by
Commissioner Fuller. Approved. (6-0)
Regular Agenda
The below item was moved from the consent agenda.
At this time Commissioner Brent recused himself from the dais.
C Consideration and possible action on a Preliminary Plat of 116.45 acres in the Joseph
Fish Survey, to be known as Lakeside, located on the south side of Williams Drive
between Lake Georgetown and the Olde Oak Estates and Woodlake subdivisions.
PP-2014-012 (Mike Elabarger) Staff report by Mike Elabarger.
Mike Elabarger provided an overview of the Preliminary Plat request, description of
project and recommended approval.
Chair Horne opened the Public Hearing.
Don Young, 301 Wildwood stated he is concerned with the increase of traffic with this
project.
Chair Horne closed the public hearing.
The engineer representing the applicant stated Mr. Young is correct, there is a traffic
concern, but is an overall concern and will need to be addressed by the City of
Georgetown.
Motion by Commissioner Pitts approval of a Preliminary Plat of 116.45 acres in the
Joseph Fish Survey, to be known as Lakeside, located on the south side of Williams
Drive between Lake Georgetown and the Olde Oak Estates and Woodlake
subdivisions. Second by Commissioner Fuller. Approved. (5-0)
At this time agenda item F was presented.
F. Public Hearing and possible action on a Rezoning from the Residential Single-family
(RS) District to the Mixed Use – Downtown (MU-DT) District for a 0.12-acre tract
described as Lost Addition, Block 64 (part), located at 211 West 11th Street. REZ-2014-
035 (Matt Synatschk) Staff report by Matt Synatschk.
Matt Synatschk provided an overview of the Rezoning request, description of project
and recommended approval.
The applicant is not present.
Chair Horne opened the Public Hearing. No one came forward the Public Hearing was
closed.
Motion by Commissioner Brent to recommend approval for a Rezoning from the
Residential Single-family (RS) District to the Mixed Use – Downtown (MU-DT) District
for a 0.12-acre tract described as Lost Addition, Block 64 (part), located at 211 West 11th
Street. Second by Commissioner Rankin. Approved. (6-0)
Page 3 of 5
D. Public Hearing and possible action on a Rezoning from the Local Commercial (C-1)
District to the Planned Unit Development (PUD) District for 13.1501 acres, described as
Lots 5-7 of the Village Gate at Sun City Final Plat, located at 70 Del Webb, to be known
as Seven Strand Senior Living. REZ-2014-034 (Valerie Kreger) Staff report by Valerie
Kreger.
Valerie Kreger provided an overview of the Rezoning request, description of project
and recommended approval.
Roberto Garcia, representative of the applicant gave a presentation of the project.
Chair Horne opened the Public Hearing.
Terry Donaher, 184 Plover Pass questions the type of businesses/residents to reside in
the buildings. He is also concerned with noise and big AC units. He question’s the
location of the permanent barrier and the look of the landscape. He also stated this
project is not a part of Sun City, so the address should be Williams Drive, not Del
Webb.
Tom Kissinger, 117 Mountain Creek Pass asked is a study been done regarding the
EMS area and is also concerned with the address.
Louis Smith, 100 Stetson Trail is very impressed with the plans, but is concerned with
the height of the buildings, allows looking into the neighborhood.
Charles Baker. 208 Yellow Rose stated a four story complex is too large for the area.
Concerned with the traffic situation which is not understood by city staff and
encourages them to review it again.
Bud Farrell, 305 Yellow Rose Trail is also concerned with additional traffic to the area
along with the noise. He is very opposed to this project.
Marshal Friedman, 120 Coleto Creek also stated traffic is a concern for a facility this
size and needs to be detailed for a buffer for visual and sound. The trees planted need
to be full grown to buffer the building this size.
Robert Sobotik, 101 Painted Bunting is also concerned with traffic and should make
entrance on Williams. Also stated a true berm is needed for potential flooding.
Adam Galindo, 109 Plover Pass questions the location of the dumpsters and is
concerned with the smell. He would like to know how big is the diameter of the trees
to be planted.
Mike Kedodeauz, 101 Red Poppy Trail, is concerned with the increase of traffic after
completion and the noise during construction to the neighborhood. What is the
projected construction phase?
Emilie Needham, 117 White Wing Way is concerned with lighting in the
neighborhood. Appreciates and agrees with other previous comments
Chair Horne closed the Public Hearing.
Chair Horne invited the applicant to address the Commission.
Page 4 of 5
Brian Blaylock, developer for the project thanked the commissioners and stated he will
be happy to get a Williams Drive address and will be glad to plant the largest trees
possible.
Mr. Blaylock explained the dumpster location and stated they will build actual garage
to house the dumpsters.
Mr. Blaylock stated he will meet with the City engineer, David Munk and will address
the drainage to make sure the water drains appropriately.
Staff stated all addressing is off of a street with lesser traffic and lighting will be in
consideration.
Motion by Commissioner Brent to recommend to City Council approval of Rezoning
from the Local Commercial (C-1) District to the Planned Unit Development (PUD)
District for 13.1501 acres, described as Lots 5-7 of the Village Gate at Sun City Final
Plat, located at 70 Del Webb, to be known as Seven Strand Senior Living. Second by
Commissioner Rankin. Approved. (6-0)
E. Public Hearing and possible action on a Rezoning from the Agriculture (AG) District to
the Two-Family (TF) District for 7.74 acres in the Nicholas Porter Survey Abstract #497,
located at 422 Northwest Boulevard. REZ-2014-036 (Mike Elabarger) Staff report by
Mike Elabarger.
Mike Elabarger provided an overview of the Rezoning request, description of project
and recommended approval.
Staff stated the applicant is here and will be glad to answer questions.
Chair Horne opened the Public Hearing. No one came forward the Public Hearing was
closed.
Motion by Commissioner Pitts to recommend to Council approval of Rezoning from
the Agriculture (AG) District to the Two-Family (TF) District for 7.74 acres in the
Nicholas Porter Survey Abstract #497, located at 422 Northwest Boulevard. Second by
Commissioner Fuller. (6-0)
G. Public Hearing and possible action on proposed amendments to the Unified
Development Code (UDC) relating to water quality standards for property located
over the Edwards Aquifer Recharge Zone (EARZ) within the City limits and its
Extraterritorial Jurisdiction (ETJ). (Andreina Dávila-Quintero) Staff report by
Andreina Dávila-Quintero.
Andreina Dávila-Quintero gave a presentation and provided an overview of the
amendments and recommended approval.
Chair Horne opened the Public Hearing. No one came forward the Public Hearing was
closed.
Motion by Commissioner Pitts to approve the proposed amendments to the Unified
Development Code (UDC) relating to water quality standards for property located
Page 5 of 5
over the Edwards Aquifer Recharge Zone (EARZ) within the City limits and its
Extraterritorial Jurisdiction. Second by Commissioner Brent. Approved. (6-0)
H. Presentation and discussion of the Executive Summary of the proposed update to the
Georgetown Overall Transportation Plan - Nat Waggoner, Transportation Analyst,
PMP®, Edward G. Polasek, A.I.C.P, Director, Transportation Services and Jordan J.
Maddox, AICP, Principal Planner
Presentation given by Ed Polasek, Director of Transportation. Commissioners thanked
staff.
I Consideration and possible action to approve the amended board bylaws in
accordance with the revised Code of Ordinances – Staff Liaison
Staff gave a brief presentation and recommended approval.
Motion by Commissioner Pitts to approve the amended board bylaws in accordance
with the revised Code of Ordinances. Second by Commissioner Rankin. Approved.
(6-0)
J. Discussion Items
Update on the Unified Development Code Advisory Committee (UDCAC) meetings.
(Chair Horne) NA
Update on the Georgetown Transportation Advisory Board (GTAB) meetings.
(Commissioner Rankin) NA
Questions or comments from Commissioners-in-Training about the actions and
matters considered on this agenda. NA
Reminder of the February 3, 2015, Planning and Zoning Commission meeting.
Motion to adjourn at 8:14 pm
__________________________________ _______________________________
John Horne, Chair Bob Brent, Secretary
City of Georgetown, Texas
Planning and Zoning
February 3, 2015
SUBJECT:
Public Hearing and possible action on proposed amendments to the Unified Development Code
(UDC) relating to the development standards, rules, and procedures that affect properties located
in a Historic Overlay District and/or listed on the Historic Resource Survey (Laurie Brewer,
Assistant City Manager)
ITEM SUMMARY:
Background:
The City Council held a workshop on May 13, 2014, to review and discuss the rules and
regulations governing the Historic and Architectural Review Commission (HARC) and Historic
Overlay Districts. City Council expressed concerns regarding development standards, rules, and
procedures that affect properties located in a Historic Overlay District and/or are listed on the
Historic Resource Survey. On May 27, 2014, Council approved Resolution No. 052714-N (Exhibit
D) directing staff to initiate an executive Unified Development Code (UDC) amendment, outside
of the general UDC Advisory Committee process, to address those concerns. Staff provided a
general overview of recommended changes to City Council at their workshop on October 28,
2014, where Council was supportive of those recommendations including increased staff review,
revised demolition procedures, and creation of historic landmark designations. Staff also provided
update reports to HARC and the UDC Advisory Committee on October 23, 2014, and November
4, 2014, respectively.
Proposed UDC Changes (Exhibit A):
Renaming – Certificate of Design Compliance (CDC) terminology was changed to Certificate of
Appropriateness (CoA) to be consistent with state and national standards.
Historic Status – Historic status of a structure is proposed to be divided into contributing versus
non-contributing historic structures to a district, which would influence applicable requirements.
The upcoming new Historic Resource Survey will clarify this status. Additionally, a new
designation, Historic Landmark, has been created that would include buildings, structures or sites,
designated via ordinance, that are considered the highest priority historic resources within the
City’s jurisdiction, also based on the results of the upcoming new Historic Resource Survey.
Notification requirements have been incorporated into the Historic Landmark designation process
whereby property owners would become apprised of the historic status of their property and would
have opportunities to comment at public hearings. A Historic Landmark Designation would be in
addition to a contributing structure status, but would not be restricted to those structures within a
historic overlay.
Approval Authority – Approval authority for different types of potential situations as well as
building statuses has been broken down and clarified utilizing a chart in the proposed Certificate
of Appropriateness section of the UDC (Section 3.13). Final approval authority has been revised to
increase applications that could receive administrative approval through the Historic Preservation
Officer (HPO). However, the HPO reserves the option to send an application to the HARC if it is
felt that the commission’s review is necessary due to non-consistency with the Downtown and Old
Town Design Guidelines. The section also clarifies that site features, land uses, and certain
elements are not subject to CoA review or approval. Generally, administrative review would
include minor alterations to street facing facades, new additions to a street facing façade of a non-
contributing structure (provided all applicable zoning standards are met), exterior paint color,
rooftop mechanical equipment, fences along a street lot line or within a street yard, individual
signage (excluding master sign plans), certain partial demolitions, and renewal of expired CoAs.
HARC review would include construction of a new building (excluding residential in the Old
Town Overlay District), additions and certain alterations to Historic Landmarks and contributing
historic structures, rooftop mechanical equipment that results in modifications to a street facing
façade, certain improvements that are not in keeping with the standards/guidelines, demolition of a
Historic Landmark or contributing historic structure, and master sign plans. See Exhibit B for a
comparison of the applicable approval authority under the current provisions versus the approval
authority under the proposed revisions.
Demolition – The process and approval criteria for relocation, removal, or demolition of a historic
structure has been simplified, restructured, and clarified. Requirements have been differentiated
based on structure status, such as Historic Landmark, contributing historic structures, non-
contributing historic structures, or dangerous structures. Penalties applicable to demolitions
without prior HARC approval have been refined. Additionally, the Demolition Subcommittee is
proposed to be formalized as a three member committee consisting of at least one HARC member,
the Building Official, and a structural engineer, architect, or historic preservationist, that would
provide a technical review and recommendation to the full HARC following a site visit to the
subject structure.
General – Overall, the applicable sections of Chapters 3 & 4 have been reorganized for better
clarity and improved use. The historic overlay districts identified in Chapter 4 have been grouped
together under one heading. The reorganization has also provided for clarification of the
administrative and HARC review processes. In addition, based on public feedback, the floor-to-
area ratio (FAR) threshold for the Old Town Overlay District was reduced to .45.
Interim Provisions – Since the proposed amendments rely heavily on a new Historic Resources
Survey, which does not yet exist, interim provisions were outlined to temporarily protect the city’s
historic resources. These provisions establish that any structure listed on the existing Historic
Resource Survey(s) that are within a historic district will be considered a contributing structure.
Also, any structure listed on the survey that is not within a historic district will be considered a
contributing structure for the purposes of demolition.
Public Input:
City staff has worked to gather public input throughout the review and amendment process. City
staff hosted a downtown business owners’ focus group, designed to gather input from stakeholders
that had recently been through the HARC process. Following the adoption of City Council
Resolution 052714-N, staff created a public website, https://harcamendments.georgetown.org, and
encouraged interested community members to sign up for email updates. The website was updated
during the review process, providing additional information for the public. A comment form for
public feedback was added to the website, through which staff received several comments. Staff
published a draft of the proposed UDC changes on the website on January 15, 2015, and a public
meeting was held on January 22, 2015, to provide the public an opportunity to discuss and provide
comment on the draft language, where staff received additional comments. Staff has also received
various comments from the public via email and telephone conversations. A chart (Exhibit C) has
been created that lists all public comments staff has received to date and indicates whether those
comments have been incorporated into the proposed UDC amended text.
Next Steps:
The proposed amendments are scheduled for public hearing and first reading of the ordinance
before City Council on February 10th and for second reading of the ordinance on February 24th.
The UDC Development Manual will be updated following the approval to reflect the amendments.
In March 2015, once the amendments are effective, the Historic Landmark designation process
will begin. Staff is currently working to select a consultant for the new historic resource survey, a
replacement of the 1984 and 2007 historic resource surveys. The new survey is planned to begin
this April and will establish the contributing versus non-contributing historic structure status, and
will help to provide a basis for the designation of the historic landmarks.
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Laurie Brewer, Assistant City Manager
ATTACHMENTS:
Description Type
Exhibit A - UDC Amendment Text Exhibit
Exhibit B - Sumarry of Changes in Final Action Authority Exhibit
Exhibit C - Public Comments Exhibit
Exhibit D - Resolution 052714-N Exhibit
Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria policies to guide improvements to properties and work within the
Downtown Overlay District, and Old Town Overlay District, and Historic Overlay District.
Deleted language is strikethrough Page 1 of 1
Added language is underline
Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 1 of 49
Chapter 2 Review Authority
Section 2.01 General
2.01.020 Summary of Review Authority
The following Table summarizes the decision-making authority of each review body for the City of
Georgetown.
Table 2.01.020: Summary of Review Authority
Procedure
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City Council Action
Access Point Connection Exemption R R R <DM>
Annexation R <DM>
Comprehensive Plan Amendment R <R> <DM>
Conservation Subdivision/Site Analysis Map R R DM
Development Agreement R <R> <DM>
Historic Overlay District Designation R R <R> <R> <DM>
Historic Landmark Designation R <R> <DM>
Rezoning (Zoning Map Amendment) R <R> <DM>
Special Use Permit R <R> <DM>
UDC Text Amendment R <R> <DM>
Administrative Action
Administrative Exception DM A A*
Administrative Plat (minor or amend plat) DM R A
Administrative Certificate of Design
Compliance AdministrativeAppropriateness DM DM A
Construction Plans DM A
Courthouse View Height Determination DM A
Driveway Permit DM A
Final Plat DM R A
Heritage Tree Protection Priority DM R R A
Heritage Tree Pruning Permit A DM
Heritage Tree Removal DM A
License to Encroach DM A
Master Sign Plan DM A
Sign Permit DM A
Site Plan DM R A
Stormwater Permit DM A
Temporary Use Permit DM A
Traffic Impact Analysis DM A
Historic and Architectural Review Commission (HARC) Action
Certificate of Design
ComplianceAppropriateness R R <DM> A
Deleted language is strikethrough Page 1 of 1
Added language is underline
Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District , and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 2 of 49
Procedure
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HARC Exception (Building Height/ Setback
variations pursuant to Section
4.08/Alternative Parking Plan)
R R <DM> A
Heritage Tree Protection Priority R R R DM A
Master Sign Plan R R <DM> A
Zoning Board of Adjustment (ZBA) Action
Appeal of Administrative Decision <DM>
Special Exception R <DM>
Variance <DM>
Planning and Zoning Commission
Heritage Tree Protection Priority R R R DM A
Minor or Final Plat w/Waiver R R DM A
Plat Waiver R R DM A
Preliminary Plat R R DM A
Variance (floodplain & stormwater) <DM>
R – Review or Recommendation DM – Decision Making Authority A – Appeal Authority
< > - Public Hearing * Administrative Exceptions related to Chapter 8 items are sent to the City Council, all others are
appealed to ZBA.
