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HomeMy WebLinkAbout2008-3110 - Ordinance - 09/11/2008ORDINANCE NO. 3110 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 2.5.B, "ADMINISTRATOR, POWERS AND DUTIES ", SECTION 2.8, "SUMMARY OF REVIEW AUTHORITY ", SECTION 3.1.F, "GENERAL APPROVAL PROCEDURES, REQUIRED PUBLIC NOTICE ", SECTION 3.2, "ZONING MAP AMENDMENT (REZONING)," SECTION 3.9.A, "BUILDING PERMIT, BUILDING PERMIT REQUIRED ", SECTION 4.1, "ESTABLISHMENT OF DISTRICTS," AND SECTION 11.2, "DEFINED TERMS," AND ADDING SECTION 2.4, "LANDMARK COMMISSION ", SECTION 3.9, "CERTIFICATE OF APPROPRIATENESS ", SECTION 3.10, "CERTIFICATE OF DEMOLITION ", SECTION 5.10, "HISTORIC PRESERVATION OVERLAY DISTRICT ", AND SECTION 10.5, "SPECIFIC PENALTIES FOR CERTIFICATES OF APPROPRIATENESS AND CERTIFICATES OF DEMOLITION" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance," Section 2.53, "Administrator, Powers and Duties ", Section 2.8, "Summary of Review Authority ", Section 3.1.F, "General Approval Procedures, Required Public Notice ", Section 3.2, "Zoning Map Amendment (Rezoning)," Section 3.9.A, "Building Permit, Building Permit Required ", Section 4.1, "Establishment of Districts ", and Section 11.2, "Defined Terms"; and adding Section 2.4, "Landmark Commission ", Section 3.9, "Certificate of Appropriateness ", Section 3.10, "Certificate of Demolition ", Section 5.10, "Historic Preservation Overlay District ", and Section 10.5, "Specific Penalties for Certificates of Appropriateness and Certificates of Demolition" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A ", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty -five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. ORDINANCE NO. 3110 PASSED, ADOPTED and APPROVED this ATTEST: jAhLkk 6 _ City Secretary APPROVED: 103 'w4v � M- 11 day of _September-, 2008. APPROVED: MA OR Page 2 ORDINANCE NO. 311 EXHIBIT "A" I. Page 3 That Chapter 12, "Unified Development Ordinance," Section 2.5.B, "Administrator, Powers and Duties" of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Sections 2.5.B.4 and 2.5.B.5 to read as follows: 2.5 Administrator B. Powers and Duties The Administrator shall have the following powers and duties: 4. Final Action The Administrator shall review and take final action on the following: a. Sign permits; b. Site plans (not Wolf Pen Creek District site plans); c. Administrative adjustments; d. Minor and amending plats; e. Determination of building plot (Section 7.1, General Provisions); f. Minor Wolf Pen Creek District projects; g. Amendments to the color palette for Northgate roof colors; h. Certificate of Appropriateness Routine Maintenance Work reviews; and i. Alternative parking plans (Section 7.2, Off- Street Parking). 5. Other Duties a. The Administrator, or his designee, shall serve as the Historic Preservation Officer (HPO) for the City of College Station. As such, the HPO shall serve as a representative for the Landmark Commission and shall be responsible for coordinating the Landmark Commission's preservation activities with the Historic Preservation Advisory Committee, those of state and federal agencies, and with local, state, and national nonprofit preservation organizations. b. The Administrator shall perform other duties imposed under the provisions of the CITY OF COLLEGE STATION CODE OF ORDINANCES, as amended from time -to -time. ORDINANCE NO. 3110 II. Page 4 That Chapter 12, "Unified Development Ordinance," Section 2.8, "Summary of Review Authority" of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Section 2.8, "Summary of Review Authority" to read as follows: 2.8 Summary of Review Authority The following table summarizes the authority of the various review bodies and staff. CITY COUNCIL (CC) (Oversize Participation D (Development Agreement D (Conditional Use permit D IZoning Map Amendment D I IZoning Map Amendment (HP) I D I IPDD / P -MUD Concept Plan I D (Text Amendment I D I (Comp. Plan Amendment I D I (Impact Fee / CIP Priorities I D (PLANNING & ZONING COMMISSION (P&Z) IZoning Map Amendment (HP) I Master Plans Preliminary Plat (Final Plat (Development Plat (Waiver of Subdivision Standard I IZONING BOARD OF ADJUSTMENT (ZBA) Variance Administrative Appeal Zoning Map Interpretation IDESIGN REVIEW BOARD (DRB) IWPC District Site Plan IWPC District Building /Sign Review IWPC Parking Waivers NG Waivers Non - Residential Arch. Standards Waiver (Gateway Grants A ILANDMARK COMMISSION (LC) (Certificates of Appropriateness I A ICertificates of Demolition A (ADMINISTRATOR Interpretation Sign Permit Site Plan Administrative Adjustment WPC District Building or Sign, Minor IMinor or Amending Plat R RR R R RR R RR R RR R RR R RR R RR R R R RR - D RR R D RR R D RR R D RR R D RR R RR RR RR D R D R A D R A D R A D R D R D RR D I RR �- D I RR D RR I I I I A ** A D A D A A* D A D A D A D R ORDINANCE NO. 3110 Page 5 JPD Concept Plan Minor Amend. A D ING Roof Color Palette Amendment A D ICertificate of Appropriateness, Routine I A D Alternative Parking Plans I A D R (BUILDING OFFICIAL (BO) (Building Permit D j ICertificate of Occupancy R D ICertificate of Completion I R D R DEVELOPMENT ENGINEER (DE) Development Permit D Driveway Application A D Alternative Const. Material A D *Section 3.5.E. Site Plan Review Criteria and 3.6.E. Wolf Pen Creek Design District General Site Plan Review Criteria only. * *Subdivision Regs. only. KEY: A= Appeal R= Recommend D =Final Action /Decision RR= Review /Report J Per Ordinance No, 2981 (May 24, 2007) Per Ordinance No. 3007 (September 27, 2007) ORDINANCE NO. 3110 III. Page 6 That Chapter 12, "Unified Development Ordinance," Section 3.1.F, "General Approval Procedures, Required Public Notice" of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Sections 3.1.F.1 and 3.1.F.4 to read as follows: 3.1 General Approval Procedures F. Required Public Notice 1. Summary of Notice Required Notice shall be required for development review as shown in the following table. Zoning Map Amend. (Rezoning) X LIDO Text Amendment X Conditional Use Permit X Subdivision - Replats* X* Design District - Site Plan /Bldg. Certificate of Appropriateness Certificate of Demolition (No economically X viable use) Variances – ZBA X Appeals – Site Plan & Driveway Waiver– Subdivision Design Waiver – Buffer Requirements Administrative Appeals X * Only when required per the Local Government Code. X X . X X X X X X X X X X X X X 4. Required Public Hearings The following table illustrates the types of review requiring a public hearing and the review body responsible for conducting the hearing. Comprehensive Plan Amendment Zoning Map Amendment (Rezoning) Zoning Map Amendment (Rezoning — Historic Preservation Overlay District) X Certificate of Demolition (No X economically viable use) LIDO Text Amendment Conditional Use Permit Subdivision* Variances – ZBA X Administrative Appeals X X X X X X X X X X X X * Only when required per the LOCAL GOVERNMENT CODE. ORDINANCE NO. 3110 IV. Page 7 That Chapter 12, "Unified Development Ordinance," Section 3.2, "Zoning Map Amendment (Rezoning)" of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Section 3.2, "Zoning Map Amendment (Rezoning)" to read as follows: 3.2 Zoning Map Amendment (Rezoning) Preapplicati on Conference A. Purpose To establish and maintain sound, stable, and desirable development within the territorial limits of the City, the Official Zoning Map may be amended based upon 9 changing P submittal on than ed or than in conditions in a articular Application area or in the City generally, or to rezone an area or extend the Staff boundary of an existing zoning district. All amendments shall be in Review accordance with the Comprehensive Plan, which may be amended according to the procedure in Section 3.19, Comprehensive Plan Landmark Amendment. Commission (if necessary) B. Initiation of Amendments An amendment to the Official Zoning Map may be initiated by: r 1. City Council on its own motion; I Planning8 I I l l Zoning J 2. The Planning and Zoning Commission; Commission 3. The Administrator; or 4. The property owner(s). City C. Amendment Application Council A complete application for a zoning map amendment shall be submitted to the Administrator as set forth in Section 3.1.C, Application Forms and Fees. 1. Application requests for a Planned Development District (PDD) and Planned Mixed -Use District (P -MUD) shall provide the following additional information: a. A written statement of the purpose and intent of the proposed development; b. A list and explanation of the potential land uses permitted; and c. A concept plan as described in Section 3.4, Concept Plan Review (PDD and P -MUD Districts). Per Ordinance No. 2981 (May 24, 2007) 2. Application requests for a Neighborhood Prevailing Overlay District (NPO) shall provide the following additional information: a. An original plat of the subdivision; and b. A petition including dated signatures by sixty percent (60 %) of current property owners in the subdivision in support of the overlay; and c. Contact information for all Neighborhood Association or Homeowners Association committee members. 