SEC. 51A-4.502. INSTITUTIONAL OVERLAY DISTRICT.

(B) an identifiable portion of a planned development or conservation district, which portion is restricted to residential uses not exceeding 36 feet in height. See the sections in this chapter governing planned development and conservation districts for specific guidance as to how to treat identifiable portions of those districts.

(b) Residential proximity slope defined. The residential proximity slope is a plane projected upward and outward from every site of origination as defined in Subsection (a). Specifically, the slope is projected from the line formed by the intersection of:

(1) the vertical plane extending through the boundary line of the site of origination; and

(2) the grade of the restricted building or structure.

(c) Angle and extent of projection. The angle and extent of projection of the residential proximity slope depends on the zoning category of the site of origination as follows:

ZONING CATEGORY	ANGLE OF PROJECTION	EXTENT
R, R(A), D, D(A), TH, and TH(A)	18.4° (1 to 3 slope)	Infinite.
CH, MF-1, MF-1(A), MF-2, and MF-2(A)	45° (1 to 1 slope)	Terminates at a horizontal distance of 50 feet from the site of origination.

(d) Calculation of height restrictions. The horizontal distances used to calculate the height restrictions imposed by the residential proximity slope may be determined by using the lot, block, and right-of-way dimensions as shown on the official plat or zoning maps of the city, or by scale measurement of the distances on such official maps. All dimensions and methodology used in determining the distance measurement are subject to the approval of the building official.

(e) Exemption. Certain structures are exempt from the residential proximity slope. See Section 51A-4.408. (Ord. Nos. 19455; 19786; 20308; 21663; 26578)

Division 51A-4.500. Overlay and Conservation District Regulations.

SEC. 51A-4.501. HISTORIC OVERLAY DISTRICT.

(a) Purpose. The purpose of this section is to promote the public health, safety and general welfare, and:

(1) to protect, enhance and perpetuate places and areas which represent distinctive and important elements of the city’s historical, cultural, social, economic, archeological, paleontological, ethnic, political and architectural history;

(2) to strengthen the economy of the city;

(3) to increase public knowledge and appreciation of the city’s historic past and unique sense of place;

(4) to foster civic and neighborhood pride and a sense of identity;

(5) to promote the enjoyment and use of historic resources by the people of the city;

(6) to preserve diverse architectural styles, patterns of development, and design preferences reflecting phases of the city’s history;

(7) to create a more livable urban environment;

(8) to enhance property values;

(9) to provide financial incentives for preservation;

(10) to protect and enhance the city’s attraction to tourists and visitors;

(11) to resolve conflicts between the preservation of historic resources and alternative land uses;

(12) to integrate historic preservation into public and private land use planning;

(13) to conserve valuable resources through use of the existing building environment;

(14) to stabilize neighborhoods;

(15) to increase public awareness of the benefits of historic preservation;

(16) to maintain a harmony between new and historic structures so that they will be compatible in scale, form, color, proportion, texture and material; and

(17) to encourage public participation in identifying and preserving historic resources.

(b) Establishment of historic overlay districts. A historic overlay district may be established to preserve places and areas of historical, cultural, or architectural importance and significance if the place or area has three or more of the following characteristics:

(1) History, heritage and culture: Represents the historical development, ethnic heritage or cultural characteristics of the city, state, or country.

(2) Historic event: Location as or association with the site of a significant historic event.

(3) Significant persons: Identification with a person or persons who significantly contributed to the culture and development of the city, state, or country.

(4) Architecture: Embodiment of distinguishing characteristics of an architectural style, landscape design, method of construction, exceptional craftsmanship, architectural innovation, or contains details which represent folk or ethnic art.

(5) Architect or master builder: Represents the work of an architect, designer or master builder whose individual work has influenced the development of the city, state, or country.

(6) Historic context: Relationship to other distinctive buildings, sites, or areas which are eligible for preservation based on historic, cultural, or architectural characteristics.

(7) Unique visual feature: Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the city that is a source of pride or cultural significance.

(8) Archaeological: Archaeological or paleontological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest.

(9) National and state recognition: Eligible for or designated as a National Historic Landmark, Recorded Texas Historic Landmark, State Archeological Landmark, American Civil Engineering Landmark, or eligible for inclusion in the National Register of Historic Places.

(10) Historic education: Represents an era of architectural, social, or economic history that allows an understanding of how the place or area was used by past generations.

(1) Purpose. Temporary preservation of the status quo upon initiation of the historic designation procedure is necessary to allow time to evaluate each proposed historic overlay district, to consider appropriate preservation criteria, and to prevent circumvention of the purposes of this section. Relief from the predesignation moratorium may be obtained by applying for a predesignation certificate of appropriateness or certificate for demolition or removal.