Section 2.02 Administrative Officials
2.02.010 Director of Planning and Development Department (Director)
B. Powers and Duties
The Director of Planning and Development Department has the following powers and duties:
1. Final Action
The Director is responsible for taking final action on the following procedures described in
this Code, subject to the specific criteria for each procedure as described in the Code.
a. Administrative Exceptions
b. Administrative Plats
c. Final Plats
d. Site Plans
2. Review and Report
The Director shall review and make either a report or recommendation to the Historic and
Architectural Review Commission, Zoning Board of Adjustment, Planning & Zoning
Commission, or City Council on the following procedures, subject to the terms and
conditions set forth for such procedures in this Code.
a. Access Point Connection Exemption
Deleted language is strikethrough Page 1 of 1
Added language is underline
Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 3 of 49
b. Certificate of Design Compliance
cb. Comprehensive Plan Amendment
dc. Development Agreement
ed. Historic Overlay District Designation
fe. Preliminary Plat
gf. Rezoning (Zoning Map Amendment)
hg. Special Exception
ih. Special Use Permit
ji. Unified Development Code Text Amendment
kj. Variance
3. Additional Duties
The Director shall have the following additional duties:
a. To comply with any other duty or responsibility clearly assigned to the Director
elsewhere in this Code;
b. To ensure conformance with all provisions of this Code;
c. To meet with potential applicants in Pre-application Conferences as described in this
Code; and
d. To act and serve as staff for each review body appointed by this Code; and.
e. To act and serve as the City’s Historic Preservation Officer and coordinate the City’s
various efforts and programs furthering historic preservation.
4. Delegation
The Director may delegate any duties to members of the Planning and Development
Department staff. Such designation authorizes the staff member to act on the Director’s
behalf, but does not relieve the Director of overall responsibility for any final action, report,
recommendation or additional duty described in this Code.
2.02.060 Historic Preservation Officer
A. Designation
The Director may designate a Historic Preservation Officer to function as described in this Code.
B. Powers and Duties
The duties of the Historic Preservation Officer shall include, but are not limited to:
1. Providing review, report and recommendation to the Historic and Architectural Review
Commission (HARC) regarding Certificates of Appropriateness and any other provisions of
this Code requiring action by HARC;
2. Reviewing and taking final action on Administrative Certificates of Appropriateness;
Deleted language is strikethrough Page 1 of 1
Added language is underline
Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 4 of 49
3. Reviewing and taking final action on Alternative Parking Plans in a Historic Overlay
District; and
4. Coordinating local historic preservation efforts with the State Historic Preservation Office
(SHPO), the National Park Service (NPS), and the Advisory Council on Historic Preservation
(ACHP) in compliance with the National Historic Preservation Act of 1966, as amended,
TAC Chapter 15.6, as amended and any additional federal and state enabling legislation.
Section 2.03 Historic & Architectural Review Commission (HARC)
2.03.010 Powers and Duties
The Historic and Architectural Review Commission (HARC) has the following powers and duties as
described in this Code:
A. Final Action
The HARC shall be responsible for hearing and taking final action on the following procedures
described in this Code:
1. Certificate of Appropriatenessof Design Compliance; and
2. HARC Exceptions ons (Building Height and Setback variations pursuant to Section 4.08. of
this Code020 and an Alternative Parking Plan pursuant to Section 9.02.050); and.
3. Heritage Tree Protection Priority pursuant to Section 8.02.050.B
3. Hear and take final action on an appeal of an Administrative Certificate of Appropriateness.
B. Review and Recommendation
The HARC shall review and make recommendations to the City Council on the designation of
Historic Overlay Districts and Historic Landmark Designations, subject to the terms and
conditions set forth for the procedure in this Code.
C. Additional Duties
The HARC has the following additional duties:
1. To act and assist the City Council in formulating design guidelines and other supplemental
materials relevant to historic preservation or design review; and
2. To render advice and guidance, upon request of the property owner or occupant, on new
construction or the restoration, alteration, or maintenance of any historic resource building
or structure or other building within the Downtown, Old Town, anda Historic Overlay
Districts or designated as a Historic Landmark.; and
3. Hear and decide an appeal of an Administrative Certificate of Design Compliance.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District , and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 5 of 49
Chapter 3 Applications and Permits
Section 3.01 General
3.01.020 Applicability of Procedures
The following Table shows which review procedures, applications and permits apply in the City and
its extraterritorial jurisdiction.
Table 3.01.020 Applicability of Procedures
City Limits Extraterritorial Jurisdiction
Prior to Subdivision, Platting and any Development
Comprehensive Plan Amendment X X
UDC Text Amendment X X
Rezoning (Zoning Map Amendment) X
Historic Overlay District Designation X
Historic Landmark Designation X
Special Use Permit X
Development Agreement X X
Access Point Connection Exemption X X
Subdivision & Platting of Land
Recording Plats X X
Preliminary Plat X X
Construction Plans X X
Plat Vacation X X
Plat Waiver X X
Development Application Process
Site Plan X
Construction Plans X
Zoning Verification Letter X
Legal Lot Verification Letter X X
Temporary Use Permit X
Master Sign Plan X X
Certificate of Design Compliance
Appropriateness X
Appeal of an Administrative Decision X X
License to Encroach X X
Variance X
Administrative Exception X
Special Exception X
Stormwater Permit X X
Driveway Permit X X
Sign Permit X X
Courthouse View Height Determination X
3.01.030 Simultaneous Submission of Related Applications
A. Submission of different applications related to the same development may be made
simultaneously, although consideration of applications must remain in the following sequence:
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 6 of 49
1. Comprehensive Plan;
2. Zoning;
3. Subdivision and Plat;
4. Certificate of Design ComplianceAppropriateness; then
5. Site Plan.
B. Any application submitted simultaneously is subject to approval of all other related
applications. Denial or disapproval of any concurrently submitted application shall stop
consideration of any related applications.
C. An applicant may withdraw any individual application from a group of simultaneously
submitted applications.
Section 3.02 Common Review Elements
3.02.010 Pre-application Conference
Prior to the submission of an application required by this Code, a Pre-application Conference with
the Director shall be required as follows.
A. A Pre-application Conference is a meeting between a potential applicant under this Code and
the Director of Planning and Development Department or a designated representative. The
conference is an opportunity for an applicant to describe what application is being considered,
and the Director to indicate which application is appropriate, which review body is responsible
for final action, and what criteria will be used to determine whether the permit should be
approved.
B. There is no required format for a Pre-application Conference; it may occur in any form so long
as the potential applicant receives the information described above. The applicant is responsible
for completing a Pre-application Conference, and must sign a Pre-application Statement
indicating the date of the Pre-application Meeting.
C. A Pre-application Conference is required for the following applications:
• Access Point Connection Exemption
• Administrative Exception
• Annexation (Voluntary)
• Certificate of Design Compliance Appropriateness
• Comprehensive Plan Amendment
• Conservation Subdivision Site Analysis Map
• Construction Plans
• Courthouse View Height Determination
• Development Agreement
• Driveway Permit
• Historic Overlay District Designation
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 7 of 49
• Historic Landmark Designation
• License to Encroach
• Master Sign Plan
• Planned Unit Development
• Plat Waiver
• Plat Vacation
• Rezoning (Zoning Map Amendment)
• Site Plan
• Special Exception
• Special Use Permit
• Stormwater Permit
• Subdivision Plats - All
• Temporary Use Permit
• Unified Development Code Text Amendment
• Variance
D. Pre-application Conferences may be combined when an applicant will be making simultaneous
applications for the same project.
E. Completion of a Pre-application Conference does not imply or assume subsequent approval of
the permit or application.
Section 3.03 Public Hearing and Notice
3.03.010 Provision of Public Notice
A. Summary of Notice Required
Notice shall be required for application review as shown in the following Table.
Table 3.03.010: Summary of Notice Requirements
Procedure Published Mailed Posted
Access Point Connection Exemption X X X
Certificate of Design Compliance
Appropriateness X‡
Certificate of Appropriateness for relocation,
removal or demolition, or setback
modification
‡ ‡
Development Agreement * * *
Historic Overlay District Designation X X X
Historic Landmark Designation X X X
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District , and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 8 of 49
Replat without Vacating (§212.0145) X X
Rezoning (Zoning Map Amendment) X X X
Special Exception X X X
Special Use Permit X X X
UDC Text Amendment X
Variance X X X
X = Notice Required
* = Notice to be determined by Development Agreement Committee per Section 3.20
‡ = Only applicable to Certificate of Appropriateness applications that require
consideration by the Historic and Architectural Review Commission
B. Published Notice
1. A Public Notice shall be published at least once in a local newspaper of general circulation,
as designated by the City Council, within the City prior to the meeting. The Notice shall
contain the time and place of such Public Meeting or Hearing and a brief description of the
agenda items that may be considered or reviewed.
2. A published notice shall be published at least 15 days in advance of the Public Meeting or
Hearing.
C. Mailed Notice
1. Generally
A Notice of Public Hearing shall be sent by U.S. mail to owners of record of real property
within 200 feet of the boundary of the property under consideration, as determined by the
most recent municipal tax roll information. The notice may be served by its deposit in the
municipality, properly addressed with postage paid, in United States mail at least 15 days
prior to the date set for the Public Hearing or as otherwise required by the Texas Local
Government Code, as amended.
2. Special Mailed Notice Required for Certain Replats
Replats containing any area or lot that, during the preceding five years, was limited by an
interim or permanent zoning classification to residential use for not more than two
residential units per lot or in the preceding plat was limited by deed restrictions to
residential use for not more than two residential units per lot, require mailed notice to all
owners of lots that are part of the original subdivision and located within 200 feet of the
boundary of the property to be replatted, in the same manner as prescribed in Section
3.03.010.C.1 above and in accordance with §212.015 of the Texas Local Government Code,
as amended.
3. Special Mailed Notice Required for Special Exception for Setback Modification
In addition to the requirements of Section 3.03.010.C.1 above, mailed notice shall also be
provided to all owners of property within the subject block in which the property under
consideration for Special Exception for Setback Modification is located.
4.3. Special Mailed Notice Required for PUD Modification
a. For purposes of mailed notice, the boundary of a PUD Modification shall be the
boundary of any tract of land for which PUD standards or requirements are proposed
to change due to the modification.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 9 of 49
b. In addition to the requirements of Paragraph 1 above, mailed notice shall also be
provided all owners of property within the entire PUD boundary, not otherwise
notified.
D. Posted Notice
1. Notice shall be posted in a format approved by the Director on the subject property, along
rights-of-way contiguous to the proposed development according to the following
standards:
a. One sign for tracts of less than 300 feet of right-of-way frontage;
b. One sign at each interval of 1,000 feet; and
c. The total number of signs shall not be required to exceed a total of four signs per right-
of-way.
2. Notice of application for a Certificate of Design Compliance shall be posted at the project
site such that it is visible from the public right-of-way, including contact information and
meeting date. For Certificates of Design Compliance processed administratively, the notice
shall provide contact information and the expected date of decision.
3. The applicant shall be responsible for posting and maintaining the sign on a format
approved by the Director, and for removing the sign within five days following the Public
Hearing on the application.
4. Posted notice shall be posted not less than 15 days prior to the scheduled Public Hearing.
E. Content of Notice
Published or mailed notices shall contain at least the following specific information:
1. The general location of land that is the subject of the application, including a location map
with the mailed notice only;
2. The legal description or street address;
3. The substance of the application, including the type of proposed development and the
current Zoning District;
4. The time, date, and location of the Public Hearing;
5. A phone number to contact the City; and
6. A statement that interested parties may appear at the Public Hearing.
F. Constructive Notice
Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the
notice if a bona fide attempt has been made to comply with applicable notice requirements.
3.03.020 Required Public Hearing
The following Table identifies the types of applications requiring a Public Hearing and the review
body responsible for conducting the Hearing.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 10 of 49
Table 3.03.020: Summary of Required Public Hearing
Type of Application HARC Zoning Board
of Adjustment
Planning &
Zoning
City
Council
Access Point Connection Exemption X
Appeal of Admin. Decision X
Certificate of Design Compliance
Appropriateness
X‡
Comprehensive Plan Amendment X X
Development Agreement * X
Historic Overlay District Designation X X X
Historic Landmark Designation X X
Replat (Resubdivision) X X
Rezoning (Zoning Map Amendment) X X
Special Exception X
Special Use Permit X X
UDC Text Amendment X X
Variance X
X = Public Hearing Required
* = Public Hearing to be determined by Development Agreement Committee per Section 3.20
‡ = Only applicable to Certificate of Appropriateness applications that require consideration by the
Historic and Architectural Review Commission
Section 3.06 Zoning Map Amendment – Rezoning
3.06.010 Applicability
For the purpose of establishing and maintaining sound, stable, and desirable development within the
territorial limits of the City, the Official Zoning Map may be amended based upon changed or
changing conditions in a particular area, or in the City generally, or to rezone an area or extend the
boundary of an existing Zoning District or Overlay District. All amendments must be consistent with
the Comprehensive Plan. The provisions of the Section related to rezoning are adopted pursuant to
Texas Local Government Code Chapter 211 and the City Charter.
3.06.020 Review Process
A. Initiation
Initiation of a map amendment may be made upon:
1. Application of a property owner or their designated agent;
2. Recommendation of the City Council;
3. Recommendation of the Planning & Zoning Commission; or
4. For a Historic Landmark or Historic Overlay District designation, recommendation of the
Historic and Architectural Review Commission; or
5. Recommendation of the Director.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 11 of 49
B. Application and Completeness Determination
The Director is responsible for checking that a complete application has been submitted with all
material necessary for the City Council to render an informed decision.
C. Staff Review
1. The Director shall review the application, considering any applicable criteria for approval
and prepare a report to the Planning & Zoning Commission, the Historic and Architectural
Review Commission (where applicable), and City Council.
2. The Director may establish procedures for administrative review necessary to ensure
compliance with this Code and state statutes.
3. The Director may assign staff to review the application and make a report to the Director.
4. The Director’s report may include a recommendation for final action.
D. Historic and Architectural Review Commission
When a request is made for Historic Landmark or Historic Overlay District designation, the
Commission shall hold a Public Hearing in accordance with its rules and state law, and make a
recommendation to the City Council following notice in accordance with Section 3.03.
DE. Planning &
Zoning Commission Review
Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing
in accordance with its rules and state law and make a recommendation to the City Council.
Designation of a Historic Landmark shall not require review and recommendation by the
Planning and Zoning Commission.
F. City Council Final Action
1. The City Council shall hold a Public Hearing and may take final action on the proposed
amendment.
2. The amendment shall become effective when approved by the City Council and in
accordance with the City Charter. If a proposed amendment has been recommended for
disapproval by the Planning & Zoning Commission or and the Historic and Architectural
Review Commission (where applicable) the amendment may not become effective except
by a three-fourths vote of all members of the City Council.
3.06.030 Approval Criteria (Rezoning)
The City Council shall consider the following approval criteria for zoning changes:
A. The application is complete and the information contained within the application is sufficient
and correct enough to allow adequate review and final action;
B. The zoning change is consistent with the Comprehensive Plan;
C. The zoning change promotes the health, safety or general welfare of the City and the safe
orderly, and healthful development of the City;
D. The zoning change is compatible with the present zoning and conforming uses of nearby
property and with the character of the neighborhood; and
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 12 of 49
E. The property to be rezoned is suitable for uses permitted by the District that would be applied
by the proposed amendment.
3.06.040 Approval Criteria (Planned Unit Development)
In addition to the zoning change criteria above, the City Council shall consider the following specific
objectives and criteria for approving the PUD.
A. Specific Objectives
Rezoning to and development under the PUD District will be permitted only in accordance
with the following specific objectives:
1. A variety of housing types, employment opportunities, or commercial services to achieve a
balanced community;
2. An orderly and creative arrangement of all land uses with respect to each other and to the
entire community;
3. A planned and integrated comprehensive transportation system providing for a separation
of pedestrian and vehicular traffic, to include facilities such as roadways, bicycle ways, and
pedestrian walkways;
4. The provisions of cultural or recreational facilities for all segments of the community;
5. The location of general building envelopes to take maximum advantage of the natural and
manmade environment; and
6. The staging of development in a manner which can be accommodated by the timely
provision of public utilities, facilities, and services.
3.06.050 Approval Criteria (Overlay Districts) - Reserved.
3.06.060 Approval Criteria (Historic Overlay Districts Designation)
A. In addition to the approval criteria for zoning changes abovein Section 3.06.030, the City
Council shall consider the following criteria for approving a Historic Overlay District:
1. Character, interest, or value of the structures, sites or area because of its their unique role in
the development, heritage or cultural characteristics of the Ccity of Georgetown, county,
Sstate of Texas or nation;
2. Occurrence of a notable historical event at the structures, sites, or area;
3. Identification of the structures, sites, or area with a person or persons who contributed
notably to the culture and development of the city, county, state, or nation, or society;
4. Embodiment in multiple buildings in a structure or site or area under consideration of
distinctive elements of architectural design, detail material, or craftsmanship related to a
uniqueness to the area, or the related distinctiveness of a craftsman, master builder or
architect, or a style or innovation; and
5. Archaeological value in the sense that the structure s, sites, or area has have produced or
can be expected to yield, based on physical evidence, information affecting knowledge of
history or prehistory; and.
6. Other unique historical value.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 13 of 49
B. Required Findings
1. In recommending the application of a n hHistoric oOverlay District designation to an area of
the City, the Historic and Architectural Review Commission shall recommend express
findings to the City Council regarding the specific structures, landscapes, or other physical
aspects of the District on which it bases the determination required by the criteria above.