3. Application requests for a Neighborhood Conservation Overlay District (NCO) shall provide the following additional information: a. An original plat of the subdivision; b. A petition including dated signatures by sixty percent (60 %) of the property owners in the subdivision in support of the overlay; ORDINANCE NO. 3110 Page 8 c. Contact information for all Neighborhood Association or Homeowners Association committee members; d. A list of six (6) property owners in the neighborhood to serve on neighborhood stakeholder committee; and e. A checklist of the proposed items to be included in the Conservation Study. 4. Application requests for a Historic Preservation Overlay District shall provide the following additional information: a. An inventory and survey of structures to be included in the rezoning, submitted on a form provided by the Historic Preservation Officer; b. A current photograph of each property included in the rezoning, and its improvements; c. Historical photographs, where available; and d. A completed Designation Report. Upon initiation of the historic designation procedure, the Historic Preservation Officer shall coordinate research to compile a written report regarding the historical, cultural, and architectural significance of the place or area proposed for historic designation at the request of the applicant, but the rezoning application will not be considered complete until the report has been completed. A Designation Report shall include a statement on each of the following to the extent that they apply: 1) A listing of the architectural, archaeological, paleontological, cultural, economic, social, ethnic, political, or historical characteristics upon which the nomination is based; 2) A description of the historical, cultural and architectural significance of the structures and sites; 3) Identification of contributing and noncontributing resources to the proposed district; and 4) A description of the boundaries of the proposed Historic Preservation Overlay District, including subareas and areas where new construction will be prohibited. D. Approval Process 1. Preapplication Conference Prior to the submission of an application for a Zoning Map Amendment, all potential applicants shall request a Preapplication Conference with the Administrator. The purpose of the conference is to respond to any questions that the applicant may have regarding any application procedures, standards, or regulations required by this UDO. If the Administrator determines that the map amendment request is not in conformity with the Comprehensive Plan, he shall not accept the application for the map amendment, and no further processing shall occur until the map amendment is in conformity or a request for an amendment to the Comprehensive Plan eliminating the lack of conformity has been submitted by the applicant. 2. Neighborhood Meeting Prior to the submission of an application for a Zoning Map Amendment for a NPO or NCO Overlay Rezoning, all potential applicants shall request a Neighborhood Meeting with City Staff. Prior to the submission of an application for a Zoning Map Amendment for a Historic Preservation Overlay District rezoning, all potential applicants shall request a Neighborhood Meeting with the Historic Preservation Officer. The purpose of the meeting is to present information about the proposed overlay and explain the process of rezoning to the neighborhood. 3. Review and Report by Administrator With the exception of applications for Historic Preservation Overlay Districts, once the application is complete, the Administrator shall review the proposed amendment to the ORDINANCE NO. 3110 Page 9 Official Zoning Map in light of the Comprehensive Plan, subject to the criteria enumerated in Article 4, Zoning Districts, and give a report to the Planning and Zoning Commission on the date of the scheduled public hearing. 4. Review and Report by Historic Preservation Officer An application for a Historic Preservation Overlay District rezoning shall be reviewed by the Historic Preservation Officer, who shall review the proposed amendment in light of the Comprehensive Plan, subject to the criteria enumerated in Article 4, Zoning Districts, and Section 5.10 Historic Preservation Overlay District, and give a report to the Landmark Commission on the date of the scheduled public hearing. S. Referral To Landmark Commission The Historic Preservation Officer, upon receipt of an application to amend the Official Zoning Map to an Historic Preservation Overlay District, shall refer the same to the Landmark Commission for study, hearing, and report. The Planning and Zoning Commission may not hold a public hearing or make a report to the City Council until it has received a report from the Landmark Commission. 6. Recommendation by Landmark Commission The Landmark Commission shall publish, post, and mail public notice in accordance with Section 3.1.F, Required Public Notice. The Landmark Commission shall hold a public hearing and make a recommendation to the Planning and Zoning Commission. 7. Referral To Planning and Zoning Commission With the exception of applications for Historic Preservation Overlay Districts, the Administrator, upon receipt of an application to amend the Official Zoning Map, shall refer the same to the Commission for study, hearing, and report. For a an application to amend the Official Zoning Map to an Historic Preservation Overlay District, the Historic Preservation Officer shall refer the same to the Planning and Zoning Commission for study, hearing, and report with the report of the Landmark Commission. The City Council may not enact the proposed amendment until the Planning and Zoning Commission makes its report to the City Council. 8. Recommendation by Planning and Zoning Commission The Planning and Zoning Commission shall publish, post, and mail public notice in accordance with Section 3.1.F, Required Public Notice. The Commission shall hold a public hearing and recommend to the City Council such action as the Commission deems proper. 9. City Council Action a. Notice The City Council shall publish, post, and mail public notice in accordance with Section 3.1.F, Required Public Notice, and hold a public hearing before taking final action on an application to amend the Official Zoning Map. b. Public Hearing The City Council shall hold a public hearing and approve, approve with modifications, or disapprove the application to amend the Official Zoning Map. c. Effect of Protest to Proposed Amendment If a proposed change to this UDO or rezoning is protested in accordance with Chapter 211 of the Texas Local Government Code, the proposed change must receive, in order to take effect, the affirmative vote of at least three - fourths of all members of the City Council. The protest must be written and signed by the owners of at least 20 percent of either the area of lots covered by the proposed change, or of the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. ORDINANCE NO. 3110 Page 10 d. Review Criteria In determining whether to approve, approve with modifications, or disapprove the proposed Official Zoning Map amendment, the City Council shall consider the following matters regarding the proposed amendment: 1) Consistency with the Comprehensive Plan; 2) Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood; 3) Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment; 4) Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment; 5) Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment; and 6) Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use. 7) In addition, for proposed amendments to Historic Preservation Overlay Districts, the City Council shall consider if the proposed amendment contains property(ies) and an environmental setting which meets two or more of the criteria for designation of a Historic Preservation Overlay District as described in Section 5.10.0 Criteria for Designation of Historic Preservation Overlay Districts. e. Effect of Historic Preservation Overlay District Zoning Upon Official Public Records Upon designation of a property with a Historic Preservation Overlay District, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Brazos County, Texas, the tax records of the City of College Station, and the Brazos County Appraisal District, as well as the official zoning map of the City of College Station. E. Limitation on Reapplication If an application for rezoning is denied by the City Council, another application for reclassification of the same property or any portion thereof shall not be considered within a period of 180 days from the date of denial, unless the Planning and Zoning Commission finds that one of the following factors are applicable: 1. There is a substantial change in circumstances relevant to the issues and /or