C.2. Where tThe
designation of a Historic Overlay District is shall be made based on the general character of
the District or landmark character defining features of the district or area,, these findings
may include, but shall not necessarily be limited to including but not limited to:
1.a. Scale of buildings and structures typical of the area;
2.b. Architectural style of the buildings and structures;
3.c. Architectural period of the buildings and structures;
4.d. Building materials typical of the area;
5.e. Colors and textures used in the buildings and structures typical of the area;
6.f. Signage and street furniture typical of the area;
7. Landscapes typical of the area;
8. Typical relationships of buildings to the landscapes in the area;
9.g. Typical relationships of buildings in the area to the street;
10.h. Setbacks and other physical patterns of buildings in the area;
11.i. Typical patterns of rooflines of buildings in the area; and
12.j. Typical patterns of porch and entrance treatments of buildings in the area.
D. Where the designation is made based on the character of a limited number of specific
buildings in the area, the findings may include, but shall not necessarily be limited to:
1. Architectural style of the buildings;
2. Architectural period of the buildings;
3. Textures and colors of materials used in the buildings;
4. Shapes of the buildings;
5. Rooflines of the buildings;
6. Porch and entrance treatments of the buildings;
7. Height and mass of the buildings; and
8. Relative proportions of the buildings (width to height, width to depth).
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 14 of 49
3.06.070 Approval Criteria (Historic Landmark Designation)
A. The City Council shall consider the following criteria for designating a building, structure or
site within the City limits a local Historic Landmark:
1. Character, interest, or value of the building, structure or site because of its unique role in
the development, heritage or cultural characteristics of the city, county, state or nation;
2. Occurrence of a notable historical event at the building, structure or site;
3. Identification of the building, structure or site with a person or persons who contributed
notably to the culture and development of the city, county, state, nation, or society;
4. Distinctive elements of architectural design, detail material, or craftsmanship that make it
an established or familiar visual feature, or the related distinctiveness of a craftsman,
master builder or architect, or a style or innovation; and
5. Archaeological value in the sense that the building, structure or site can be expected to
yield, based on physical evidence, information affecting knowledge of history or
prehistory.
B. Required Findings
1. In recommending the designation of a Historic Landmark, the Historic and Architectural
Review Commission shall recommend express findings to the City Council regarding the
specific building, structure or site on which it bases the determination required by the
criteria above.
2. Where the designation is made based on the general character of the building or structure,
these findings shall include three or more of the following:
a. Architectural style of the building or structure;
b. Architectural period of the building or structure;
c. Textures and colors of materials used in the building or structure;
d. Shape of the building or structure;
e. Roofline of the building or structure;
f. Porch and entrance treatments of the building or structure;
g. Height and mass of the building or structure; and
h. Relative proportions of the building or structure (width to height, width to depth).
3.06.080 Interim Control during Historic Landmark or Historic Overlay District
Consideration
A. Upon deeming an application for a Historic Landmark or Historic Overlay District designation
complete, Nno Building Permit may be issued by the City for alteration, construction,
demolition or removal of any property building or structure located within an the area
proposed for such designation. to the Historic District
B. This Building Permit hold period shall commence onfrom the date the application for Historic
Landmark or Historic Overlay District designation is deemed complete until its final disposition
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 15 of 49
by the City Council. For City initiated requests, this Building Permit hold period shall
commence on the date the Resolution to initiate the request is adopted until final disposition by
the City Council.
C. The Building Permit hold period shall not apply to, unless such alterations, removal or
demolition is authorized by formal action of the Building Standards Board as necessary for
preservation of the public health, welfare or safety as provided for Dangerous Buildings in
Chapter 15 of the City Code of Ordinances. In no event will the delay be for more than 120 days.
Section 3.12 Master Sign Plan
3.12.010 Applicability
A Master Sign Plan shall be required for all multiple-tenant buildings, Planned Unit Developments,
and all multi-building or multi-occupant commercial developments before any signs for such
development may be erected on the property. All owners, tenants, subtenants, and purchasers of
individual units within the development shall comply with the approved Master Sign Plan.
3.12.020 Review Process
A. Review of a Master Sign Plan shall follow the procedure set forth in Section 3.03.0403.03.050,
save and except a Master Sign Plan for property located in a Historic Overlay District.
B. Review of a Master Sign Plan for property in a Historic Overlay District shall follow the
procedure set forth in Section 3.13 of this Code.
3.12.030 Criteria for Approval
In addition to the general administrative review criteria in Section 3.03.040.D 3.03.050.D or 3.13 for
property in a Historic Overlay District, the Building Official or Historic and Architectural Review
Commission, as applicable, must determine the following in order to approve the Master Sign Plan:
A. The plan provides that signs of a similar type and function within the development will have a
consistent building material.;
B. The plan provides for signs that meet the size limitations, location requirements, and other
applicable requirements of this Unified Development Code.; and
C. Plans for property located in a Historic Overlay District shall be in keeping with the adopted
design guidelines Downtown and Old Town Design Guidelinesof the Historic Overlay District.
3.12.040 Responsibility for Final Action
A. The Building Official is responsible for final action on Master Sign Plans, save and except
Master Sign Plans for property located in a Historic Overlay District. A sign permit shall also be
required in accordance with Section 3.18.
B. The Historic and Architectural Review Commission is responsible for final action on Master
Sign Plans for property located in a Historic Overlay District.
C. A Sign Permit for all signs in the Master Sign Plan shall also be required in accordance with
Section 3.18.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 16 of 49
3.12.050 Expiration
A Master Sign Plan shall expire 24 months after the date that the Master Sign Plan was approved
unless:
A. A Building Permit application has been approved or, if no Building Permit is required, a
Certificate of Occupancy, or equivalent, has been issued.
B. In case of projects where more than one building or phase is to be built, the applicant may
submit a series of Building Permit applications. The first application must be approved within
12 months from the date Site Plan approval is granted. Each subsequent application must be
submitted within 24 months from the date of issuance of a Certificate of Occupancy by the
Building Official for the previous phase of the development.
[Existing Section 3.13 removed and replaced by new Section 3.13 as
follows:]
Section 3.13 Certificate of Appropriateness
3.13.010 Applicability
A. Pursuant to the authority granted to the City by Texas Local Government Code Chapter 211 and
the City Charter, a Certificate of Appropriateness is required in accordance with Table 3.13.010
below:
Table: 3.13.010: Certificate of Appropriateness Required
Project (Scope of Work) Historic Significance Review
Authority
HARC = Historic and Architectural Review Commission * HPO = Historic Preservation Officer * NR = Not Required
New Construction (Infill Development)
New building construction All Historic Overlay Districts HARC
Additions
To create or add to an existing street facing facade
Historic Landmark
HARC Contributing Historic Structure
Non-Contributing Historic Structure HPO
Non-street facing façades
Historic Landmark HARC
Contributing Historic Structure HPO
Non-Contributing Historic Structure NR
New addition does not comply with the zoning
standards of the historic overlay district
Historic Landmark
HARC Contributing Historic Structure
Non-Contributing Historic Structure
Awning or canopy Historic Landmark HARC
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 17 of 49
Project (Scope of Work) Historic Significance Review
Authority
HARC = Historic and Architectural Review Commission * HPO = Historic Preservation Officer * NR = Not Required
Contributing Historic Structure* HPO
Non-Contributing Historic Structure NR
Porch, patio or deck
Historic Landmark HARC
Contributing Historic Structure* HARC
Non-Contributing Historic Structure NR
Reconstruction, Alterations, Changes
Restoring original door or window openings
Historic Landmark
HPO Contributing Historic Structure*
Non-Contributing Historic Structure NR
Replacing a historic architectural feature with a non-
historic architectural feature
Historic Landmark
HARC Contributing Historic Structure*
Non-Contributing Historic Structure NR
Replacing roof materials with different roof
materials
Historic Landmark HARC
Contributing Historic Structure HPO
Non-Contributing Historic Structure NR
Modifications to exterior steps, stairways and ramps
using in-kind material
Historic Landmark
HPO Contributing Historic Structure*
Non-Contributing Historic Structure NR
Modifications to exterior steps, stairways and ramps
Historic Landmark HARC
Contributing Historic Structure*
HPO Non-Contributing Historic Structure*
Paint removal from historic and significant
architectural features
Historic Landmark
HPO Contributing Historic Structure*
Non-Contributing Historic Structure NR
Changes to paint color on previously painted
surfaces
Historic Landmark
HPO Contributing Historic Structure*
Non-Contributing Historic Structure*
New paint on unpainted historic and other
significant architectural features
Historic Landmark
HPO Contributing Historic Structure*
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 18 of 49
Project (Scope of Work) Historic Significance Review
Authority
HARC = Historic and Architectural Review Commission * HPO = Historic Preservation Officer * NR = Not Required
Non-Contributing Historic Structure NR
Changes in color to awning fabric
Historic Landmark
HPO Contributing Historic Structure*
Non-Contributing Historic Structure*
Exterior lighting that is attached to the building or
structure
Historic Landmark
HPO Contributing Historic Structure*
Non-Contributing Historic Structure*
Rooftop HVAC, mechanical or communication
equipment that result in no modifications to the
building façade
Historic Landmark*
HPO Contributing Historic Structure*
Non-Contributing Historic Structure*
Rooftop HVAC, mechanical or communication
equipment that result in modifications to the
building façade
Historic Landmark
HARC Contributing Historic Structure*
Non-Contributing Historic Structure* HPO
Removal, Demolition or Relocation
Awnings or canopies
Historic Landmark HARC
Contributing Historic Structure* HPO
Non-Contributing Historic Structure NR
Exterior non-historic architectural features
Historic Landmark
HPO Contributing Historic Structure*
Non-Contributing Historic Structure NR
Exterior siding to unencapsulate historic siding
materials
Historic Landmark
HPO Contributing Historic Structure*
Non-Contributing Historic Structure NR
Removal, stripping, concealing, or destruction of
any historic and architectural features that is
integral to the historic character of the building or
structure, or historic overlay district
Historic Landmark
HARC Contributing Historic Structure*
Non-Contributing Historic Structure* HPO
Non-historic additions that are made of non-historic
materials
Historic Landmark
HPO Contributing Historic Structure
Non-Contributing Historic Structure NR
Attached carport, porch, patio or deck Historic Landmark HARC‡
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 19 of 49
Project (Scope of Work) Historic Significance Review
Authority
HARC = Historic and Architectural Review Commission * HPO = Historic Preservation Officer * NR = Not Required
Contributing Historic Structure*
Non-Contributing Historic Structure NR
Attached carport, porch, patio or deck made of non-
historic materials
Historic Landmark
HPO Contributing Historic Structure*
Non-Contributing Historic Structure NR
Reopen enclosed porch, patio or deck to original
condition
Historic Landmark
HPO Contributing Historic Structure*
Non-Contributing Historic Structure NR
Street facing façade
Historic Landmark
HARC‡ Contributing Historic Structure
Non-Contributing Historic Structure NR
30% or more of the square footage of a building
Historic Landmark
HARC Contributing Historic Structure
Non-Contributing Historic Structure NR
Less than 30% of the square footage of a building
Historic Landmark HARC
Contributing Historic Structure HPO
Non-Contributing Historic Structure NR
Relocation of a building or structure on the same lot
Historic Landmark
HPO Contributing Historic Structure
Non-Contributing Historic Structure
Relocation of a building or structure to a historic
overlay district (includes relocation of buildings or
structures within the same historic overlay districts)
Historic Landmark
HARC Contributing Historic Structure
Non-Contributing Historic Structure
Relocation of a building or structure outside of the
historic overlay district
Historic Landmark
HARC Contributing Historic Structure
Non-Contributing Historic Structure NR
Signage
Master Sign Plan
All Historic Overlay Districts
HARC
New signage, to include new signage that is
consistent with an approved Master Sign Plan HPO
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 20 of 49
Project (Scope of Work) Historic Significance Review
Authority
HARC = Historic and Architectural Review Commission * HPO = Historic Preservation Officer * NR = Not Required
New signage that is inconsistent with an approved
Master Sign Plan or applicable guidelines HARC
Changes in content or configuration (re-facing) that
do not involve changes in sign location, dimensions,
lighting or total sign area
HPO
Amending an approved Master Sign Plan HARC
Fences
New fence, railing or wall that is consistent with the
overlay district’s characteristics and applicable
guidelines
All Historic Overlay Districts†
HPO
New fence, railing or wall that is inconsistent with
the overlay district’s characteristics and applicable
guidelines HARC
Removal of chain, link, plywood, or vinyl fence and
replacing with wood, wrought iron, or masonry HPO
Miscellaneous
HARC exceptions (building height and setback
variations pursuant to Section 4.08) All Historic Overlay District HARC
Renewal of an expired Certificate of Appropriateness All Historic Overlay Districts
HPO Historic Landmark
*Only applicable to a street facing façade
†Only applicable to fences along a street lot line or located in a street yard
‡CLG demo delay period and Demolition Subcommittee review not applicable
B. Exemptions
A Certificate of Appropriateness shall not be required for the following:
1. Ordinary Maintenance and Repair, as this term is defined in Chapter 16 of this Code.
2. Interior construction or alterations provided the alterations do not alter the exterior wall of
the building.
3. New single and two-family residential development in the Old Town Overlay District
provided the building is in compliance with the zoning standards of the Historic Overlay
District.
4. New additions to existing single-family and two-family structures provided the addition
does not create or add to a street facing façade, and the addition in combination with the
existing building is in compliance with the zoning standards of the Historic Overlay District.
5. New or modifications to existing awnings (to include changes in color), canopies, exterior
paint color or exterior lighting fixtures of a single-family or two-family residential structure
provided the alterations do not alter the exterior wall of a building designated as a Historic
Landmark.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 21 of 49
6. Demolition of a building or structure that the Building Official has declared a dangerous
structure in accordance with Chapter 15.40 of the City Code, as amended, or determined
that demolition is necessary for the preservation of the public health, safety and welfare.
a. Should the Building Official declare a building a dangerous structure or determine that
demolition is necessary for the preservation of public health, safety and welfare, the
Building Official shall coordinate with the Historic Preservation Officer and property
owner to identify historic and significant architectural features that are unique to the
building or structure, era or district and that may be salvaged.
b. The Historic Preservation Officer shall create a record of the building or structure to be
demolished through archival-quality photo-documentation, drawings, and other
information similar to those required by the Historic American Buildings Survey. The
list of identified historic and significant architectural features to be salvaged shall also be
made part of this record.
7. Site alterations and other hardscape features provided that these do not alter a building or
structure designated as a Historic Landmark or that is a contributing historic structure to the
Historic Overlay District.
C. No Building Permit shall be issued by the Building Official for any building or structure
designated as a Historic Landmark or that is located in a Historic Overlay District until the
application for such permit has been reviewed and approved by the Historic and Architectural
Review Commission or the Historic Preservation Officer, as applicable, and the project, as
proposed, is in compliance with all other applicable regulations of this Code.
3.13.020 Certificate of Appropriateness – Administrative Approval
A. Review Process
1. Initiation
Initiation of a Certificate of Appropriateness to the Historic Preservation Officer may be
made upon application by the property owner of the affected property or their authorized
agent following the established application processes and requirements of this Chapter.
2. Application Completeness
a. The applicant shall submit all of the information and materials required in the UDC
Development Manual as specified on the applicable Certificate of Appropriateness
checklist.
b. The Historic Preservation Officer shall determine that a complete application has been
submitted with all material necessary to review the Certificate of Appropriateness’
conformance with applicable criteria for approval in accordance with this Code.
3. Staff Review
Once a Certificate of Appropriateness has been initiated and the application deemed complete,
the Historic Preservation Officer shall review the application for consistency with any
applicable criteria for approval.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 22 of 49
4. Responsibility for Final Action
a. The Historic Preservation Officer is responsible for final action on a Certificate of
Appropriateness for certain projects as specified in Section 3.13.010 of this Code.
b. Should the Historic Preservation Officer be unable to approve the request, the Historic
Preservation Officer may forward the request to the Historic and Architectural Review
Commission for review and final action at the next available meeting.
B. Criteria for Approval
The Historic Preservation Officer shall determine whether to grant a Certificate of
Appropriateness based on the following criteria:
1. The application is complete and the information contained within the application is correct
and sufficient enough to allow adequate review and final action;
2. Compliance with applicable design and development standards of this Code;
3. Compliance with the Secretary of the Interior’s Standards for the Treatment of Historic
Properties to the most extent practicable, and the adopted Downtown and Old Town Design
Guidelines, as may be amended from time to time, specific to the applicable Historic Overlay
District; and
4. The overall character of the applicable Historic Overlay District and the building or structure is
preserved, and the design in consistent with the Historic Overlay District.
3.13.030 Certificate of Appropriateness – HARC Approval
A. Review Process
1. Initiation
Initiation of a Certificate of Appropriateness to the Historic and Architectural Review Commission
may be made upon application by the property owner of the affected property or their
authorized agent following the established application processes and requirements of this
Chapter.
2. Application Completeness
a. The applicant shall submit all of the information and materials required in the UDC
Development Manual as specified on the applicable Certificate of Appropriateness
checklist.
b. The Historic Preservation Officer shall determine that a complete application has been
submitted with all material necessary to review the Certificate of Appropriateness’
conformance with applicable criteria for approval in accordance with this Code.
3. Staff Review
a. Once a Certificate of Appropriateness has been initiated and the application deemed
complete, the Historic Preservation Officer shall review the application for consistency
with any applicable criteria for approval.
b. The Historic Preservation Officer shall prepare a report to the Historic and Architectural
Review Commission.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 23 of 49
c. The Historic Preservation Officer’s report shall include a recommendation for final
action.
4. Responsibility for Final Action
a. The Historic and Architectural Review Commission shall review the application, the
Historic Preservation Officer’s report, conduct a hearing in accordance with the Historic
and Architectural Review Commission’s established procedures and state law, and take
final action on the application within 35 days of the application hearing unless the
applicant agrees to extend the time.
b. An application before the Historic and Architectural Review Commission shall be
considered approved by a majority vote of all members of the Historic and Architectural
Review Commission.
B. Criteria for Approval
The Historic and Architectural Review Commission shall determine whether to grant a Certificate
of Appropriateness based on the following criteria:
1. The application is complete and the information contained within the application is correct
and sufficient enough to allow adequate review and final action;
2. Compliance with any design standards of this Code;
3. Compliance with the Secretary of the Interior’s Standards for the Treatment of Historic
Properties to the most extent practicable, and the adopted Downtown and Old Town Design
Guidelines, as may be amended from time to time, specific to the applicable Historic Overlay
District;
4. The general historic, cultural, and architectural integrity of the building, structure or site is
preserved;
5. New buildings or additions are designed to be compatible with surrounding properties in
the applicable Historic Overlay District;
6. The overall character of the applicable Historic Overlay District is protected; and
7. The Master Sign Plan is in keeping with the adopted Downtown and Old Town Design
Guidelines and character of the Historic Overlay District.
C. Additional Criteria for Approval for Building Height Exceptions
1. Applicants requesting exceptions to the building height standards set forth in Section
4.08.020.A must submit documentation to HARC that the following standards will be met if
the requested exception to the height standards is approved:
a. The proposed building or addition shall not obscure views to and from the Courthouse
or overwhelm or detract from views of the Town Square Historic District;
b. The proposed building or addition shall be compatible with the height, scale, massing,
and volume reflected in the Downtown Overlay District, and the historic character of
the District; and
c. The proposed building shall be an extraordinary contribution to the aesthetic and
economic goals of the Downtown Master Plan.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 24 of 49
2. The documentation required by Section 3.13.030.C.1 must include, at a minimum, the
following information:
a. A visual analysis that identifies:
i. The extent to which the building would impact views to and from the Courthouse,
and to what extent the building will be visible from four directions; and
ii. How the building will relate to the context of the surrounding structures and the
character of the District; and
b. A summary of the conclusions of the visual analysis as to how the proposed building
will impact the District, specifically the immediate surroundings.
3. HARC may grant a request for a variation in height from the standards set forth in Section
4.08.020.A only if it determines that the following goals or purposes will still be achieved:
a. Views to and from the Courthouse and to and from the Town Square Historic District
will be protected; and
b. The character of the Downtown Overlay District and the Town Square Historic District
will be defined, reinforced, and preserved; and
c. The relationship of the proposed project to the existing structures in the immediate
vicinity remains consistent; and
d. The proposed project allows for the best utilization of redevelopment in the Downtown
Overlay District and the Town Square Historic District; and
e. The proposed project protects the historic buildings in the Downtown Overlay District.
D. Additional Criteria for Approval of a Setback Exception
1. The Historic and Architectural Review Commission may grant a Certificate of
Appropriateness, per Section 4.08.080.D of this Code, to modify the setback standards of the
underlying base zoning district for residential properties located within the Old Town
Overlay District.
2. HARC may take in consideration the following in determining whether to approve a
Certificate of Appropriateness for a setback exception:
a. Whether the proposed setback encroachment is solely a matter of convenience;
b. Whether there is adequate room on the site to allow the proposed addition or new
structure without encroaching into the setback;
c. Whether the proposed setback is compatible and in context within the block in which
the subject property is located;
d. Whether the proposed addition or new structure will be set closer to the street than
other units within the block;
e. Whether the proposed structure is replacing a structure removed within the past year;
f. Whether the proposed structure will replace a structure that previously existed with
relatively the same footprint and encroachment as proposed;
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 25 of 49
g. If the proposed encroachment is for a structure that is replacing another structure,
whether the proposed structure is significantly larger than the original;
h. If the proposed encroachment is for an addition, the scale of the addition compared to
the original house;
j. The size of the proposed structure compared to similar structures within the same block;
k. Whether the proposed addition or new structure will negatively impact adjoining
properties, including limiting their ability to maintain existing buildings;
l. Whether there is adequate space for maintenance of the proposed addition or new
structure and/or any adjacent structures; and/or
m. Whether the encroachment would enable existing large trees or significant features of
the lot to be preserved.
E. Additional requirements for relocation, removal or demolition of a Historic
Landmark or contributing historic structure
In addition to the Staff Review process established in Section 3.13.030.A, applications for a
Certificate of Appropriateness for the relocation, removal or demolition of a building or
structure designated as a Historic Landmark or contributing historic structure to the Historic
Overlay District shall be subject to the following additional review:
1. Demolition Delay Period Certified Local Government (CLG) Program
a. Upon deeming the application complete, requests for a Certificate of Appropriateness
for demolition of a Historic Landmark or contributing historic structure shall be subject
to a 60-day demolition delay period. The Historic and Architectural Review Commission
shall not take action on a request for demolition until the 60-day demolition delay period
is complete.
b. During this 60-day delay period, the applicant shall coordinate with the Historic
Preservation Officer to reach a satisfactory resolution that preserves the building or
structure, or that preserves historic and significant architectural features that are unique
to the building or structure, era or district.
c. The Historic Preservation Officer shall coordinate with local, county and other historic
organizations to explore possibilities for preserving, to include the possible relocation of
the structure.
d. The Historic Preservation Officer shall present the findings and resolution, if applicable,
to the Historic and Architectural Review Commission with the request.
2. Demolition Subcommittee Review
a. No later than the 30th day from deeming the application complete, the Historic and
Architectural Review Commission’s Demolition Subcommittee shall complete a walk-
through of the building or structure proposed to be demolished or relocated with the
Historic Preservation Officer and the applicant.
b. The Demolition Subcommittee shall review the application and analyze the building or
structure to determine possibility of preservation and restoration, and appropriateness
for demolition or relocation. In the event of demolition, the Demolition Subcommittee
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 26 of 49
shall also create a list of historic salvageable materials identified during the walk-
through.
c. The Demolition Subcommittee’s report shall include a recommendation for final action.
3. Responsibility of Final Action
a. In addition to the application and Historic Preservation Officer’s report, the Historic and
Architectural Review Commission shall review the recommendation by the Demolition
Subcommittee, conduct a Hearing in accordance with the HARC’s established
procedures and state law, and take final action on the application within 35 days of the
application Hearing unless the applicant agrees to extend the time.
b. As conditions of approval, the Historic and Architectural Review Commission may
require historic materials to be salvaged, archival-quality photo-documentation, and/or
architectural drawings of the building or structure proposed to be demolished or
relocated similar to those required by the Historic American Buildings Survey to be
submitted to the Historic Preservation Officer.
F. Criteria for Approval for relocation, removal or demolition of a Historic Landmark or
contributing historic structure
1. The Historic and Architectural Review Commission shall use circumstances or items that are
unique to the building or structure proposed to be relocated, removed or demolished when
reviewing the application.
2. The Historic and Architectural Review Commission shall make the following findings when
considering a request for demolition or relocation of a structure:
a. Loss of Significance
i. The applicant has provided information that the building or structure is no longer
historically, culturally or architecturally significant, or is no longer contributing to
the Historic Overlay District; and
ii. The applicant has established that the building or structure has undergone
significant and irreversible changes, which have caused the building or structure to
lose the historic, cultural or architectural significance, qualities or features which
qualified the building or structure for such designation; and
iii. The applicant has demonstrated that any changes to the building or structure were
not caused either directly or indirectly by the owner, and were not due to
intentional or negligent destruction, or lack of maintenance rising to the level of a
demolition by neglect; and
iv. Demolition or relocation of the building or structure will not cause significant
adverse effect on the Historic Overlay District or the City’s Historic Resources; or
b. Unreasonable Economic Hardship
i. The applicant has demonstrated that the property owner cannot take reasonable,
practical or viable measures to adaptively use, rehabilitate or restore the building or
structure, or make reasonable beneficial use of, or realize a reasonable rate of return
on a building or structure unless the building or structure may be demolished or
relocated; and
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 27 of 49
ii. The applicant must prove that the structure cannot be reasonably adapted for any
other feasible use, which would result in a reasonable rate of return; or
c. There is a compelling public interest that justifies relocation, removal or demolition of
the structure.
3. Relocation of a structure to a Historic Overlay District
In the event the building or structure is proposed to be relocated to a property in a Historic
Overlay District, in addition to the above, the applicant must demonstrate the following
with the application:
a. The architectural compatibility of the relocated building or structure with adjacent
buildings according to the applicable Downtown and Old Town Design Guidelines and
UDC standards for new construction; and
b. The proposed siting, setback and other applicable site-specific treatments according to
pertinent Downtown and Old Town Design Guidelines and UDC standards of the
applicable Historic Overlay District; and
c. Relocation will not damage existing contributing historic buildings or structures, or the
character of the Historic Overlay District.
3.13.040 Relocation, removal or demolition prior to approval of a Certificate of
Appropriateness
A. Demolition, including demolition by neglect, of a building or structure prior to approval of a
Certificate of Appropriateness by the Historic and Architectural Review Commission, when
required, shall be subject to an automatic hold on all permits. No permit may be granted until
this period is complete and the Historic and Architectural Review Commission has granted a
Certificate of Appropriateness for the demolition of the remaining building or structure, if
applicable.
B. The permit delay period shall be determined by the Historic and Architectural Review
Commission, but in no case shall it exceed 365 days.
C. The Certificate of Appropriateness for the demolition of the remaining building or structure, if
applicable, shall be reviewed and final action taken by the Historic and Architectural Review
Commission concurrently with the determination of the longevity of the permit hold period.
D. During this delay period, the applicant shall provide the following information to the Historic
Preservation Officer:
1. Documentation regarding the original and existing condition of the building or structure, to
include structural integrity and the extent of work necessary to stabilize the building or
structure.
2. Site Development Plan (or Plot Plan) identifying proposed development on site following
demolition of the building or structure.
3. List of any salvageable materials, and a plan offering donation or sale of the remaining
building or structure and any salvageable materials identified.
E. In the event of demolition by neglect, the applicant shall complete any work required to
stabilize and arrest further deterioration of the building or structure.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 28 of 49
3.13.050 Certificate and Compliance Inspections
A. It shall be the responsibility of the Historic Preservation Officer to issue the actual Certificate of
Appropriateness following approval by the Historic Preservation Officer or the HARC, with any
designated conditions, and to maintain a copy of the Certificate of Appropriateness, together with
the proposed plans. The Certificate shall be forwarded to the Building Official. These shall be
public documents for all purposes.
B. Work performed pursuant to the issuance of a Certificate of Appropriateness 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.
3.13.060 Limits on Resubmission
No application for the same project shall be considered within 180 days of the rejection or disapproval
by the Historic and Architectural Review Commission or Historic Preservation Officer, as applicable, of an
application. The applicant may submit a design for an entirely new project or a revised design that
substantially responds to the reasons for denial as set forth by the Historic and Architectural Review
Commission or Historic Preservation Officer, as applicable, at any time.
3.13.070 Expiration
A. A Certificate of Appropriateness, except as noted below, expires if the work authorized by the
Certificate of Appropriateness is not commenced within 24 months from the date of the final
action to approve the request. In the case of a phased project, after the initial phase is complete
or a Certificate of Occupancy has been issued, each subsequent phase shall commence within 24
months of the completion or Certificate of Occupancy of the prior phase. The Historic
Preservation Officer may extend the time commencement of work upon written request by the
applicant.
B. A Certificate of Appropriateness for relocation, removal or demolition expires if a Permit for
relocation or demolition has not been issued within 180 days or, if a permit is not required, the
work authorized by the Certificate of Appropriateness is not commenced within 180 days from
the date of the final decision to approve the request. The Historic Preservation Officer may
extend the time for commencement of work upon written request of the applicant.
3.13.080 Appeals
A person aggrieved by a final action of the Historic and Architectural Review Commission on a
Certificate of Appropriateness may appeal to the City Council, pursuant to the procedures set forth
below. Such appeal shall be submitted to the Historic Preservation Officer within 30 days of the final
action.
Appeals from an administratively issued Certificate of Appropriateness will be processed through the
Historic and Architectural Review Commission, subject to the procedures established for new
applications. Such appeal shall be submitted to the Historic Preservation Officer within 30 days of the
administrative action.
A. Appeal Hearing
The Hearing shall be set for the next available City Council or HARC meeting, subject to the
provision of public notification. Notification shall be provided in the same manner as the initial
Certificate of Appropriateness.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 29 of 49
B. Burden of Proof in Appeals
When an appeal is considered by the appellate body, the final action by the original reviewing
authority is presumed to be valid. The person filing the appeal shall present sufficient evidence
and have the burden to justify a reversal of the action being appealed.
C. Findings and Conclusions
All findings and conclusion necessary to the appeal decision shall be based upon reliable
evidence. Competent evidence (evidence admissible in a Court of Law) will be preferred
whenever reasonably available, but in no case may findings be based solely upon incompetent
evidence unless competent evidence is not reasonably available, the evidence in question
appears to be particularly reliable, and the matter at issue is not seriously disputed. In
exercising its authority, the appellate body may reverse or affirm, in whole or in part or modify
the original order, requirement, decision, or determination from which an appeal is taken and
make the correct order, requirement, decision, or determination, and for that purpose the
appellate body has the same authority as the original reviewing authority.
D. Decision on Appeal
The appellate body shall review the application, the staff report and meeting minutes, conduct a
Hearing in accordance with established procedures and state law, and take final action on the
appeal. It shall require a concurring vote of a majority of the appellate body’s members to
overturn a decision on a Certificate of Appropriateness.
Section 3.15 Variance and Special Exception
3.15.040 Criteria for Special Exception Review
If authorized by this Code, the Zoning Board of Adjustment may grant a Special Exception from the
requirements of the certain provisions of this Unified Development Code, if the Special Exception is
not contrary to the public interest and the spirit of this Code is preserved and substantial justice done.
No Special Exception shall be granted unless the ZBA finds the specific criteria identified in this Code
are met. The only Special Exceptions that may be granted by the Board are for the following:
• Residential Setback Modifications pursuant to Section 4.09.040 and 6.06.010.D
• Time Extension for an Abandoned Nonconforming Use, pursuant to Section 14.01.060.B.7
• Expansion of Nonconforming Use, pursuant to Section 14.02.050
• Right to Continue Nonconforming Use after destruction or damage, pursuant to Section
14.02.060.A
• Abandonment of a Nonconforming Structure Determination, pursuant to Section 14.04.050
• Expansion of a Nonconforming Structure, pursuant to Sections 14.04.080.B & C
• Abandonment of a Nonconforming Site, pursuant to Section 14.05.050
• A setback exception, pursuant to Section 14.05.050.D
• Expansion of a Nonconforming Site, pursuant to Sections 14.05.080.B & C
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 30 of 49
Chapter 4 Zoning Districts
Section 4.04 Zoning District Purpose Statements
4.04.040 Mixed-Use Zoning Districts
A. Mixed Use Downtown District (MU-DT)
The Mixed Use Downtown District (MU-DT) is intended to provide a location for a mix of land
uses including general commercial and retail activities, office as well as Single-family and Multi-
family in the downtown area. Developments in the MU-DT District are typically smaller in size
and scope although there may be occasionally heavy traffic. The Mixed Use Downtown District is
only appropriate in the traditional downtown area of Georgetown. Properties in MU-DT shall
meet the design requirements of the Downtown Overlay District, and Downtown and Old Town
Design Guidelines.
* For Uses allowed in the MU-DT District, see Chapter 5
* For Lot and Dimensional Standards, see Section 7.03
* For Building and Site Design Standards, see Sections 7.04 and 7.05
* For Downtown Overlay District Design Standards, see Section 4.08
* See also the Downtown Master Plan in the Comprehensive Plan
* See also the Downtown and Old Town Design Guidelines, referenced in Section 1.14
4.04.050 Overlay Zoning Districts
A. Special Area Plan Overlay District (SP)
B. Historic Overlay Districts
The City of Georgetown recognizes that as a matter of public policy the protection, enhancement,
and perpetuation of landmarks and districts of historical and cultural importance and
significance is necessary to promote the economic, cultural, educational, and general welfare of
the public. Historic Overlay Districts are created to:
• Protect and enhance the landmarks and districts which represent distinctive elements of
Georgetown’s historic, architectural, and cultural heritage;
• Foster civic pride in the accomplishments of the past;
• Protect and enhance Georgetown’s attractiveness to visitors and the support and stimulus
to the economy thereby provided;
• Insure the harmonious, orderly, and efficient growth and development of the city that is
sensitive to its historic resources;
• Promote economic prosperity and welfare of the community by encouraging the most
appropriate use of historic properties within the city; and
• Encourage stabilization, restoration, and improvements of such properties and their
values by offering incentives for rehabilitation and preservation.