facts considered during review of the application that might reasonably affect the decision - making body's application of the relevant review standards to the development proposed in the application; 2. New or additional information is available that was not available at the time of the review that might reasonably affect the decision- making body's application of the relevant review standards to the development proposed; 3. A new application is proposed to be submitted that is materially different from the prior application (e.g., proposes new uses or a substantial decrease in proposed densities and intensities); or 4. The final decision on the application was based on a material mistake of fact F. Repeal of a Single- Family Overlay District A repeal of a single - family overlay district may be initiated by: 1. City Council on its own motion; 2. The Planning and Zoning Commission; 3. The Administrator; or 4. By petition of sixty percent (60 %) of the property owner(s) in the subject district. ORDINANCE NO. 3110 Page I I A repeal of a single - family overlay district is considered a rezoning and is subject to the Zoning Map Amendment requirements herein. ORDINANCE NO. 3110 V. Page 12 That Chapter 12, "Unified Development Ordinance," Section 3.9.A, `Building Permit, Building Permit Required" of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Section 3.9.A, "Building Permit, Building Permit Required" to read as follows: 3.9 Building Permit A. Building Permit Required *Building No building or other structure shall hereafter be erected, moved, added to, structurally altered, repaired, demolished, or occupancy ff changed without a permit issued by the Building Official except in w conformity with the provisions of this section and the 2006 INTERNATIONAL BUILDING CODE as adopted and amended by the City, unless otherwise provided for in the CITY OF COLLEGE STATION CODE OF ORDINANCES. No Building Permit issued under the provisions of this Article for land use or construction in the City shall be considered valid unless signed by the Building Official. ORDINANCE NO. 3110 051 P Page 13 That Chapter 12, "Unified Development Ordinance," Section 4.1, "Establishment of Districts," of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Section 4.1, "Establishment of Districts," to read as follows: 4.1 Establishment of Districts For the purpose of this UDO, portions of the City, as specified on the Official Zoning Map of the City, are hereby divided into the zoning, design, and overlay districts enumerated below. The intensity regulations applicable for such zoning districts are designated in Article 5 and the use regulations are designated in Article 6 of this UDO. Residenti al Zoning Districts A -O Agricultural -Open A -OR Rural Residential Subdivision R -1 Single - Family Residential R -113 Single - Family Residential R -2 Duplex Residential R -3 Townhouse R -4 Multi - Family R -6 High Density Multi- Family R -7 Manufactured Home Park Non-Residential Zoning Districts A -P Administrative / Professional C -1 General Commercial C -2 Commercial - Industrial C -3 Light Commercial M -1 I Light Industrial M -2 I Heavy Industrial C -U College and University R & D I Research & Development P -MUD Planned Mixed -Use District PDD Planned Development District WPC I Wolf Pen Creek Development Corridor i t NG -1 Core Northgate Northgate NG -2 Transitional Northgate NG -3 Residential Northgate O verlay OV Corridor Overlay RDD Redevelopment District KO Krenek Tap Overlay NPO Neighborhood Prevailing Overlay NCO Neighborhood Conservation Overlay HP Historic Preservation Overlay ORDINANCE NO. 3110 Page 14 VII. That Chapter 12, "Unified Development Ordinance," Section 11.2, "Defined Terms," of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Section 11.2, "Defined Terms," to add the following definitions: 11.2 Defined Terms For the purpose of this UDO, certain words as used herein are defined as follows: Historic Preservation Easement: An easement that protects a significant historic, archaeological, or cultural resource. It provides assurance that a property's intrinsic values will be preserved through future ownership. A building, portion of a building (such as the fagade), or a bridge, dam, or any other kind of structure may qualify. A Historic Preservation Easement may also protect a historic landscape, battlefield, traditional cultural place, or archaeological site. Historic Preservation Overlay District definitions (applicable only in reference to Historic Preservation Overlay district): Association: Link of a property that contributes to a Historic Preservation Overlay District with a historic event, activity, or person. Also, the quality of integrity through which a property is linked to a particular past time and place. Contributing Resource: A building, site, structure or object in a Historic Preservation Overlay District that supports the District's historical significance through Location, Design, Setting, Materials, Workmanship, Feeling, or Association. Design: Quality of integrity applying to the elements that create the physical form, plan, space, structure, and style of a property. Feeling: Quality of integrity through which a property that contributes to a Historic Preservation Overlay District evokes the aesthetic or historic sense of past time and place. Integrity: Authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period. Location: Quality of integrity retained by a property that contributes to a Historic Preservation Overlay District historic property existing in the same place as it did during the period of significance. Materials: Quality of integrity applying to the physical elements that were combined or deposited in a particular pattern or configuration to form a property that contributes to a Historic Preservation Overlay District. Non - Contributing Resource: A building, site, structure, or object in a Historic Preservation Overlay District that does not support the District's historical significance through Location, Design, Setting, Materials, Workmanship, Feeling, or Association. Setting: Quality of integrity applying to the physical environment of a property that contributes to a Historic Preservation Overlay District. Workmanship: Quality of integrity applying to the physical evidence of the crafts of a particular culture, people, or artisan. ORDINANCE NO. 3110 Page 15 VIII. That Chapter 12, "Unified Development Ordinance," Article 2, "Development Review Bodies," of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding Section 2.4, "Landmark Commission" (which will result in the renumbering of the existing Sections 2.4 — 2.8 to Section 2.5 — 2.9) to read as follows: 2.4 Landmark Commission A. Creation A Landmark Commission is hereby established by the City of College Station for the purpose of enhancing the City's ability to identify and protect historically and /or culturally significant districts, areas, sites, buildings, and structures by bringing expertise from the community in those areas related to the designation of Historic Preservation Overlay Districts and protection of the contributing elements within them. B. Membership and Terms 1. The Landmark Commission shall consist of seven (7) regular members and two (2) alternate members. Six (6) of the regular members and the two (2) alternate members shall be appointed by the City Council. City Council shall apportion membership according to the following fields of expertise or specialized knowledge: a. One (1) member shall represent one of the following fields or professions: 1) History or 2) Archaeology b. Two (2) members shall be the owners of the following: 1) Property in the City of College Station Historic Marker Program or 2) Property within a Historic Preservation Overlay District. If no Historic Preservation Overlay District has yet been applied to property in the City of College Station, a property owner(s) of land platted prior to 1970 may be considered. c. Two (2) members shall represent any combination of the following fields or professions: 1) Architecture: an architect, previously registered architect, architect registered in another state, or professor in the field of architecture; 2) Landscape architecture: a landscape architect, previously registered landscape architect, landscape architect registered in another state, or professor in the field of landscape architecture; 3) Urban planning: a certified planner, previously certified planner, a planner with at least three (3) years of municipal planning experience, or professor in the field of urban planning; or 4) Historical preservation specialist: an experienced professional who provides technical and strategic expertise to promote the viability, reuse, and integrity of historic buildings and /or property. d. One (1) member shall represent one of the following fields or professions: 1) Banking, finance, or economics; 2) Real estate; or 3) Law. ORDINANCE NO. 3110 Page 16 e. One (1) alternate shall represent the membership criteria identified above in subsection b. f. One (1) alternate shall represent any of the fields identified above in subsections a, c, or d. The seventh regular member shall be the Chairman of the Historic Preservation Advisory Committee or his designee. The City Council shall prioritize Landmark Commission candidates within each subsection above by their demonstrated expertise and interest in historic preservation. In the event any of the memberships assigned to a particular field of expertise or specialized knowledge identified above in subsections a, b, c, or d cannot be timely filled (in the judgment of the City Council) with a qualified candidate, the City Council may appoint citizens -at -large that have demonstrated interest in historic preservation to fill such places. 2. Members shall be appointed for three -year terms or until their successors are appointed. Initially, one (1) member from subsection b and one (1) member from subsection c shall have terms of only one (1) year; the members of subsections a and d shall have terms of only two (2) years; and one member from subsection b and one member from subsection c shall have terms of three (3) years. After the initial appointments, two (2) members shall be appointed each year. 3. The Landmark Commission shall comply with the OPEN MEETINGs Acr. C. Officers, Meetings, Quorum 1. Officers A Chairperson shall be appointed annually by the City Council. The Commission shall select a Vice -Chair from among its members, as needed. 2. Meetings Members of the Landmark Commission shall meet monthly, as needed, and the Chairperson shall designate the time and place of such meetings. All meetings of the Commission where a quorum is present shall be open to the public. 3. Quorum Four (4) members shall constitute a quorum for the transaction of any business. Any recommendation or decision which does not receive a majority of positive votes shall be deemed a negative report. 4. Rules of Proceeding The Landmark Commission shall adopt its own rules of procedure. 5. Minutes The Landmark Commission shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Administrator and shall be a public record. D. Powers and Duties The Landmark Commission shall have the following powers and duties: 1. Duties a. Review and approve surveys conducted and maintained by the City that include an inventory of significant historic, architectural, and cultural resources within the City of College Station according to guidelines established by the Texas Historical Commission; ORDINANCE NO. 3110 Page 17 b. Utilize such surveys to identify potential property appropriate for the application of Historic Preservation Overlays; C. Review and approve surveys conducted and maintained by the City that include an inventory of all properties located within a Historic Preservation Overlay District within the City of College Station; d. Nominate properties to the National Register of Historic Places; e. Establish an ad hoc three - person Economic Review Panel when a property owner in a Historic Preservation Overlay District requests a Certificate of Demolition based on the reason that no economically viable use of the property exists. The Economic Review Panel must be comprised of three independent experts knowledgeable in one or more of the following fields: the economics of real estate, building renovation, or redevelopment. "Independent" as used in this subparagraph means that the expert has no financial interest in the property, its renovation, or redevelopment; is not an employee of the property owner; is not a city employee; is not a member of the Landmark Commission; and is not compensated for serving on the Economic Review Panel. The Economic Review Panel must consist of one person selected by the Landmark Commission, one person selected by the property owner, and one person selected by the first two appointees. If the first two appointees cannot agree on a third appointee within thirty (30) calendar days after submission of all of the required documentation supporting the application, the third appointee will be selected by the Administrator within five (5) days. Within thirty -five (35) calendar days after submission of all of the required documentation supporting the application, all appointments to the Economic Review Panel shall be made; f. Act in an advisory role to the City Council of the City of College Station, all appointed boards and commissions, and City departments regarding the protection of local historic, architectural, and cultural resources; g. Review and make recommendations to the appropriate County Historical Commission of all proposed National Register nominations for properties within the City of College Station; and h. Prepare and submit annually to the City Council a report summarizing the work completed during the previous year. 2. Recommendations The Landmark Commission shall make recommendations to the Planning and Zoning Commission subject to the terms and conditions set forth for such uses in this UDO for the following: a. The effective coordination of the various City departments, committees, and boards, in implementing the Comprehensive Plan as it relates to historic preservation; b. The adoption of text amendments as they relate to the designation of Historic Preservation Overlay Districts and the processes and standards for properties within Historic Preservation Overlay Districts; and c. the designation of Historic Preservation Overlay Districts. The Landmark Commission shall make recommendations to the City Council for the following: d. The utilization of state, federal, or private funds to promote the preservation of Historic Preservation Overlay Districts within the City of College Station, and e. The acceptance of the dedication of Historic Preservation Easements for the purpose of historic preservation. 3. Final Action The Landmark Commission shall hear and take final action on the following: a. Applications for Certificates of Appropriateness, b. Applications for Certificates of Demolition, and ORDINANCE NO. 3110 Page 18 c. Certifications of properties of Demolition by Neglect, notices to owners of certified Demolition by Neglect properties, and referrals for enforcement. E. Staff The Administrator shall provide staff, including a Historic Preservation Officer, as needed, to the Landmark Commission. ORDINANCE NO. 3110 IX. Page 19 That Chapter 12, "Unified Development Ordinance," Article 3, "Development Review Procedures ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding Section 3.9, "Certificate of Appropriateness" and Section 3.10, "Certificate of Demolition" (which will result in the renumbering of the existing Sections 3.9 — 3.19 to Section 3.11 — 3.21) to read as follows: 3.9 Certificate of Appropriateness A. Applicability 1. Prior to any construction, reconstruction, alteration, restoration, or rehabilitation of any structure or any property within a Historic Preservation Overlay District, or any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from a public right -of -way that affects the appearance and cohesiveness of any structure or any property within a Historic Preservation Overlay District, an applicant must obtain a Certificate of Appropriateness in accordance with this Section. 2. No building permit shall be issued for proposed work within a Historic Preservation Overlay District until a Certificate of Appropriateness has first been issued as required by the UDO. The Certificate of Appropriateness shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of College Station. B. Application Requirements Application Submittal Staff Review Completeness Review Landmark Commission A complete application for a Certificate of Appropriateness shall be submitted to the Administrator as set forth in Section 3.1.C., Application Forms and Fees. The application shall include, where applicable: I. Detailed description of proposed work; 2. Proposed building plans (this will not constitute a building plan submittal for review for a building permit); 3. Landscaping plans showing landscaping features and vegetation species, sizes, and locations; 4. Landscape protection plans; S. Location and photographs of the property and adjacent properties; 6. Elevation drawings of the proposed changes, if available; 7. Samples of materials to be used; S. Specifications for architectural features and materials; and 9. Any other information that the Landmark Commission or Historic Preservation Officer may deem necessary in order to visualize proposed work. C. Certificate of Appropriateness Approval Process Certificate of Appropriateness applications shall be processed in accordance with the following requirements: 1. Preapplication Conference Prior to the submission of an application for Certificate of Appropriateness, all potential applicants may request a preapplication conference with the Administrator. The purpose of the preapplication conference is to respond to any questions that the applicant may have regarding any application procedures, standards, or regulations required by this ORDINANCE NO. 3110 Page 20 UDO; however, the preapplication conference does not fulfill the requirements for formal review or submittal as set forth in this UDO. 2. Review and Report by the Historic Preservation Officer Upon receipt of an application for a Certificate of Appropriateness, the Historic Preservation Officer shall determine whether the application is to be reviewed under the Standard Certificate of Appropriateness Review Procedure or the Routine Maintenance Work Procedure. If the application is to be reviewed under the Standard Certificate of Appropriateness Review Procedure, the following applies. If the application is to be reviewed under the Routine Maintenance Work Procedure, the procedure in subsection E. below will apply. Under the Standard Certificate of Appropriateness Review Procedure, the Historic Preservation Officer will review the application to determine if the proposed plan is consistent with all applicable provisions of this UDO and the City's Comprehensive Plan. The Historic Preservation Officer will forward his report on the application to the Landmark Commission with a recommendation for approval, denial or conditional approval. 