1. Downtown Overlay District (D)
The Downtown Overlay District is intended to protect the aesthetic and visual character of
the Town Square and downtown Georgetown through the establishment of two distinct
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 31 of 49
zones, designated as Area 1 (Town Square Historic District) and Area 2 (remainder of the
Downtown Overlay District). All development within the Downtown Overlay District,
except ordinary maintenance and repair, shall be reviewed in accordance with the adopted
Design Guidelines by the Historic and Architectural Review Commission, which shall
review the location, character, and appearance of proposed development, renovation, or
redevelopment activity.
* For Specific Standards of the Downtown Overlay District, see Section 4.08
C2. Old Town Overlay District (OT)
The Old Town Overlay District is intended to preserve and protect historic structures,
maintain a residential appearance along South Austin and University Avenues, and
maintain the integrity of the historic character in the area commonly referred to as Old
Town.
* For Specific Standards of the Old Town Overlay District, see Section 4.0908
D3. Designated Historic Overlay District (H)
The Designated Historic Overlay District (H) is intended to preserve areas, structures, and
landmarks of historical or cultural significance. Each overlay designated district has may
have specific standards unique to the district, although developments in an Historic Overlay
District require a Certificate of Design Compliance from the Historic and Architectural
Review Commission.
1a. Designated Historic District: Town Square Designated Historic District (H-TS)
* For Specific Standards of the Town Square Designated Historic Overlay District, see
Section 4.1008
E4. Historic Landmark Designation (HL)
The purpose of the Historic Landmark Designation is to protect, preserve and enhance
buildings or structures of historical, architectural or cultural importance or value to the City
of Georgetown.
* For Specific Standards of the Historic Overlay Districts, see Section 4.08
C. Courthouse View Protection Overlay District (CVP)
FD. Gateway Overlay District (G)
[Existing Sections 4.08, 4.09, and 4.10 removed and replaced by new
Section 4.08 as follows:]
Section 4.08 Historic Overlay Districts
4.08.010 Designation of a Historic Overlay District
A. A Historic Overlay District may be established over any base zoning district within the city limits
and may be established over more than one base zoning district.
B. Creation or expansion of a Historic Overlay District requires approval by the City Council,
following the procedures for a Zoning Map Amendment in Section 3.06.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 32 of 49
C. Consideration of Standards for a Designated Historic District
The following shall be considered when developing standards for a Designated Historic District:
1. The findings adopted by the City Council for a specific Designated Historic District shall
define the scope of the City’s interest in protecting the historic resource and shall provide the
guidelines to be used, along with the applicable regulations, in considering whether to grant
or deny a Certificate of Appropriateness.
2. HARC may develop and the City Council may approve supplemental guidelines as it may
deem necessary to implement the regulations of a particular Designated Historic District or
the findings applicable to the designation of a particular Designated Historic District. Such
guidelines may include, but are not limited to, the following.
a. Charts or samples of acceptable materials for siding, foundations, roofs, or other parts of
buildings;
b. Illustrations of appropriate architectural details;
c. Numerical specifications of appropriate rhythms or proportions;
d. Specifications of appropriate relationships to streets, sidewalks, other structures, and
buildings;
e. Illustrations of appropriate porch treatments or entrances; or
f. Illustrations of appropriate signage or street furniture.
4.08.020 Historic Overlay Districts Established
The Historic Overlay Districts are established as follows. Each Historic Overlay District includes all the
land within the boundary of the District shown on the Official Zoning Map.
A. Downtown Overlay District
The Downtown Overlay District was established by the City Council as part of adoption of
Ordinance No. 2001-48 on August 28, 2001 and expanded with the adoption of Ordinance No.
2014-86, adopted on October 28, 2014. The district is divided into two distinct zones, designated
as Area 1 and Area 2. The Downtown Overlay District is generally bounded by the river to the
north, the lots fronting the south side of University Avenue to the south, Martin Luther King, Jr.,
Street to the west, and Myrtle Street to the east. The Downtown Overlay District abuts, but does
not include, the Old Town Overlay District. The precise boundaries are depicted on the map
incorporated below.
[Insert updated map]
This map is available for viewing at the Planning Department office or as a downloadable map at
http://maps.georgetown.org.
B. Old Town Overlay District
The Old Town Overlay District was established by the City Council as part of adoption of
Ordinance No. 2004-22 on April 13, 2004. The Old Town Overlay District is generally bounded on
the north by 2nd Street; on the east by Holly Street, the railroad tracks, University Avenue, and
Hutto Road; on the south by 17th, 18th, and 19th Streets; and on the west by the properties on the
western side of Austin Avenue and the boundaries of the Downtown Overlay District. The Old
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 33 of 49
Town Overlay District abuts, but does not include the Downtown Overlay District. The precise
boundaries are depicted on the map incorporated below.
[Insert updated map]
This map is available for viewing at the Planning Department office or as a downloadable map at
http://maps.georgetown.org.
C. Designated Historic Districts
Designation of a Historic District shall be established and governed in accordance with this Code.
This subsection contains all designated Historic Districts under this Code. Designated Historic
Districts are as follows:
1. Town Square Historic District
The City Council designated the Town Square Historic District by the adoption of Ordinance
No. 2001-48, the confines of which are defined as follows: All lots in Blocks 37, 38, 39, 40, 41,
50, 51, and 52 of the City of Georgetown, Texas, according to the map or plat thereof of record
and which lots are all of those properties on the nine blocks surrounding and including the
property that may commonly be referred to as the Public Square or Court House Square of
the City of Georgetown, Williamson County, Texas. The precise boundaries are depicted on
the map incorporated below.
[Insert map]
This map is available for viewing at the Planning Department office or as a downloadable map at
http://maps.georgetown.org.
D. Historic Landmark Designation
Designation of a Historic Landmark shall be established and governed in accordance with this
Code. Buildings or structures to be protected, preserved, restored and enhanced as a historic
resource and in the interest of the culture, prosperity, education, and welfare of the City of
Georgetown may be designated as a Historic Landmark by ordinance of the City Council. Upon
designation of a building or structure as a Historic Landmark, the City Council shall cause this
designation to be recorded in the official public record of real property of Williamson County and
the City of Georgetown official’s zoning map. All zoning maps shall reflect historic landmarks by
inclusion of the words “Historic Landmark” (HL) as a prefix to its use designation in accordance
with this Code.
4.08.030 Certificate of Appropriateness Required
All new buildings and changes to existing buildings located in a Historic Overlay District or
designated as a Historic Landmark are subject to the Certificate of Appropriateness provisions of
Section 3.13 of this Code. Any activity requiring review of a Certificate of Appropriateness per Section
3.13 of this Code will be subject to the Design Guidelines adopted by the City of Georgetown.
4.08.040 Applicability of Historic Overlay District Standards
A. Each designated Historic Overlay District may have unique standards that are described in the
adopting ordinance for that District.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District , and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 34 of 49
B. The development and design standards contained within this Section are intended to supplement
any development and design standards of an underlying base zoning district. The standards of
the underlying base zoning district, as well as those of any other applicable overlay district, shall
remain in effect unless superseded by specific standards of the applicable Historic Overlay
District.
C. 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.
D. Any regulations for a specific Historic Overlay District shall apply to all properties or structures
wholly contained within that District and to those portions of any property or District located
within the District.
E. All uses permitted or conditionally permitted in the underlying zoning districts shall continue to
be permitted or conditionally permitted, respectively, unless otherwise specified in the specific
standard for the overlay district. HARC shall not have the authority to approve the specific use
of a site.
4.08.050 General Guidelines Applicable to All Historic Overlay Districts
A. The historic character of a building or structure should be retained and preserved. The removal
of historic materials or alteration of features and spaces that characterize a building or structure
should be avoided.
B. Each building or structure should be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural features or
architectural elements from other structures, should not be undertaken.
C. Most buildings or structures change over time; those changes that have acquired historic
significance in their own right should be retained and preserved.
D. Distinctive features, finishes, and construction techniques or examples of craftsmanship that
characterize a building or structure should be preserved.
F. Deteriorated historic features should be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature should match the old
in design, color, texture, and other visual qualities and, where possible, materials. Replacement of
missing features shall be substantiated by documentary, physical, or pictorial evidence.
E. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials
should not be used. The surface cleaning of structures, if appropriate, should be undertaken
using the gentlest means possible.
F. Significant archeological resources affected by a project should be protected and preserved. If
such resources must be disturbed, mitigation measures should be undertaken.
G. New additions, exterior alterations, or related new construction should not destroy historic
materials that characterize the building or structure. The new work should be differentiated from
the old and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the building or structure and its environment.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 35 of 49
H. New additions and adjacent or related new construction should be undertaken in such a manner
that if removed in the future, the essential form and integrity of the historic property and its
environment would be unimpaired.
4.08.060 Demolition by Neglect
A. An owner of a building or structure designated as a Historic Landmark or located in a Historic
Overlay District, or person with interest in the real property, shall not allow such structure to fall
into a serious state of disrepair so as to result in deterioration which would, in the judgment of
the Historic Preservation Officer and the Building Official, produce a detrimental effect upon the
life and character of the structure itself.
B. The Building Official and Historic Preservation Officer of the City of Georgetown shall determine
the “serious state of disrepair” in accordance with the most current form of the International
Property Maintenance Code. Examples of such deterioration include, but are not limited to, the
following:
1. Deterioration of walls or other vertical supports;
2. Deterioration of roofs or other horizontal members;
3. Deterioration of exterior chimneys;
4. Deterioration or crumbling of exterior stucco or mortar;
5. Ineffective waterproofing of exterior walls, roof or foundations, including broken windows or
doors;
6. Deterioration of exterior walls, doors, windows, or other means of interior access, so as to
create a danger of trespassing;
7. Deterioration of plumbing and electrical systems affecting the exterior of the structure; or
8. A hazardous condition resulting from the deterioration of any exterior feature, which might
indicate that demolition is necessary for the public safety.
C. A property owner, or person with interest in the real property, who is in violation of this Section
shall be subject to enforcement measures under Section 15.02.030 of this Code.
D. Should compliance with this Section require more than ordinary maintenance and repair, the
provisions of Section 3.13, Certificate of Appropriateness, shall be applicable.
4.08.070 Standards Specific to the Downtown Overlay District
This Section contains specific development and design standards applicable to properties located in the
Downtown Overlay District of the City of Georgetown.
A. Building Height
1. Building height in the Downtown Overlay District shall not exceed 40 feet, unless a
Certificate of Appropriateness is approved by HARC in accordance with the procedures set
forth in Section 3.13 of this Code.
2. Buildings located along the portion of Austin Avenue that lies within the boundaries of the
Downtown Overlay District shall be at least two usable stories in height with an overall
building height of not less than 20 feet, subject to compliance with the Courthouse View
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 36 of 49
Protection Overlay District of Section 4.10. However, HARC may approve a Certificate of
Appropriateness in accordance with the procedures set forth in Section 3.13 of this Code.
B. Setbacks
Building setbacks adjacent to public rights-of-way in the Downtown Overlay District shall
generally be assumed to be zero (o) feet or “built to” the right-of-way line. Such setbacks shall be
reviewed on a case-by-case basis in accordance with the adopted Design Guidelines.
C. Parking
There shall be no off-street parking requirement in Area 1 of the Downtown Overlay District,
except as required by Section 5.04.020.M.2 of this Code. In Area 2 of the Downtown Overlay
District, the parking standards of Table 9.02.030.A shall apply. Alternative parking plans, as
described in Section 9.02.060 of this Code, may be considered.
D. Signs
The sign standards shall be those contained within the Downtown and Old Town Design
Guidelines. In the event that no standards exist, the standards in this Code shall apply, and may
be modified in order to more accurately reflect the express language or the intent of the Design
Guidelines in regard to signs.
4.08.080 Standards Specific to the Old Town Overlay District
This Section contains specific development and design standards applicable to properties located in the
Old Town Overlay District of the City of Georgetown.
A. Parking
The parking standards of Table 9.02.030.A shall apply. Alternative parking plans, as described in
Section 9.02.060 of this Code, may be considered.
B. Signs
The sign standards contained within the Downtown and Old Town 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 Design
Guidelines with regard to signs.
C. Building Height
1. Buildings within the Old Town Overlay District shall not exceed 30 feet in height. However,
a Certificate of Appropriateness may be approved in accordance with Section 3.13 of this
Code to allow utilization of the height limitation of the underlying zoning district.
2. Maximum building height at the prescribed setback of the underlying base zoning district
shall not exceed 15 feet. For each additional 3 feet of setback from the property line, the
building may increase in height by 5 feet. However, a Certificate of Appropriateness may be
approved in accordance with Section 3.13 of this Code to allow building heights in excess of
this requirement.
D. Setbacks
Setbacks shall be that of the underlying base zoning district. However, for residential structures
in the Old Town Overlay District, a Certificate of Appropriateness may be approved in
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 37 of 49
accordance with Section 3.13 of this Code to allow a residential structure to encroach into a
required setback.
E. Floor-to-area Ratio
The floor-to-area-ratio (FAR) within the Old Town Overlay District shall not exceed 0.45, unless a
Certificate of Appropriateness is approved in accordance with Section 3.13 of this Code.
4.08.090 Standards Specific to Designated Historic Districts
A. Town Square Designated Historic District
The Town Square Historic District shall follow the standards set forth for the Downtown Overlay
District.
4.08.100 Standards Specific to Historic Landmark Designation
A. Design, alterations, additions and maintenance of a building or structure designated as a Historic
Landmark shall be in keeping with applicable guidelines of the Downtown and Old Town
Design Guidelines as adopted by the City Council.
B. Buildings, structures or sites designated as a Historic Landmark shall follow the standards set
forth of the applicable underlying and overlay zoning districts.
Section 4.1109 Mixed Use District
Section 4.1210 Courthouse View Protection Overlay District
Section 4.1311 Gateway Overlay District
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 38 of 49
Chapter 6 Residential & Agriculture Zoning Districts: Lot,
Dimensional & Design Standards
Section 6.05 Dimensional Interpretations and Exceptions
6.05.020 Setbacks
B. Setback Reductions and Exceptions
1. On lots with approved rear access, the minimum front setback may be reduced to 15 feet.
2. On lots with an approved private rear access easement, rear setbacks shall be measured from
the nearest boundary of the easement. For all other lots, rear setbacks shall be measured
from the rear property line.
3. A minimum side setback of 10 feet shall be provided along all side lot lines that parallel a
public street, except as follows:
a. The side setback shall be 25 feet when adjacent to a roadway classified in this Code as a
freeway or the frontage road of a freeway.
b. The side setback shall be 20 feet for a garage or carport taking access from a side street.
(See Section 6.06.010)
4. Where the front, side and rear setbacks reduce the buildable width of an existing corner lot
to less than 40 feet, the Director is authorized to reduce the required front setback on the
longer street side as much as necessary to increase the buildable width to 40 feet. In the
event that the street sides of the lot are of equal length, the reduction shall be made on the
side which lies on the shorter side of the block.
5. When an existing setback is reduced because of a conveyance to a federal, state or local
government for a public purpose and the remaining setback is at least 50% of the required
minimum setback for the District in which it is located, then that remaining setback will be
deemed to satisfy the minimum setback requirements of this Code.
6. Properties in the Old Town Overlay District may request a Certificate of Appropriateness for
setback exception in accordance with Section 3.13 of this Code.Where an existing block was
acknowledged by the City or created by a plat recorded prior to May 10, 1977, an applicant
may request a setback modification pursuant to Section 4.09.040.
Section 6.06 Accessory Structures and Amenity Areas
6.06.010 Accessory Structures, Garages and Carports
The requirements of this Section apply to the AG, Agriculture District and all Residential Districts,
except as specified.
A. Accessory structures and buildings shall meet the dimensional standards of the base zoning
district, except as specified in this Section. However, properties in the Old Town Overlay District
may request a Certificate of Appropriateness for setback exception in accordance with Section
3.13 of this Code.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 39 of 49
B. The accessory structure shall only be located on a lot with a principal structure, unless two
adjacent lots have common ownership, in which case the structures may be located on different
lots. In such instance, the accessory structure shall be located in the rear yard as determined by
the lot with the principal structure on it.
C. The square footage of an accessory structure shall not exceed 25% of the square footage of the
principal structure. For the purposes of this calculation, the square footage of a garage shall not
be considered part of the principal structure.
D. Accessory structures measuring 8 feet or less in height are allowed in the setbacks in the rear
yard up to 3 feet from the property line, but may not extend into any P.U.E. Properties in the Old
Town Overlay District must follow the procedures outlined in Section 4.09.040, Special Exception
for Setback Modification and the approval process pursuant to Section 3.15.
E. Garages and carports, whether attached or detached from the principal structure, shall be set
back a minimum of 20 feet from the public street from which the associated driveway takes
access or a minimum of 10 feet when taking access from a public alley.
F. No more than 30% of the rear yard may be covered with accessory buildings or structures. All
impervious cover requirements in Section 11.02 shall be met.
G. Accessory dwelling units located in accessory structures in the AG, RE, RL, and RS Districts are
allowed subject to the limitations provided for in Section 5.02.020.B or within a Housing
Diversity Development without limitations (as detailed in Section 6.07.020).
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 40 of 49
Chapter 8 Tree Preservation, Landscaping and Fencing
Section 8.02 Tree Preservation and Protection
8.02.050 Tree Preservation Incentives and Priorities
B. Tree Preservation Priorities
1. Heritage Trees
The City values its Heritage Trees and, therefore, Heritage Tree protection may be
considered for priority over conflicting UDC development requirements, including, but not
limited to, setbacks, lot design standards, building heights, sidewalks, lighting, signage,
parking design and numbers, drainage criteria, connectivity, driveway separation and utility
extension and location. If there is a conflict between Heritage Tree protection and other
provisions of this Code, the applicant may request an alternative standard or design,
provided that public health and safety shall be maintained with all proposed designs. After
consultation with the Urban Forester, an alternative standard or design that gives priority to
Heritage Tree protection may be approved by the Director for administrative applications or
the Planning and Zoning Commission and the Historic and Architectural Review
Commission for applications under their approval authority. Appeal of a Heritage Tree
Protection Priority decision by any of the approval authorities may be taken to the City
Council. This appeal is required within 30 days of the approval authority’s action.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 41 of 49
Chapter 9 Off-Street Parking and Loading
Section 9.02 Parking Requirements
9.02.030 Off-Street Parking Requirements
A. Off-Street Parking Requirements Table
The following Table lists minimum off-street parking requirements by land use category.
Table 9.02.030.A: Off-Street Parking Requirements*
Use Category Specific Use General Requirement
Residential Uses
Household Living
Multi-family - Senior 1 per dwelling unit + additional 5% of total spaces for
visitor use
Multi-family
1.5 per 1-bedroom unit
2 per 2-bedroom unit
2.5 per 3-bedroom unit
+ additional 5% of total spaces for visitor use
All other household dwellings 2 per dwelling unit
Group Living
Nursing Home/Hospice/ Assisted
Living 1 per bedroom
All other Group Living 1 per bedroom
Civic Uses
Educational and Day
Care Facilities
Family Home Day Care 2 per home
Group Day Care 6 per home
Commercial Day Care 1 per 400 sq ft GFA
Elementary or Middle Schools 1.5 per classroom + 1 per 2.5 seats capacity for
auditoriums and flexible space
All other Educational Facilities 10 per classroom + 1 per 2.5 seats capacity for
auditoriums and flexible space
Government and
Community
Facilities
Government/Post Office 1 per 250 sq ft GFA + 1 per fleet vehicle
All other Government/ Community
Facilities 1 per 250 sq ft GFA + 1 per fleet vehicle
Medical and
Institutional
Facilities
Hospitals 1 per 2 patient beds
All other Institutions 1 per 250 sq ft GFA
Parks and Open
Areas
Golf Courses and Country Clubs 3 per hole + 1.5 per 250 sq ft GFA of clubhouse and
other structures including pools and tennis courts
Neighborhood Amenity Center 1 per 300 sq ft GFA + 1 additional for every 300 sq ft
GFA over 1800 sq ft GFA including pools
All other Parks and Open Spaces Determined by Director
Places of Worship Religious Assembly 1 per 100 sq ft GFA of sanctuary, classrooms, flexible
seating areas
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 42 of 49
Use Category Specific Use General Requirement
Commercial Uses
Mixed-Use Retail
Center* (optional)
Commercial Centers less than
10,000 sq ft including all
Commercial Uses (except Self-
Storage, Agriculture or Landscape
Supply, Funeral, Repair and
Commercial Sales and Service)
1 per 150 sq ft GFA
Automotive Sales
and Services
Car Wash 1 per 200 sq ft GFA (does not include self-service
facility) + 2 spaces
All other Automotive Sales and
Services (except Fuel)
1 per 400 sq ft GFA (indoor only) + 1 additional per
1000 sq ft GFA of outdoor lot, storage or repair bay
area
Overnight
Accommodation
Bed and Breakfast/Inn 1 per guest room + 2 additional spaces
All other Overnight
Accommodations
1 per guest room + 1 per 250 sq ft GFA of
office/conference space
Food and Beverage
Establishments
All Restaurants/Bar/Brewery/
Winery
1 per 100 sq ft of designated seating area/
entertainment area + 4 additional spaces
Food Catering Services 1 per 400 sq ft GFA
Entertainment and
Recreation
Theaters and Stadiums 1 per 250 sq ft GFA + 1 additional per 500 sq ft GFA
up to 50,000 sq ft GFA
All other Entertainment and
Recreation
1 per 400 sq ft GFA + 1 additional per 4 capacity
seating
Health Services
Home Health Care 1 per 400 sq ft GFA
All other Health Services 1 per 200 sq ft GFA
Professional and
Business Offices
Professional Office 1 per 300 sq ft GFA
All other Offices and Services 1 per 400 sq ft GFA
Consumer Retail
Sales and Services
Funeral Home 1 per 150 sq ft GFA
Self Storage (all) 1 per 300 sq ft GFA office space
Small Engine Repair 1 per 400 sq ft GFA
Farmers Market, Agricultural and
Landscape Supply Sales
1 per 400 sq ft GFA +1 additional per 2,500 sq ft indoor
and outdoor storage or staging area
All other Consumer Retail
1 per 250 sq ft GFA for first 20,000 sq ft GFA, 1 per
500 sq ft GFA from 20,000 sq ft GFA up to 100,000 sq
ft GFA
Commercial Sales
and Service All Commercial Sales and Service
1 per 300 sq ft GFA of office/showroom area + 1
additional per 2,500 sq ft indoor and outdoor storage or
staging area
All Other Uses
Transportation,
Utilities and
Communication
All Transportation Terminal or
Dispatch Facilities
1 per 300 sq ft GFA of office; 1 per 400 sq ft GFA of
terminal area + additional spaces as determined by the
Director
Major Utilities 1 per 500 sq ft GFA - minimum of 2
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 43 of 49
Use Category Specific Use General Requirement
Industrial
Manufacturing and
Warehousing Uses
Batch Plant/Oil Refinery/
Resource Extraction/Waste
1 per 300 sq ft GFA of office/showroom area + 1
additional per 2,500 sq ft indoor and outdoor storage
area
All other Industrial Manufacturing
and Warehousing
1 per 500sq ft GFA of indoor facility + 1 additional per
2,500 sq ft indoor and outdoor storage area
Agriculture
Farm Stand 2 per stand
Kennel 1 per 300 sq ft GFA of office
Downtown Overlay District
Downtown Overlay
District
Retail buildings greater than
20,000 square feet in Area 1 1 per 1,500 sq ft GFA
All other uses in Area 1 No off-street parking requirement
Residential Uses in Area 2 See the Household Living parking
requirements of this table
Applies only to Development in
Area 2 of the Downtown Overlay
District. See Section 5.04.020.L
for larger buildings in Area 1 of the
Downtown Overlay DistrictNon-
Residential Uses in Area 2†
1 per 500 sq ft GFA for allowed Non-Residential uses
Allowed Residential Uses shall be consistent with the
requirements for Residential Uses (above)
*The required number of parking spaces for uses not listed in the above Table will be determined by the
Director. Alternative Parking Plans may be requested in accordance with Section 9.02.050.
†No parking required for outdoor seating areas where a primary indoor restaurant is present.
9.02.040 Rules for Computing Requirements
9.02.050 Alternative Parking Plans
9.02.060 Alternative Parking Plans in the Downtown a Historic Overlay District
A. General. Within any Historic Overlay District or the Downtown Overlay District, the Historic and
Architectural Review Commission Historic Preservation Officer, or designee, shall be authorized
to approve alternatives to providing the number of off-street parking spaces required in
accordance with this Section.
B. Procedure. Alternative Parking Plans shall be reviewed and approved by the Historic and
Architectural Review Commission Historic Preservation Officer, or designee following the
procedures of the Administrative Exception process established in Section 3.16 of this Code.
C. Recording of Approved Plans. Where an Alternative Parking Plan requires use of property other
than the subject property, an attested copy of an approved Alternative Parking Plan must be
recorded with the County Clerk on forms made available in the Planning and Development
Department. An Alternative Parking Plan may be amended by following the same procedure
required for the original approval. The applicant shall provide proof of recording prior to
approval of the Certificate of Occupancy.
D. On-Street Parking. The Historic and Architectural Review Commission Historic Preservation
Officer, or designee, may approve counting on-street parking spaces to satisfy the requirements
for off-street parking. Such on-street parking shall be located on public right-of-way immediately
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 44 of 49
abutting the subject property and shall be reviewed by the Development Engineer for compliance
with City’s standards for use of rights-of-way.
E. Off-Site Parking. The Historic and Architectural Review Commission Historic Preservation
Officer, or designee, may approve the location of required off-street parking spaces on a separate
lot from the lot on which the principal use is located if the off-site parking complies with all of the
following standards.
1. Ineligible Activities. Off-site parking may not be used to satisfy the off-street parking
standards for residential uses (except for guest parking), restaurants (except in the
Downtown Overlay District), convenience stores, or other convenience-oriented uses.
Required parking spaces reserved for persons with disabilities may not be located off-site.
2. Location. No off-site parking space may be located more than 900 feet from the primary
entrance of the use served (measured along the shortest legal pedestrian route) unless
remote parking shuttle service is provided. Off-site parking spaces may not be separated
from the use served by a street right-of-way with a width of more than 80 feet, unless a
grade-separated pedestrian walkway is provided or other traffic control or remote parking
shuttle service is provided.
3. Zoning Classification. Off-site parking areas require the same or a more intensive zoning
classification than required for the use served.
4. Agreement for Off-Site Parking. In the event that an off-site parking area is not under the
same ownership as the principal use served, a written agreement between the record owners
will be required. The agreement must be for a specified time, and guarantee the use of the
off-site parking area for a minimum of five years. An attested copy of the agreement between
the owners of record must be submitted to the Historic and Architectural Review
Commission Historic Preservation Officer, or designee, for recording in form established by
the City Attorney. Recording of the agreement must take place before issuance of a Building
Permit or Certificate of Occupancy for any use to be served by the off-site parking area. An
off-site parking agreement may be terminated only if all required off-street parking spaces
will be provided. No use shall be continued if the parking is removed unless substitute
parking facilities are provided, and the Historic and Architectural Review Commission
Historic Preservation Officer, or designee, shall be notified at least 60 days prior to the
termination of a lease for off- site parking.
F. Shared Parking. The Historic and Architectural Review Commission Historic Preservation
Officer, or designee, may approve shared parking facilities for developments or uses with
different operating hours or different peak business periods if the shared parking complies with
all of the following standards.
1. Location. Shared parking spaces must be located within 600 feet of the primary entrance of
all uses served, unless remote parking shuttle bus service is provided.
2. Zoning Classification. Shared parking areas require the same or a more intensive zoning
classification than required for the use served.
3. Shared Parking Study. Those wishing to use shared parking as a means of satisfying off-
street parking requirements must submit a shared parking analysis to the City that clearly
demonstrates the feasibility of shared parking. The study must be provided in a form
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 45 of 49
established by the City and made available to the public. It must address, at a minimum, the
size and type of the proposed development, the composition of tenants, the anticipated rate
of parking turnover, and the anticipated peak parking and traffic loads for all uses that will
be sharing off-street parking spaces.
4. Agreement for Shared Parking. A shared parking plan will be enforced through written
agreement among all owners of record. An attested copy of the agreement between the
owners of record must be submitted to the City for recording in a form established by the
City Attorney. Recording of the agreement must take place before issuance of a Building
Permit for any use to be served by the off-site parking area. A shared parking agreement
may be terminated only if all required off-street parking spaces will be provided.
G. Fee-In Lieu of Parking. The Historic and Architectural Review Commission Historic Preservation
Officer, or designee, may approve the acceptance of a fee-in-lieu of required parking in extreme
cases where none of the alternatives above, alone or in combination, provide for the requisite
number of spaces. Such fee shall be based on the cost of land acquisition, construction (including
landscaping and lighting), and the estimated cost of maintenance for a period of ten years. Such
fee shall be placed in a dedicated fund to provide parking solutions in the affected portion of the
Downtown area or other affected project area where the project is not within the Downtown.
H. Other Eligible Alternatives. The Historic and Architectural Review Commission Historic
Preservation Officer, or designee, may approve any other alternative to providing off-street
parking spaces on the site of the subject development if the applicant demonstrates to the
satisfaction of the City that the proposed plan will function equally well in protecting
surrounding neighborhoods, maintaining traffic circulation patterns, and promoting quality
urban design than would strict compliance with otherwise applicable off-street parking
standards. Such alternatives may include, but are not limited to, the use of tandem parking
spaces.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 46 of 49
Chapter 15 Enforcement
Section 15.02 Compliance Required
15.02.030 Demolition by Neglect
A. Upon identification of any property in possible violation of Section 4.08.060 of this Code,
the Building Official shall notify the property owner or person with interest in the real
property, of the possible violation. Such notification shall be in writing and be mailed by
certified mail, return receipt requested. The notification shall state the nature of the
possible violation with sufficient specificity to enable the owner or person with an
interest in the real property to bring the property into compliance with this section. The
notification shall also state that the owner or person with an interest in the real property
shall have 90 days to bring the property into compliance with this Code.
B. The Building Official and Historic Preservation Officer will work with the property
owner to develop a rehabilitation plan. Upon completion of the 90-day grace period, the
Building Official and Historic Preservation Officer will reinspect the property to
determine compliance with this Code. Should the property owner or person with an
interest in the real property fail to bring the property into compliance with the 90-day
grace period, the City shall seek enforcement of this Code under Section 15.03 of this
Code and any applicable provisions of the Georgetown Municipal Code.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District , and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 47 of 49
Chapter 16 Definitions
Section 16.02 Definitions
Alteration. Any exterior change or modification in the architectural appearance and design, other than
cosmetic or decorative, or in supporting members of a building, such as bearing walls or partitions,
columns, beams or girders; or a complete rebuilding of the roof or the exterior walls. Alteration also
includes the removal, stripping or concealing of any significant exterior architectural feature that is
integral to the historic character of a building or structure that is designated as a local Historic Landmark
or contributing to the Historic District. Alteration does not include modifications that qualify as
“Ordinance Maintenance and Repair” as this term is defined in this Code.
Building Wall Surface Area. The total vertical wall area, including windows, of a building when seen
in an elevation view of the building. Roofs, including mansard roofs, having a slope of greater than 65
degrees shall be considered part of a wall surface for the purposes of this ordinance. (See for comparison
“Roof”.)
Certificate of Design Compliance Appropriateness (CDCCoA). A certificate documenting
approval by the Historic and Architectural Review Commission (HARC) or the Historic Preservation
Officer (HPO) to construct, reconstruct, alter, restore, remove, relocate, or demolish any exterior building
or structure that is designated as a Historic Landmark or located in a Historic Overlay District, including
specific site features including but not limited to architectural elements, such as signage, and
fenceslandscaping within the Old Town and Downtown Overlay Districts or any other established
Historic District.
Demolition. The complete intentional destruction, razing, dismantling or removal in whole or in part of
a building or structure; or the intentional destruction or removal of more than 30 percent of the
perimeter walls; or removal of any portion of a street-facing façadeany dismantling, intentional
destruction or removal of sites, surfaces, utilities or other improvements.
Demolition by Neglect. Demolition of a building that is in a serious state of disrepair and
deterioration due to lack of proper maintenance, and for which certain measures must be taken in order
to preserve the public health, safety and welfare.
Downtown and Old Town Design Guidelines. A Council-adopted ordinance that provides
guidance and approval criteria for the Historic and Architectural Review Commission, along with the
Historic Preservation Officer, when reviewing design compliance and proper preservation practices for
proposed projects in the Downtown and Old Town Historic Overlay districts.
Historic Architectural Features. Architectural features that are unique to the design, style and period
of the historic structure.
Historic District or Site, designated. Any site, District, or area, building, or structure of historical,
archeological, or cultural importance or value which the City Council determines by action shall be
protected, preserved, or enhanced in the interest of the culture, prosperity, education, and welfare of the
people.
Historic Landmark. A building, structure or site of historical, architectural, or cultural importance or
value to the City of Georgetown that has been designated as a “landmark” by ordinance of the City
Council and that is to be protected, preserved, restored, and enhanced in the interest of the culture,
prosperity, education, and welfare of the people.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 48 of 49
Historic Preservation Officer (HPO). A person designated to review development applications in
the Downtown and Old Town a Historic Overlay Districts. The HPO presents findings and
recommendations to the Historic and Architectural Review Commission and any other duties granted
them by this Code.
Historic Structure. A building or structure that is a) 50 years or more, and b) associated with
significant people or events, or c) conveys a character of building and design found during the City’s
period of significance. Historic structure also includes a building that has been designated as a local
Historic Landmark, or that is contributing to the historic overlay district.
Historic Structure, contributing. A building in a designated historic overlay district that supports the
district’s historical significance through location, design, setting, materials, workmanship, feeling and
association. Buildings identified as low, medium and high priority structures in the Historic Resources
Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended, shall be considered
contributing Historic Structures for purposes of this Code. For the purpose of demolition only, buildings
or structures listed in this survey and that are located outside of a historic overlay district shall be
considered contributing historic structures.
Historic Structure, non-contributin.g. A building in a designated historic overlay district that does
not support the district’s historic significance through location, design, setting, materials, workmanship,
feeling and association. Buildings that are not identified in the Historic Resources Survey of Georgetown,
Texas by Hardy, Heck & Moore, 1984 as amended, shall be considered non-contributing Historic
Structures for purposes of this Code.
Reconstruction. Rehabilitation or replacement of a building or structure which either have has been
damaged, altered, or removed, or are is proposed to be altered or removed.