3. Review by the Landmark Commission The Landmark Commission shall review the application in a public meeting and may approve, approve with conditions or deny the application. If the Landmark Commission requires additional information than that presented at a meeting, a decision may be postponed until a specified date when the specified information may be provided. Notice shall be provided by publication of the agenda of the meeting. 4. Final Action by the Landmark Commission If the application is determined to be consistent with all applicable provisions of this UDO, including the applicable district provisions of Section 5.10 Historic Preservation Overlay District and the review criteria below, the Landmark Commission shall approve the plan. A determination that all requirements and provisions have not been satisfied shall result in disapproval of the plan. D. Criteria for Approval of a Certificate of Appropriateness The Landmark Commission shall approve a Certificate of Appropriateness if it finds: 1. For Contributing Resources: a. The proposed work is consistent with any adopted design guidelines for the district, The Secretary of the Interior's Standards for Rehabilitation, The Secretary of the Interior's Guidelines for Rehabilitating Historic Buildings, Preservation Briefs, and all related interpretative documents published by the US Department of Interior; b. The proposed work will not have an adverse effect on the architectural features of the structure; c. The proposed work will not have an adverse effect on the Historic Preservation Overlay district; and d. The proposed work will not have an adverse effect on the future preservation, maintenance, and use of the structure or the Historic Preservation Overlay District. 2. For Non - Contributing Resources: the proposed work is compatible with the Historic Preservation Overlay District. E. Certificate of Appropriateness Routine Maintenance Work Review Procedure 1. If, upon review of an application for a Certificate of Appropriateness, the Historic Preservation Officer determines that an applicant is seeking a Certificate of Appropriateness to authorize only routine maintenance work, the Historic Preservation Officer shall review the Certif=icate of Appropriateness application to determine whether the proposed work complies with the regulations contained in this Section and approve, approve with conditions, or deny the application. The Historic Preservation Officer may also forward the application to the Landmark Commission for any reason. ORDINANCE NO. 3110 Page 21 2. Routine Maintenance Work on a property is considered to be: a. The installation of a chimney located on an accessory building, or on the rear fifty percent (50 %) of a main building and not part of a corner side fagade; b. The installation of an awning located on an accessory building, or on the rear fagade of a primary structure; c. The installation of a wood or chain link fence that is not painted or stained; e. The installation of gutters and downspouts of a color that matches or compliments the dominant trim or roof color; f. The installation of skylights and solar panels; g. The installation of storm windows and doors; j. The restoration of original architectural elements; 3. The applicant may appeal the Historic Preservation Officer's decision by submitting to the Historic Preservation Officer a written request for appeal within ten (10) calendar days of the decision. Upon the written request for appeal, the Landmark Commission will review the application under the Standard Certificate of Appropriateness Review Procedure. F. Expiration of Approval 1. For plans that do not require the issuance of a building permit, work to complete the plans shall commence and be completed within twenty -four (24) months from the date of approval of the application. The Historic Preservation Officer may authorize a single extension of a Certification of Appropriateness up to six (6) months upon demonstration of substantial progress and the lack of changed or changing conditions in the area. 2. For plans that require the issuance of a building permit, if a building permit has not been issued for the proposed work within twenty -four (24) months from the date of approval of the application, the Historic Preservation Officer may authorize a single extension of a Certification of Appropriateness up to six (6) months upon demonstration of the lack of changed or changing conditions in the area. A Certification of Appropriateness shall be valid as long as there is a valid building permit. G. Appeals An applicant for a Certification of Appropriateness dissatisfied with the action of the Landmark Commission related to the issuance or denial of a Certification of Appropriateness shall have the right to appeal to the City Council within ten (10) calendar days after the date of such action. In considering an appeal, the City Council shall consider the same standards and evidence that the Landmark Commission was required to consider in making the decision. H. Limitation on Reapplication If a final decision is reached denying a Certificate of Appropriateness, no further applications may be considered for the subject matter of the denied Certificate of Appropriateness for one (1) year from the date of the final decision unlessthe Landmark Commission waives the time limitation because the Landmark Commission finds that there are changed circumstances sufficient to warrant a new hearing. I. Revocation The Historic Preservation Officer may, in writing, revoke a Certificate of Appropriateness if: 1. The Certificate of Appropriateness was issued on the basis of incorrect information supplied by the applicant, or 2. The work is not performed in accordance with the Certificate of Appropriateness. J. Amendment to a Certificate of Appropriateness A Certificate of Appropriateness may be amended by submitting a new Certificate of Appropriateness application to the Historic Preservation Officer. The application shall then be subject to either the Standard Certificate of Appropriateness Review Procedure or the Routine Maintenance Work Procedure. ORDINANCE NO. 3110 K. Ordinary Maintenance Page 22 Other than the Routine Maintenance Work listed above, a Certificate of Appropriateness shall not be required for the ordinary maintenance and repair of any exterior architectural feature of a property within a Historic Preservation Overlay District which does not involve a change in design, material, or outward appearance such as: 1. The replacement of a roof of the same or an original material that does not include a change in color; 2. The application of paint that is the same as the existing; 3. Minor repair using the same material and design as the original; 4. The repair of sidewalks and driveways using the same type and color of materials; S. The process of cleaning (including but not limited to low- pressure water blasting and stripping, but excluding sandblasting and high - pressure water blasting); and 6. The painting, replacing, duplicating, or stabilizing deteriorated or damaged non - original architectural features (including but not limited to roofing, windows, columns, and siding) in order to maintain the structure and to slow deterioration. F. Temporary Emergency Repairs If the Building Official determines that a building or structure in a Historic Preservation Overlay District poses an immediate threat to persons or property, the Building Official may take any action authorized under the CITY OF COLLEGE STATION CODE OF ORDINANCES to make the building or structure safe without the requirement of a Certification of Appropriateness. The Building Official shall send a written report of such actions to the Landmark Commission. 