Secretary of the Interior’s Standards for the Treatment of Historic Properties. The standards
established by the Secretary of the Interior for providing guidance on the preservation, rehabilitation,
restoration and reconstruction of historic properties.
Street Facing Façade. The building façade or wall that is parallel to a street lot line.
Structure, High Priority (Historic). 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.
Substantial Alteration. Any exterior change or modification in the architectural appearance and
design or supporting members of a building, such as bearing walls or partitions, columns, beams or
girders; or a complete rebuilding of the roof or the exterior walls, unless such modification qualifies as
“Ordinary Maintenance and Repair” as that term is defined in this Code.
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Chapter 1 General Provisions
Section 1.14 Downtown and Old Town Design Guidelines
The Design Guidelines for the Downtown and Old Town Overlay Districts, adopted as Ordinance No.
2001-48, as amended from time to time, is hereby adopted by reference as if set forth in full. The Design
Guidelines establish criteria to guide improvements to properties and work within the Downtown
Overlay District, and Old Town Overlay District, and Historic Overlay District.
EXHIBIT A - Proposed Changes to the UDC
Page 49 of 49
Proposed UDC Amendments for Historic properties
Requirements for a Certificate of Design Compliance/Certificate of Appropriateness
Town Square historic &
Downtown Overlay Districts Old Town Overlay District Historic Significance Town Square historic &
Downtown Overlay Districts Old Town Overlay District
NR NR
(provided the structure does
not exceed the height, setback
or FAR limitations of the
Overlay)
(provided the structure does
not exceed the height, setback
or FAR limitations of the
Overlay)
HARC HARC
(only for non‐residential uses,
or if the property is in the TH,
MF or other non‐residential
base zoning district)
(also applicable if the property
is in the TH, MF or other non‐
residential base zoning
district)
HARC Historic Landmark HARC HARC
HARC
(Street Facing Façade only)
HARC
(Street Facing Façade only)
NR
(Non Street Facing Façade)
NR
(Non Street Facing Façade)
HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
NR
(Non Street Facing Façade)
NR
(Non Street Facing Façade)
Historic Landmark HARC HARC
HARC
(Street Facing Façade only)
HARC
(Street Facing Façade only)
HPO
(Non Street Facing Façade)
HPO
(Non Street Facing Façade)
HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
NR
(Non Street Facing Façade)
NR
(Non Street Facing Façade)
Historic Landmark HARC HARC
Contributing Historic Structure HARC HARC
Non‐Contributing Historic Structure HARC HARC
Historic Landmark HARC HARC
Contributing Historic Structure NR NR
Non‐Contributing Historic Structure NR NR
Historic Landmark HARC HARC
Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Non‐Contributing Historic Structure NR NR
Historic Landmark HARC HARC
Contributing Historic Structure HARC
(Street Facing Façade only)
HARC
(Street Facing Façade only)
Non‐Contributing Historic Structure NR NR
1
2
3
4
6
7
8
5
All Historic Overlay Districts
All Historic Overlay Districts
Contributing Historic Structure
Non‐Contributing Historic Structure
HARC
HARC
HARC
(only applicable if made to a
street facing façade)
HARC NR
Contributing Historic Structure
Non‐Contributing Historic Structure
if the single or two‐dwelling
unit structure exceeds the
height, setback or FAR
limitations of the Overlay)
Additions (single and two‐dwelling unit
uses/structures)HARC
HARC HARCAdditions (all other uses/structures)
New addition that do not comply with the
zoning standards of the historic overlay
district (all uses)
HARC HARC
EXISTING CDC REQUIREMENTS PROPOSED CoA REQUIREMENTS
HARC
HARC
(only required if addition is
made to a street facing
façade; or
New Construction ‐ Infill (all other
uses/structures)HARC
PROJECT (SCOPE OF WORK)
New Construction – Infill (single and two‐
dwelling unit uses/structures)HARC
Awnings and Canopies (all other
uses/structures)HARC
Awnings and Canopies (single and two‐
dwelling unit uses/structures)
Porch, Patio, Deck (single and two‐family
dwelling unit uses/structures)
Printed on 1/29/2015 HARC = Historic and Architectural Review Commission * HPO = Historic Preservation Officer * NR = Not Required * N/A = Not Applicable Page 1 of 6
EXHIBIT B - Comparison of Approval Authority
Proposed UDC Amendments for Historic properties
Requirements for a Certificate of Design Compliance/Certificate of Appropriateness
Town Square historic &
Downtown Overlay Districts Old Town Overlay District Historic Significance Town Square historic &
Downtown Overlay Districts Old Town Overlay District
EXISTING CDC REQUIREMENTS PROPOSED CoA REQUIREMENTS
PROJECT (SCOPE OF WORK)
Historic Landmark HARC HARC
HARC HARC Contributing Historic Structure HARC
(Street Facing Façade only)
HARC
(Street Facing Façade only)
Non‐Contributing Historic Structure NR NR
Historic Landmark HPO HPO
Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Non‐Contributing Historic Structure NR NR
Historic Landmark HARC HARC
Contributing Historic Structure HARC
(Street Facing Façade only)
HARC
(Street Facing Façade only)
Non‐Contributing Historic Structure NR NR
Historic Landmark HARC HARC
Contributing Historic Structure HPO HPO
Non‐Contributing Historic Structure NR NR
Historic Landmark HPO HPO
Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Non‐Contributing Historic Structure NR NR
Historic Landmark HARC HARC
Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Non‐Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Historic Landmark HPO HPO
Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Non‐Contributing Historic Structure NR NR
Historic Landmark HPO HPO
Contributing Historic Structure NR NR
Non‐Contributing Historic Structure NR NR
Historic Landmark HPO HPO
Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Non‐Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
11
12
13
14
9
10
15
16
17
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
HARC
Restoring original door or window
openings
Modifications to exterior steps, stairways
and ramps
Paint removal from historic and significant
architectural features
Changes to paint color on previously
painted surfaces (single and two‐family
residential structures)
Changes to paint color on previously
painted surfaces (all other uses)
Modifications to exterior steps, stairways
and ramps using in‐kind material
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
Replacing roof materials with different roof
materials
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
Replacing a historic architectural feature
with a non‐historic architectural feature
Porch, Patio, Deck (all other uses)
Printed on 1/29/2015 HARC = Historic and Architectural Review Commission * HPO = Historic Preservation Officer * NR = Not Required * N/A = Not Applicable Page 2 of 6
EXHIBIT B - Comparison of Approval Authority
Proposed UDC Amendments for Historic properties
Requirements for a Certificate of Design Compliance/Certificate of Appropriateness
Town Square historic &
Downtown Overlay Districts Old Town Overlay District Historic Significance Town Square historic &
Downtown Overlay Districts Old Town Overlay District
EXISTING CDC REQUIREMENTS PROPOSED CoA REQUIREMENTS
PROJECT (SCOPE OF WORK)
Historic Landmark HPO HPO
Contributing Historic Structure NR NR
Non‐Contributing Historic Structure NR NR
Historic Landmark HPO HPO
Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Non‐Contributing Historic Structure NR NR
Historic Landmark HPO HPO
Contributing Historic Structure NR NR
Non‐Contributing Historic Structure NR NR
Historic Landmark HPO HPO
Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Non‐Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Historic Landmark HPO HPO
Contributing Historic Structure NR NR
Non‐Contributing Historic Structure NR NR
Historic Landmark HPO HPO
Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Non‐Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Historic Landmark HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Non‐Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Historic Landmark HARC HARC
Contributing Historic Structure HARC
(Street Facing Façade only)
HARC
(Street Facing Façade only)
Non‐Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Historic Landmark NR NR
Contributing Historic Structure NR NR
Non‐Contributing Historic Structure NR NR
18
New paint on unpainted historic and other
significant architectural features (single
and two‐family residential structures)
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
23 Exterior lighting that is attached to the
building or structure (all other uses)HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
24
25
26
19
20
21
22
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
Changes in color to awning fabric (all other
uses)
Exterior lighting that is attached to the
building or structure (single and two‐family
residential structures)
Rooftop HVAC, mechanical or
communication equipment that result in no
modifications to the building façade
New paint on unpainted historic and other
significant architectural features (all other
uses)
Changes in color to awning fabric (single
and two‐family residential structures)HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
Rooftop HVAC, mechanical or
communication equipment that result in
modifications to the building façade
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
Site Alterations (single and two‐dwelling
unit uses/structures)§HARC NR
Printed on 1/29/2015 HARC = Historic and Architectural Review Commission * HPO = Historic Preservation Officer * NR = Not Required * N/A = Not Applicable Page 3 of 6
EXHIBIT B - Comparison of Approval Authority
Proposed UDC Amendments for Historic properties
Requirements for a Certificate of Design Compliance/Certificate of Appropriateness
Town Square historic &
Downtown Overlay Districts Old Town Overlay District Historic Significance Town Square historic &
Downtown Overlay Districts Old Town Overlay District
EXISTING CDC REQUIREMENTS PROPOSED CoA REQUIREMENTS
PROJECT (SCOPE OF WORK)
Historic Landmark NR NR
Contributing Historic Structure NR NR
Non‐Contributing Historic Structure NR NR
Historic Landmark NR NR
Contributing Historic Structure NR NR
Non‐Contributing Historic Structure NR NR
Historic Landmark HARC HARC
Contributing Historic Structure NR NR
Non‐Contributing Historic Structure NR NR
Historic Landmark HARC HARC
Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Non‐Contributing Historic Structure NR NR
Historic Landmark HPO HPO
Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Non‐Contributing Historic Structure NR NR
Historic Landmark HPO HPO
Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Non‐Contributing Historic Structure NR NR
Historic Landmark HARC HARC
Contributing Historic Structure HARC
(Street Facing Façade only)
HARC
(Street Facing Façade only)
Non‐Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade only)
Historic Landmark HPO HPO
Contributing Historic Structure HPO HPO
Non‐Contributing Historic Structure NR NR
Historic Landmark HARC HARC
Contributing Historic Structure HARC
(Street Facing Façade only)
HARC
(Street Facing Façade Only)
Non‐Contributing Historic Structure NR NR
Historic Landmark HPO HPO
Contributing Historic Structure HPO
(Street Facing Façade only)
HPO
(Street Facing Façade Only)
Non‐Contributing Historic Structure NR NR
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
HARC
Removal, stripping, concealing, or
destruction of any historic and
architectural features that is integral to the
historic character of the building or
structure, or historic overlay district
HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
HARC
29 Removal of awnings or canopies (single
and two‐family residential structures)HARC
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
27
28
35
34
36
32
30
31
33
Removal of exterior siding to
unencapsulate historic siding materials
Demolition of non‐historic additions made
of non‐historic materials†HARC HARC
Demolition of an attached carport, porch,
patio or deck†HARC
Demolition of an attached carport, porch,
patio or deck made of non‐historic
materials†
HARC HARC
HARC
HARC HARCSite Alterations (all other uses/structures)§
Landscaping (not applicable to single‐
family and two‐family residential uses)HPO HPO
Removal of awnings or canopies (all other
uses)
Removal of exterior non‐historic
architectural features
HARC
(does not apply to single and
two‐dwelling unit
uses/structures)
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EXHIBIT B - Comparison of Approval Authority
Proposed UDC Amendments for Historic properties
Requirements for a Certificate of Design Compliance/Certificate of Appropriateness
Town Square historic &
Downtown Overlay Districts Old Town Overlay District Historic Significance Town Square historic &
Downtown Overlay Districts Old Town Overlay District
EXISTING CDC REQUIREMENTS PROPOSED CoA REQUIREMENTS
PROJECT (SCOPE OF WORK)
Historic Landmark HPO HPO
Contributing Historic Structure HPO HPO
Non‐Contributing Historic Structure NR NR
Historic Landmark HARC HARC
Contributing Historic Structure HARC HARC
Non‐Contributing Historic Structure NR NR
Historic Landmark HARC HARC
Contributing Historic Structure HARC HARC
Non‐Contributing Historic Structure NR NR
Historic Landmark HARC HARC
Contributing Historic Structure HPO HPO
Non‐Contributing Historic Structure NR NR
Historic Landmark N/A N/A
Contributing Historic Structure N/A N/A
Non‐Contributing Historic Structure NR NR
Historic Landmark HPO HPO
Contributing Historic Structure HPO HPO
Non‐Contributing Historic Structure HPO HPO
Historic Landmark HARC HARC
Contributing Historic Structure HARC HARC
Non‐Contributing Historic Structure HARC HARC
Historic Landmark HARC HARC
Contributing Historic Structure HARC HARC
Non‐Contributing Historic Structure NR NR
HARC
(Master Sign Plan only)
HARC
(Master Sign Plan only)
HPO
(Individual Signage)
HPO
(Individual Signage)
HPO
(Consistent with zoning
district standards and
guidelines)
HPO
(Consistent with zoning
district standards and
guidelines)
HARC
(Inconsistent with zoning
district standards and
guidelines)
HARC
(Inconsistent with zoning
district standards and
guidelines)
HPO
(Consistent with zoning
district standards and
guidelines)
HPO
(Consistent with zoning
district standards and
guidelines)
HARC
(Inconsistent with zoning
district standards and
guidelines)
HARC
(Inconsistent with zoning
district standards and
guidelines)
41
42
43
44
45
46
47
37
38
39
40
HARC
HARC HARC
Reopen enclosed porch, patio or deck†
Demolition of 30% or more of a structure†
Demolition of less than 30% of a structure†
HARC
HARC
HARC
Demolition or removal of a building façade
with street frontage†HARC HARC
Relocation of a building or structure on the
same lot†HARC HARC
HARC
All Historic Overlay Districts
(Only applicable along a street lot line
or within a street yard)
Demolition of non‐historic accessory
structure HPO HPO
Fence (residential)HPO HPO
All Historic Overlay Districts
(Only applicable along a street lot line
or within a street yard)
Relocation of a building or structure to a
historic overlay district (includes building or
structures within the same historic overlay
district)†
HARC HARC
Relocation of a building or structure
outside of the historic overlay district†HARC HARC
Signage HARC HARC All Historic Overlay Districts
Fence (related to a non‐residential outside
eating or sitting area or front yard fence)HARC
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EXHIBIT B - Comparison of Approval Authority
Proposed UDC Amendments for Historic properties
Requirements for a Certificate of Design Compliance/Certificate of Appropriateness
Town Square historic &
Downtown Overlay Districts Old Town Overlay District Historic Significance Town Square historic &
Downtown Overlay Districts Old Town Overlay District
EXISTING CDC REQUIREMENTS PROPOSED CoA REQUIREMENTS
PROJECT (SCOPE OF WORK)
Historic Landmark NR NR
Contributing Historic Structure NR NR
Non‐Contributing Historic Structure NR NR
48 Ordinary Maintenance and Repair††NR NR
§Site Alterations include the following: creating a driveway or parking area; adding mechanical equipment; and adding outdoor heaters or electronic items
†Demolition or Relocation of a Historic Structure listed in the Historic Resources Survey requires the approval of a CDC regardless if the property is located in the Downtown or Old Town Overlay Districts.
‡Exterior Building Alterations include the following: alteration or restoration of any exterior features of a historic resource; applying a new exterior siding material; adding a new window, door or dormer; a
change to the dimensions or configuration of the roof height or building footprint; a change in the primary structural frame or secondary members of a building, such as columns, beams and girders; adding
mechanical equipment; building or enclosing a porch, carport, deck, or garage; and adding outdoor heaters or electronic items.
††Ordinary Maintenance and Repair is any work, the sole purpose of which is to prevent or correct deterioration,decay or damage, including repair of damage caused by fire or other disaster and which does not
result in a change in the existing appearance and materials of a property.
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EXHIBIT B - Comparison of Approval Authority
Printed on 1/29/2015 Page 1 of 7
Comments Received Proposed Code Section Action
1 Clarify definition of the Downtown and Old
Town Design Guidelines
Ch. 1; Sec. 1.14 Included
2 HARC should also render advice and guidance
on properties designated as a Historic
Landmark
Ch. 2; Sec. 2.03.010.C.2 Included
3 Public Notification should be required for
Administrative Certificate of Appropriateness
(CoA)
Ch. 3; Sec. 3.03 Not included - It is recommended that all
administrative applications be reviewed in a
consistent manner.
4 Criterion no. 6 of the approval criteria for
designating a Historic Overlay District should
not be included
Ch. 3; Sec. 3.06.060.A Included - Criterion has been removed.
5 Clarify required findings for designating a
Historic Overlay District
Ch. 3; Sec. 3.06.060.B Included
6 National Register criteria should be used for
designating Historic Landmarks
Ch. 3; Sec. 3.06.070 Included - Criteria for the designation of local
Historic Landmarks includes criteria from the
National Register Criteria for Evaluation.
7 The amount of review that would apply to non-
historic structures should not be all-inclusive
Ch 3; Tbl. 3.13.010 Included - Applicability of review process has
been clarified for historic and non-historic
structures.
8 Non-street facing façade additions to a
contributing historic structure should be
reviewed by the HARC
Ch. 3; Tbl. 3.13.010 Not included - Currently, the UDC does not
require review for new additions that are not
visible from a street. However, due to the
importance of contributing historic structures,
it is recommended that these additions be
reviewed at the staff level to ensure the
addition is in keeping with applicable
guidelines and standards.
9 New additions to non-contributing historic
structures that are inconsistent with the
historic overlay district standards should be
reviewed by the HARC
Ch. 3; Tbl. 3.13.010 Included - New additions that do not comply
with the zoning standards of the Historic
Overlay District require review and approval by
the HARC.
10 Porches, patios or decks of a contributing
historic structure should be reviewed by the
HARC
Ch. 3; Tbl. 3.13.010 Included - Applicable only to street facing
façades.
11 Awnings and canopies for Historic Landmarks
should be reviewed by the HARC
Ch. 3; Tbl. 3.13.010 Included
Proposed revisions to UDC requirements related to HARC and Historic Structures and Districts
Public Comments and Feedback
EXHIBIT C - Public Comments
Printed on 1/29/2015 Page 2 of 7
Comments Received Proposed Code Section Action
Proposed revisions to UDC requirements related to HARC and Historic Structures and Districts
Public Comments and Feedback
12 CoA requirement for awnings/canopies, paint,
and attached exterior lighting to a residential
structure in the Old Town Overlay District
should not be required
Ch. 3; Tbl. 3.13.010 and Sec.
3.13.010.B
Part Included - New awnings or canopies,
paint, and lighting attached to a single-family
or two-family residential structure in the Old
Town or Downtown overlay districts will not
require review of a CoA, with the exception of
those structured designated as a Historic
Landmark.
13 Exclude CoA requirement to replacements,
alterations and modifications to residential
structures in the Old Town Overlay District
Ch. 3; Tbl. 3.13.010 Not Included - Due to the importance of
contributing historic structures, it is
recommended that certain modifications or
alterations to the street facing façade of a
contributing historic structure or Historic
Landmark be subject to review. This does not
include alterations made to non-contributing
historic structures or non-street facing facades.
Ordinance maintenance and repair does not
require a CoA.
14 Replacing historic architectural features with a
non-historic architectural feature should be
reviewed by the HARC
Ch. 3; Tbl. 3.13.010 Included
15 Replacing roof materials with different roof
materials should be reviewed by the HARC for
Historic Landmarks and contributing historic
structures
Ch. 3; Tbl. 3.13.010 Part Included - HARC review for Historic
Landmarks; HPO review for contributing
historic structures.
16 Modifications to exterior steps and stairways of
a contributing historic structure should be
reviewed by the HARC
Ch. 3; Tbl. 3.13.010 Not Included - This type of modification is
considered to be a minor project that may be
reviewed administratively.
17 Paint removal from a historic and significant
architectural feature should be reviewed by
the HARC
Ch. 3; Tbl. 3.13.010 Not Included - This type of modification is
considered to be a minor project that may be
reviewed administratively.
18 New paint on unpainted historic and other
significant architectural features should be
reviewed by the HARC
Ch. 3; Tbl. 3.13.010 Not Included - This type of modification is
considered to be a minor project that may be
reviewed administratively.
19 Changes in color to awning fabric that are
inconsistent with the district and landmark
characteristics should be reviewed by the HARC
for Historic Landmarks
Ch. 3; Tbl. 3.13.010 Not Included - This type of modification is
considered to be a minor project that may be
reviewed administratively.
20 Exterior lighting that is attached to a building
designated as a Historic Landmark should be
reviewed by the HARC
Ch. 3; Tbl. 3.13.010 Not Included - This type of modification is
considered to be a minor project that may be
reviewed administratively.
EXHIBIT C - Public Comments
Printed on 1/29/2015 Page 3 of 7
Comments Received Proposed Code Section Action
Proposed revisions to UDC requirements related to HARC and Historic Structures and Districts
Public Comments and Feedback
21 Removing residential awnings and canopies of
a Historic Landmark should be reviewed by the
HARC
Ch. 3; Tbl. 3.13.010 Included - Requirement was clarified to include
both residential and non-residential awnings
22 Removing inappropriate (non-historic) exterior
architectural features should be reviewed by
the HARC
Ch. 3; Tbl. 3.13.010 Not Included - This type of modification is
considered to be a minor project that may be
reviewed administratively.
23 Demolition of non-historic additions, and
attached carports, porches, patios or decks
that are made of non-historic materials to a
Historic Landmark or contributing historic
structure should be reviewed by the HARC
Ch. 3; Tbl. 3.13.010 Not Included - This type of modification is
considered to be a minor project that may be
reviewed administratively.
24 Reopen enclosed porches, patios or decks
should be reviewed by the HARC
Ch. 3; Tbl. 3.13.010 Not Included - This type of modification is
considered to be a minor project that may be
reviewed administratively.
25 Demolition of less than 30% of the square
footage of a contributing historic structure
should be reviewed by the HARC
Ch. 3; Tbl. 3.13.010 Not Included - This type of modification is
considered to be a minor project that may be
reviewed administratively.
26 Relocation of a building or structure on the
same lot or Historic Overlay District should be
reviewed by the HARC
Ch. 3; Tbl. 3.13.010 Part Included - HARC review for relocation
within the same district; HPO review for
relocation within the same lot.
27 Relocation of building to ETJ and County
should be allowed in lieu of demolition
Ch. 3; Tbl. 3.13.010 Included - Table was revised to clarify
relocation outside of a historic overlay district
(to inside and outside City's jurisdiction).
28 Signage in all Historic Overlay Districts (and
National Register Districts) should be reviewed
by the HARC
Ch. 3; Tbl. 3.13.010 Not Included - This type of modification is
considered to be a minor project that may be
reviewed administratively.
29 New fences, railings or walls consistent with
the overlay district's characteristics and
guidelines should be reviewed by the HARC
Ch. 3; Tbl. 3.13.010 Not Included - This type of improvement is
considered to be a minor project that may be
reviewed administratively.
30 Removal of a chainlink, plywood or vinyl fence
to be replaced with wood, wrought iron or
masonry fence should be reviewed by the HARC
Ch. 3; Tbl. 3.13.010 Not Included - This type of modification is
considered to be a minor project that may be
reviewed administratively.
31 New residential constructions (infill) and
additions in the Old Town Overlay District
should not be exempt from the CoA review
process
Ch. 3; Sec. 3.13.010.B Not Included - Residential infill construction in
the Old Town Overlay District will be reviewed
in the future through a separate process.
EXHIBIT C - Public Comments
Printed on 1/29/2015 Page 4 of 7
Comments Received Proposed Code Section Action
Proposed revisions to UDC requirements related to HARC and Historic Structures and Districts
Public Comments and Feedback
32 Demolition of a Historic Landmark that is
considered a dangerous structure or where
demolition is necessary due to safety concerns
should not be exempt from CoA process
Ch. 3; Sec. 3.13.010.B.4 Not Included - Additional language was
included to require the coordination with the
HPO and property owner to identify
salvageable materials and the proper
documentation of the structure prior to
demolition.
33 Timeline should be assigned for Final Action of
an Administrative CoA
Ch. 3; Sec. 3.13.020.A.4.a Part Included - Timeline for administrative
review processes are established in the UDC
Development Manual. The Manual will be
revised to reflect that decision on an
Administrative CoA will take approximately 10
working days of deeming the application
complete.
34 Criteria for Approval for a CoA (HPO and HARC
Approval) should include compliance with the
Secretary of the Interior's Standards
Ch. 3; Sec. 3.13.020.B and
Sec. 3.13.030.B
Included - Proposed design must be in keeping
with the Secretary of the Interior's Standards
for the Treatment of Historic Properties.
35 Criteria for Approval should include
consistency with the Historic Overlay District
Ch.3; Sec. 3.13.020.B.4 Included
36 Allow HARC to request clarification or
additional information upon review of the
application in advance of the meeting
Ch. 3; Sec. 3.13.030.A.2.b Not Included - Not part of the Application
Completeness review process as this is an
administrative review that consists solely in
determining that the minimum required
materials were submitted with the application.
37 A recommendation by the HPO to HARC should
be required
Ch. 3; Sec. 3.13.030.A.3.c Included - HPO's report will include a
recommendation for final action.
38 Criterion No. 8 appears to be unnecessary due
to the remaining criteria for approval of a CoA
by the HARC
Ch. 3; Sec. 3.13.030.B.8 Included - Criteria for Approval has been
simplified.
39 "Site" from Criterion No. 8 should not be
omitted from the effect a proposed change
may have upon the general character of the
district
Ch. 3; Sec. 3.13.030.B.8.a Included - See comment 38 above.
40 Criterion No. C.1.b should refer to
compatibility with the historic character of the
District
Ch. 3; Sec. 3.13.030.C.1.b Included
41 Concern with Criterion No. 1 for Approval for
the relocation, removal or demolition of a
Historic Landmark or contributing historic
structure
Ch. 3; Sec. 3.13.030.F.1 Included - Criterion has been clarified to state
that only circumstances that are unique to the
building proposed to be relocated or
demolished may be considered when reviewing
the request.
EXHIBIT C - Public Comments
Printed on 1/29/2015 Page 5 of 7
Comments Received Proposed Code Section Action
Proposed revisions to UDC requirements related to HARC and Historic Structures and Districts
Public Comments and Feedback
42 Concern with Criterion No. 2 for Approval for
the relocation, removal or demolition of a
Historic Landmark or contributing historic
structure
Ch. 3; Sec. 3.13.030.F.2 Included - Criterion has been removed
43 Criteria for Approval based on Loss of
Significance should not be the burden of the
applicant
Ch. 3; Sec. 3.13.030.F.3.a Not Included - Process is only applicable to
significant historic structures. Structures that
are not considered to be historically significant
would not be reviewed through the CoA
process.
44 Clarify review process for buildings or
structures that are relocated, removed or
demolished without approval of a CoA
Ch. 3; Sec. 3.13.040 Included
45 Appeal process - Include recommendation
from HARC to CC
Ch. 3; Sec. 3.13.080 Not Included - Standard process requires
appellate body to consider same request,
documentation and supporting information as
decision making body, in addition to meeting
minutes. All motions must include
findings/reason for final decision.
46 General Guidelines for Historic Overlay Districts
should also apply to National Historic Register
Districts
Ch. 4; Sec. 4.08.050 Not Included - Adopted Guidelines are only
applicable to Historic Overlay Districts within
the City's jurisdiction.
47 General Guidelines for all Historic Overlay
Districts should include compliance with the
Secretary of the Interior's Standards
Ch. 4; Sec. 4.08.050 Part Included - See Criteria for Approval in Sec.
3.13
48 Designated Historic Districts should continue to
use the adjective "Overlay"
Ch. 4; Sec. 4.04.050.B Not Included - Designated Historic Districts is a
type of Historic Overlay District. Including the
word "Overlay" may cause confusion in
applicable standards that are unique and
specific to a Designated Historic District and
that may not apply to other Historic Overlay
Districts.
49 Concern with the designation process for a
Historic Landmark (no timeline for
implementation)
Ch. 4; Sec. 4.08.050.D Not Included - Process to designate Historic
Landmarks must be adopted and in effect prior
to initiating designation process. By including
this Section in the Code, the City or interested
property owner may initiate the process to
designate a building, structure or site a local
Historic Landmark.
50 Demolition by Neglect should include
contributing and non-contributing historic
structures to a Historic Overlay District
Ch. 4; Sec. 4.08.060.A Included - Requirement was clarified to include
all buildings in a Historic Overlay District
and/or designated as a Historic Landmark.
EXHIBIT C - Public Comments
Printed on 1/29/2015 Page 6 of 7
Comments Received Proposed Code Section Action
Proposed revisions to UDC requirements related to HARC and Historic Structures and Districts
Public Comments and Feedback
51 Floor-to-Area-Ratio (FAR) for buildings within
the Old Town Overlay District should be 0.45
Ch. 4; Sec. 4.08.080.E Included - FAR has been reduced to 0.45
52 Alternative Parking Plans in the Downtown and
Old Town overlay districts should be reviewed
by the HARC
Ch. 9; Sec. 9.02.060 Not Included - Proposed change is to process
all Alternative Parking Plans in a consistent
manner The purpose of this Plan is to allow the
use of other existing parking facilities when
required parking may not be provided on site.
53 Clarification is needed on the term "upon
identification" for Demolition by Neglect
Ch. 15; Sec. 15.02.030.A Not Included - All cases will be identified and
reviewed through existing code enforcement
processes.
54 Definition of Alterations should not omit
cosmetic or decorative features
Ch. 16; Sec. 16.02 Not Included - Cosmetic and decorative
features are not considered to be structural
permanent features.
55 Certificate of Design Compliance should not
change to Certificate of Appropriateness
Ch. 16; Sec. 16.02 Not Included - As the term implies,
Appropriateness is used to identify
compatibility with the character of the historic
district or landmark, as well as design
guidelines, which were adopted to guide
improvements and preservation.
56 Clarify definition of "Demolition by Neglect"Ch. 16; Sec. 16.02 Included - Definition now includes outcome
due to negligence.
57 Definition of "Historic Landmark" should
include site (i.e. cemeteries)
Ch. 16; Sec. 16.02 Included
58 Low priority structures should be included in
the definition of "Historic Structure,
contributing"
Ch. 16; Sec. 16.02 Included - Definition now includes low,
medium and high priority structures.
59 Clarify definition on "Historic Structure; non-
contributing"
Ch. 16; Sec. 16.02 Included - Definition has been expanded to
clarify that non-contributing historic structures
include structures in a Historic Overlay District
but not listed in the Historic Resource Survey.
60 Definition of "Street Facing Façade" should
include all street lot lines
Ch. 16; Sec. 16.02 Included
61 Review process between adoption of UDC
amendments and new/revised Historic
Resource Survey
Ch. 16; Sec. 16.02 Included - Definitions revised to clarify
applicability during transition period. Current
structures listed in the Survey will be subject to
CoA review.
Other Comments
EXHIBIT C - Public Comments
Printed on 1/29/2015 Page 7 of 7
Comments Received Proposed Code Section Action
Proposed revisions to UDC requirements related to HARC and Historic Structures and Districts
Public Comments and Feedback
62 Require Conceptual Review for Infill
Construction and major alterations or
restoration
Not Included - Part of HARC's duties include
rendering guidance, upon request by the
property owner, on new construction or
alterations. This will remain an option to all
interested stakeholders. Process to request
guidance may be established administratively.
63 Review of a change in use from residential to
non-residential should remain with the HARC
Not Included - All review pertaining to the use
will follow existing zoning processes. However,
modifications and other necessary
improvements to the building because of a
change in use will be reviewed by the HPO or
HARC, as applicable.
64 Balance in the responsibility of the HPO and
HARC
Included - Certain modifications and
improvements were shifted back to HARC
review due to the significant impact it may
have on historic properties.
65 Better define the duties, roles and
responsibility of the HARC
Included
66 Allow more than one HARC member to be part
of the Demolition Subcommittee should they
meet the Architect/Structural Engineer/Historic
Preservationist criteria
Included - To be addressed in the City Code
EXHIBIT C - Public Comments
RESOLUTION NO. DSI I y -N
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, PURSUANT TO THE CODE OF ORDINANCES OF
GEORGETOWN, TEXAS, RECOMMENDING INITIATION OF
AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE ("UDC")
RELATIVE TO DEVELOPMENT STANDARDS, RULES AND PROCEDURES
THAT AFFECT PROPERTIES LOCATED IN HISTORIC OVERLAY
DISTRICTS AND/OR ARE LISTED ON THE LIST OF PRIORITY
STRUCTURE ("HISTORIC RESOURCE SURVEY"); MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, on March 11, 2003, the City Council of the City of Georgetown, Texas,
adopted a set of comprehensive development regulations known as the UDC via Ordinance No.
2003-16, which codified various zoning and subdivision standards; and
WHEREAS, the City Council held a posted Workshop on May 13, 2014, to review the
Historic and Architectural Review Commission's policies and procedures within the City of
Georgetown; and
WHEREAS, the City Council voiced concerns regarding regulations and procedures that
affect development on properties located in a Historic Overlay District, the Historic Resource
Survey, the Historic and Architectural Review Commission's powers and duties, property
rights, and the incentives allotted for historic preservation in the City; and
WHEREAS, the City Council finds that a comprehensive review and modification of the
development standards, rules, and procedures that affect properties located in a Historic
Overlay District and/or listed on the Historic Resource Survey is needed to create a balance
between land use regulations and historic preservation; and
WHEREAS, the City Council established a Unified Development Code Advisory
Committee on November 12, 2013, to review proposed or requested amendments to the UDC
other than executive amendments, which are those amendments that are nondiscretionary,
mandatory, or legislative revisions to address state statutes or case laws, ratify published
directors determinations, incorporate recently approved Council ordinances, process City
Council designated emergency items, or address revisions otherwise determined necessary by
legal counsel;
RESOLUTION NO. 0 S PAGE 1 OF 2
EXHIBIT D - Resolution
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1: The facts and recitations contained in the preamble of this resolution 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
resolution implements Chapter 3 of the City of Georgetown 2030 Comprehensive Plan relative
to Land Use.
SECTION 2: City Council hereby designates amendments to the UDC relative to the
development standards, rules, and procedures that affect properties located in a Historic
Overlay District and/or listed on the Historic Resource Survey as an emergency item.
SECTION 3: This resolution shall become effective from and after its passage.
PASSED and APPROVED thisAday of
J
2014.
Dale Ross, Mayor
ATTEST:
aI
a
T{J
Jed, ica Brettle, IVCity Secretary
RESOLUTION NO. 0 50-7 H —1 V PAGE 2 OF 2
EXHIBIT D - Resolution