3.10 Certificate of Demolition A. Applicability 1. Prior to any demolition or removal of any structure or portion Application \ thereof on any property within a Historic Preservation Overlay Submittal District, an applicant must obtain a Certificate of Demolition in accordance with this Section. 2. No building permit shall be issued for proposed work within a Historic Preservation Overlay District until a Certificate of CoRevewess Demolition required by the UDO has first been issued by the Landmark Commission. The Certificate of Demolition shall be in addition to, and not in lieu of, any building permit that may be required b an other ordinance of the City of College Station. y y y g Economic Review Panel (when 3. No permit for the demolition of a structure or property within a necessary) Historic Preservation Overlay District, including secondary buildings and landscape features, shall be granted by the Building Official without the review of a completed application for and approval of a Certificate of Demolition by the Landmark Commission. Landmark B. Application Requirements Commission A property owner seeking demolition or removal of a structure, including secondary buildings and landscape features, on a property in a Historic Preservation Overlay District shall submit a complete application for a Certificate of Demolition to the Administrator as set forth in Section 3.1.C., Application Forms and Fees. The application shall include: 1. An affidavit in which the owner swears or affirms that all information submitted in the application is true and correct. 2. An indication that the demolition or removal is sought for one or more of the following reasons: Staff Review ORDINANCE NO. 3110 Page 23 a. To replace the structure with a new structure that is more appropriate and compatible with the Historic Preservation Overlay District; b. No economically viable use of the property exists; c. The structure poses an imminent threat to public health or safety; or d. The structure is noncontributing to the Historic Preservation Overlay District because it is newer than the period of historic significance. 3. An application "To replace the structure with a new structure that is more appropriate and compatible with the Historic Preservation Overlay District" shall also include: a. Records depicting the original construction of the structure, including drawings, pictures, or written descriptions where available; b. Records depicting the current condition of the structure, including drawings, pictures, or written descriptions; c. Any conditions proposed to be placed voluntarily on the new structure that would mitigate the loss of the structure; d. Complete architectural drawings of the new structure; and e. A guarantee agreement between the owner and the City that demonstrates the owner's intent and financial ability to construct the new structure. The guarantee must: 1) Contain a statement of intent to construct the proposed structure by a specific date in accordance with architectural drawings approved by the City through the Certificate of Appropriateness process; 2) Require the owner or construction contractor to post a performance and payment bond, letter of credit, escrow agreement, cash deposit, or other arrangement acceptable to the Administrator to ensure construction of the new structure; and 3) Be approved as to form by the City Attorney. 4. An application that "No economically viable use of the property exists" shall also include: a. The past and current uses of the structure and property; b. The name of the owner. 1) If the owner is a legal entity, the type of entity and states in which it is registered. 2) The date and price of purchase or other acquisition of the structure and property, and the party from whom acquired, and the owner's current basis in the property. 3) The relationship, if any, between the owner and the party from whom the structure and property were acquired. (If one or both parties to the transaction were legal entities, any relationships between the officers and the board of directors of the entities must be specified.); 4) The assessed value of the structure and property according to the two most recent tax assessments; 5) The amount of real estate taxes on the structure and property for the previous two (2) years; 6) The current fair market value of the structure and property as determined by an independent licensed appraiser; 7) All appraisals obtained by the owner and prospective purchasers within the previous two (2) years in connection with the potential or actual purchase, financing, or ownership of the structure and property; 8) All listings of the structure and property for sale or rent within the previous two (2) years, prices asked, and offers received; 9) A profit and loss statement for the property and structure containing the annual gross income for the previous two (2) years; itemized expenses (including operating and maintenance costs) for the previous two (2) years, including proof that adequate and competent management procedures were followed; the annual cash flow for the previous two (2) years; and proof that the owner ORDINANCE NO. 3110 Page 24 has made reasonable efforts to obtain a reasonable rate of return on the owner's investment and labor; 10) A mortgage history of the property during the previous five (5) years, including the principal balances and interest rates on the mortgages and the annual debt services on the structure and property; 11) All capital expenditures during the current ownership; 12) Records depicting the current conditions of the structure and property, including drawings, pictures, or written descriptions; 13) A study of restoration of the structure or property, performed by a licensed architect, engineer or financial analyst, analyzing the physical feasibility (including architectural and engineering analyses) and financial feasibility (including pro forma profit and loss statements for a ten (10) year period, taking into consideration redevelopment options and all incentives available) of adaptive use of restoration of the structure and property; 14) Any consideration given by the owner to profitable adaptive uses for the structure and property; 15) Construction plans for any proposed development or adaptive reuse, including site plans, floor plans, and elevations; 16) Any conditions proposed to be placed voluntarily on new development that would mitigate the loss of the structure; and 17) Any other evidence that shows that the affirmative obligation to maintain the structure or property makes it impossible to realize a reasonable rate of return. S. An application to demolish or remove a structure that "Poses an imminent threat to public health or safety" shall also include: a. Records depicting the current condition of the structure, including drawings, pictures, or written descriptions; b. A study regarding the nature, imminence, and severity of the threat, as performed by a licensed architect or engineer; and c. A study regarding both the cost of restoration of the structure and the feasibility (including architectural and engineering analyses) of restoration of the structure, as performed by a licensed architect or engineer. 6. An application to demolish or remove a structure that is "Noncontributing to the Historic Preservation Overlay District because the structure is newer than the period of historic significance" shall also provide: a. Documentation that the structure is noncontributing to the Historic Preservation Overlay District; b. Documentation of the age of the structure; and c. A statement of the purpose of the demolition. 7. Any other evidence the property owner wishes to submit in support of the application. 8. Any other evidence requested by the Landmark Commission or the Historic Preservation Officer. C. Certificate of Demolition Approval Process Certificate of Demolition applications shall be processed in accordance with the following requirements: 1. Preapplication Conference Prior to the submission of an application for Certificate of Demolition, all potential applicants may request a preapplication conference with the Administrator. The purpose of the preapplication conference is to respond to any questions that the applicant may have regarding any application procedures, standards, or regulations required by this UDO; however, the preapplication conference does not fulfill the requirements for formal review or submittal as set forth in this UDO. ORDINANCE NO. 3110 2. Application Page 25 When a complete application for a Certificate of Demolition has been submitted to the City, the application will begin a mandatory sixty (60) day stay of demolition. The Certificate of Demolition approval process will continue concurrently with the stay of demolition, but the Landmark Commission shall not take final action before the stay of demolition has expired. 3. Review and Report by the Historic Preservation Officer If the application is determined to be consistent with all applicable provisions of this UDO and the City's Comprehensive Plan, or if the application is recommended for denial or conditional approval, the Historic Preservation Officer shall report such consistency, inconsistency, or proposed conditions to the Landmark Commission. 4. Review by an Economic Review Panel For an application that "No economically viable use of the property exists ", within thirty - five (35) days after appointment of the Economic Review Panel as provided in Section 2.4, the Economic Review Panel shall review the submitted documentation; hold a public hearing; consider all options for renovation, adaptive reuse, and redevelopment; and forward a written recommendation to the Landmark Commission. The Historic Preservation Officer shall provide administrative support to the Economic Review Panel. The Economic Review Panel's recommendation shall be based on the same standard for approval to be used by the Landmark Commission. An application that no economically viable use of the property exists will not be considered complete until the Economic Review Panel has made its recommendation to the Landmark Commission. If the Economic Review Panel is unable to reach a consensus, the report will indicate the majority and minority recommendations. If the Economic Review Panel does not meet within thirty -five (35) days after appointment, a recommendation of no economically viable use of the property will be forwarded to the Landmark Commission. S. Review by the Landmark Commission The Landmark Commission shall review the application for Certificate of Demolition in a public meeting and may approve, approve with conditions, or deny the application. If the Landmark Commission requires additional information than that presented at a meeting, a decision may be postponed until a specified date when the specified information may be provided. Notice shall be provided by publication of the agenda of the meeting. 6. Final Action by the Landmark Commission If the application is determined to be consistent with all applicable provisions of this UDO, including the applicable district provisions of Section 5.10 Historic Preservation Overlay District, and the review criteria below, the Landmark Commission shall approve the plan. A determination that all such requirements and provision have not been satisfied shall result in disapproval of the plan. The property owner has the burden of proof to establish by clear and convincing evidence the necessary facts to warrant favorable action by the Landmark Commission. D. Criteria for Approval of a Certificate of Demolition In considering an application for a Certificate of Demolition, the Landmark Commission shall deny the application unless it makes the following findings: 1. The Landmark Commission shall deny an application for a Certificate of Demolition to replace a structure with a new structure unless it finds that: a. The new structure is more appropriate and compatible with the Historic Preservation Overlay District than the structure to be demolished or removed; and b. The owner has the financial ability and intent to build the new structure. The Landmark Commission must first approve the Certificate of Appropriateness for the proposed new structure and the guarantee agreement to construct the new structure before it may consider the application for a Certificate of Demolition. ORDINANCE NO. 3110 Page 26 2. The Landmark Commission shall deny an application for a Certificate of Demolition to remove a structure because of no economically viable use of the property unless it finds that: a. The structure is incapable of earning a reasonable economic return unless the demolition or removal is allowed (a reasonable economic return does not have to be the most profitable return possible); b. The structure cannot be adapted for any other use, whether by the owner or by a purchaser, which would result in a reasonable economic return; and c. The owner has failed during the last two (2) years to find a developer, financier, purchaser, or tenant that would enable the owner to realize a reasonable economic return, despite having made substantial ongoing efforts to do so. 3. The Landmark Commission shall deny an application for a Certificate of Demolition to remove a structure that poses an imminent threat to public health or safety unless it finds that: a. The structure constitutes a documented major and imminent threat to public health and safety; b. The demolition or removal is required to alleviate the threat to public health and safety; and c. There is no reasonable way, other than demolition or removal, to eliminate the threat in a timely manner. 4. The Landmark Commission shall deny an application for a Certificate of Demolition to remove a structure that is noncontributing to the Historic Preservation Overlay District because it is newer than the period of historic significance unless it finds that: a. The structure is noncontributing to the Historic Preservation Overlay District; b. The structure is newer than the period of historic significance for the Historic Preservation Overlay District; and c. Demolition of the structure will not adversely affect the historic character of the property or the integrity of the Historic Preservation Overlay District. E. Appeals 1. Any interested person may appeal the decision of the Landmark Commission to the City Council by filing a written notice with the Administrator within ten (10) calendar days after the decision of the Landmark Commission. If no appeal is made of a decision to approve a Certificate of Demolition within the 10 -day period, the Building Official shall issue the permit to allow demolition or removal. If an appeal is filed, the City Council shall hear and decide the appeal within sixty -five (65) calendars days of its filing. 2. In considering an appeal, the City Council shall consider the same standards and evidence that the Landmark Commission was required to consider in making the decision. F. Limitation on Reapplication If a final decision is reached denying a Certificate of Demolition, no further applications may be considered for the subject matter of the denied Certificate of Demolition for one (1) year from the date of the final decision unless the Landmark Commission waives the time limitation because the Landmark Commission finds that there are changed circumstances sufficient to warrant a new hearing. G. Expiration of Approval A Certificate of Demolition expires if the work authorized by the Certificate of Demolition is not commenced within 180 days from the date of final approval. A final, one -time extension for the commencement of work of 90 days may be granted by the Administrator upon written request by the applicant showing circumstances beyond the control of the applicant. If the Certificate of Demolition expires, a new Certificate of Demolition must first be obtained before the work can commence. ORDINANCE NO. 3110 Page 27 H. Demolition by Neglect 1. Prohibition No owner or person with an interest in real property included within a Historic Preservation Overlay District shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature or structural compromise which would, in the judgment of the Landmark Commission, produce a detrimental effect upon the character of the Historic Preservation Overlay District as a whole or the life and character of the property itself. Examples of such deterioration include, but are not limited to: • Deterioration of the foundation. • Deterioration of floor supports or the addition of floor supports that are insufficient to carry the loads imposed. • Deterioration of walls, windows, doors, or other vertical supports, or the addition of such supports that are of insufficient size or strength to carry the loads imposed. • Deterioration of roof or other horizontal members. • Deterioration of exterior chimneys. • Deterioration or crumbling of exterior stucco or mortar. • Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors. • Defective weather protection or lack of weather protection for exterior wall coverings, including lack of paint or other protective coating. • Any fault, defect, or condition in the structure that renders it structurally unsafe or not properly watertight. • Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety. 2. Procedure a. Purpose The purpose of the Demolition by Neglect procedure is to allow the Landmark Commission to work with the property owner to encourage maintenance and stabilization of the structure and identify resources available before any enforcement action is taken. b. Request for investigation Any interested party may request that the Historic Preservation Officer investigate whether a property is being Demolished by Neglect. c. First meeting with the property owner Upon receipt of a request, the Historic Preservation Officer and City Building Official shall meet with the property owner or the property owner's agent with control of the structure to inspect the structure and discuss the resources available for financing any necessary repairs. After the meeting, the Historic Preservation Officer shall prepare a report for the Landmark Commission on the condition of the structure, the repairs needed to maintain and stabilize the structure, any resources available for financing the repairs, and the amount of time needed to complete the repairs. d. Certification and notice After review of the report in a public meeting, the Landmark Commission may vote to certify the property as a Demolition by Neglect case. If the Landmark Commission certifies the structure as a Demolition by Neglect case, the Landmark Commission shall notify the property owner or the property owner's agent with control over the structure of the repairs that must be made. The notice must require that repairs be started within thirty (30) days and set a deadline for completion of the repairs. The notice shall be sent by certified mail. ORDINANCE NO. 3110 Page 28 e. Second meeting with the property owner The Historic Preservation Officer and the City Building Official shall meet with the property owner or the property owner's agent with control over the structure at least within sixty (60) days after the notice was sent to inspect any repairs. f. Referral for enforcement If the property owner or the property owner's agent with control over the structure fails to start repairs by the deadline set in the notice, fails to make continuous progress toward completion, or fails to complete repairs by the deadline set in the notice, the Landmark Commission may refer the Demolition by Neglect case to the City's Code Enforcement Division for appropriate enforcement action to prevent Demolition by Neglect. I. Demolition by Condemnation Reasonable attempts to engage a property owner in a Demolition by Neglect procedure shall be made when there is concern for the deterioration of a structure, but when a structure or equipment is found by the City Building Official to be a dangerous structure, the provisions of the City of College Station Code of Ordinances regulating dangerous structures will apply. Historic Preservation Fund 1. The City of College Station, in cooperation with community organizations, shall develop appropriate funding structures and shall administer the historic preservation fund. 2. The historic preservation fund is composed of the following funds: a. Outside funding (other than City general funds or capital funds), such as grants and donations, made to the City for the purpose of historic preservation and funding partnerships with community organizations. b. Damages recovered pursuant to TEXAs LOCAL GOVERNMENT CODE SECTION 315.006 from persons who illegally demolish or adversely affect historic structures. 3. The outside funding may be used for financing the following activities: a. Necessary repairs in Demolition by Neglect cases; b. Full or partial restoration of low- income residential and nonresidential structures; c. Full or partial restoration of publicly owned historic structures; d. Acquisition of historic structures, places, or areas through gift or purchase; e. Public education of the benefits of historic preservation or the regulations governing Historic Preservation Overlay Districts; and f. Identification and cataloging of structures, places, areas, and districts of historical, cultural, or architectural value along with factual verification of their significance. 4. Damages recovered pursuant to Texas Local Government Code Section 315.006 must be used only for the following purposes: a. Construction, using as many of the original materials as possible, of a structure that is a reasonable facsimile of a demolished historic structure; b. Restoration, using as many of the original materials as possible, of the historic structure; and c. Restoration of another historic structure. ORDINANCE NO. 3110 Page 29 XI. That Chapter 12, "Unified Development Ordinance," Article 5, "District Purpose Statements and Supplemental Standards ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding Section 5. 10, "Historic Preservation Overlay District" to read as follows: 5.10 Historic Preservation Overlay District A. Purpose The Historic Preservation Overlay District is intended to provide for the protection and preservation of places and areas of historical, cultural, and architectural importance and significance. Such action is necessary to promote the economic, cultural, educational, and general welfare of the public. Specifically, this district has the following expressed purposes: 1. To protect and enhance the landmarks and districts which represent distinctive elements of College Station's historic, architectural, and cultural heritage; 2. To foster civic pride in the accomplishments of the past; 3. To protect and enhance College Station's attractiveness to visitors and the support and stimulus to the economy thereby provided; 4. To insure the harmonious, orderly, and efficient growth and development of the City; 5. To promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the City; and 6. To encourage stabilization, restoration, and improvements of such properties and their values. B. Applicability The Historic Preservation Overlay District may be applied to districts, areas, or individual property, regardless of the base zoning district or current use of the property(ies), that: 1. Are at least forty (40) years old; 2. Meet at least two (2) of the criteria listed below; and 3. Possess integrity that is evident through historic qualities including Location, Design, Setting, Materials, Workmanship, Feeling, and Association. C. Criteria for Designation of Historic Preservation Overlay Districts A property or district may be designated if it: 1. Possesses significance in history, architecture, archeology, and culture; 2. Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history; 3. Is associated with events that have made a significant impact in our past; 4. Embodies the distinctive characteristics of a type, period, or method of construction; 5. Represents the work of a master designer, builder, or craftsman; 6. Represents an established and familiar visual feature of the neighborhood or city; or 7. Is eligible for listing on the National Register of Historic Places, Recorded Texas Historic Landmark, or a State Archaeological Landmark, as determined by the Texas Historical Commission. ORDINANCE NO. 3110 Page 30 D. Removal of a Historic Preservation Overlay District Upon recommendation of the Landmark Commission to the Planning and Zoning Commission based upon new and compelling evidence and negative evaluation according to the same criteria and following the same procedures set forth in this UDO for designation, the Planning and Zoning Commission may recommend to the City Council and the City Council may remove an Historic Preservation Overlay District made under this section. ORDINANCE NO. 3110 Page 31 XII. That Chapter 12, "Unified Development Ordinance," Article 10, "Enforcement ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding Section 10.5, "Specific Penalties for Certificates of Appropriateness and Certificates of Demolition" to read as follows: 10.5 Specific Penalties for Certificates of Appropriateness and Certificates of Demolition A. A person is criminally responsible for a violation of Sections 3.9 Certificate of Appropriateness and 3.10 Certificate of Demolition if: 1. The person owns part or all of the property where the violation occurs, 2. The person is the agent of the owner of the property and is in control of the property, or 3. The person commits the violation or assists in the commission of the violation. B. Any person who adversely affects or demolishes a structure on property in a historic overlay district in violation of Sections 3.9 Certificate of Appropriateness and 3.10 Certificate of Demolition Is liable pursuant to TEXAS LOCAL GOVERNMENT CODE SECTION 315.006 for damages to restore or replicate, using as many of the original materials as possible, the structure to its appearance and setting prior to the violation. No Certificates of Appropriateness or building permits will be issued for construction on the site except to restore or replicate the structure. When these restrictions become applicable to a site, the Administrator shall cause to be filed a verified notice in the county deed records and these restrictions shall be binding on future owners of the property. These restrictions are in addition to any fines imposed. C. Prosecution in municipal court for an offense under this Section does not prevent the use of other enforcement remedies or procedures provided by other City ordinances or state of federal laws applicable to the person(s) charged with or the conduct involved in the offense.