(2) Initiation of historic designation procedure.

(A) The procedure for adopting an ordinance to establish or amend a historic overlay district may be initiated by five members of the city council, three members of the city plan commission, one member of the landmark commission for an individual property and three members of the landmark commission for an expansion of an existing district or creation of a new district, or by the owner(s) of the property.

(i) Statement of intent for historic designation. The five city council members, three city plan commissioners, or one landmark commissioner if it is an individual property, or three landmark commissioners if it is an expansion of an existing district or creation of a new district, must prepare and present a statement of intent for historic designation at the public hearing to initiate the historic designation procedure. The purpose of the statement of intent for historic designation is to provide justification of the action under consideration. The statement of intent must be provided to the property owner(s) at the time the agenda for the meeting is posted. The statement of intent of historic designation must contain the following:

(aa) List of characteristics on which the initiation is based;

(bb) A brief description of the historical significance of the potential building, site, district or expansion;

(cc) Purpose of the proposed designation; and

(dd) For district expansions, a statement including the history and timeline of the existing district designation process and information on why the expansion area was not originally included with the initial district designation, if available.

(ii) Procedure for individual properties. The procedure to designate an individual property requires a minimum of one public hearing of the initiating body. The purpose of the hearing is to determine whether sufficient information is presented to initiate the historic designation procedure.

(iii) Procedures for expansions and new districts.

(aa) The procedure to expand an existing district or create a new district involves a minimum of two public hearings and a community meeting. The purpose of the first public hearing is to determine whether enough information is presented to consider a historic designation. This first public hearing does not initiate the historic designation procedure. If the city council, the city plan commission, or the landmark commission determines that sufficient information has been presented in the statement of intent for historic designation for consideration, the department shall conduct a community meeting. The purpose of the community meeting is for the proposing commissioners or city council members to present the statement of intent for historic designation to the property owners, neighbors, and interested parties to the proposed initiation, and to provide an opportunity for public comment. The meeting must be held at a facility open to the public within the neighborhood of the proposed historic district. The information presented must include the following:

(I) Statement of intent for historic designation;

(II) List of potential impacts of historic preservation;

(III) List of neighborhood planning concerns and goals; and

(IV) Any other information that may be relevant.

(bb) Prior to the second public hearing to initiate the historic designation procedure, the proposing commissioners or city council members must revise the statement of the intent for historic designation. The revised statement of intent must include the following, as applicable:

(I) original statement of intent;

(II) transcription of the community meeting;

(III) benefits and incentives of preservation;

(IV) additional neighborhood planning goals;

(V) concepts for additional development incentives paired with historic preservation;

(VI) summary of concerns; and

(VII) summary of economic incentives available to the property owners such as city of Dallas historic tax exemption, tax increment financial districts, and federal or state opportunities.

(VIII) statement reflecting the property owner(s) position, if available.

The purpose of the second public hearing is to review the revised statement of intent and determine whether sufficient information is presented to initiate the historic designation procedure.

(B) The director shall provide property owners with notice of a public hearing to initiate the historic designation procedure, a statement that describes the impact that a historic designation of the owner's property may have on the owner and the owner's property, and information about the process at least 15 days before the date set for the initial hearing using the procedure outlined in Section 51A-4.701(a)(1). The historic designation impact statement must include the following:

(i) regulations that may be applied to any structure on the property after the designation;

(ii) procedures for the designation;

(iii) tax benefits that may be applied to the property after the designation; and

(iv) rehabilitation or repair programs that the city offers for a property designated as historic.

(C) No permits to alter or demolish the property may be issued after provision of this notice until action is taken at that initial hearing by the city council, city plan commission, or landmark commission.

(D) The historic designation procedure is considered to be initiated immediately when the city council, the city plan commission, or the landmark commission votes to initiate it or, in the case of initiation by the property owner(s), when the zoning change application is filed with the director.

(3) Appeal. If the historic designation procedure is initiated by the landmark commission or the city plan commission, the property owner may appeal the initiation to the city council by filing a written notice with the director within 15 days after the action of the landmark commission or city plan commission. The written notice must include why the property owner thinks the criteria used to justify the initiation does not apply. Within 90 days after the filing of the appeal or 180 days after filing the appeal, if a 90 day extension is requested by the property owner within 45 days of filing the initial written notice of appeal with the director, the director and the chair of the landmark commission shall present the statement of intent for historic designation if it is an individual property, or the revised statement of intent for historic designation if it is an expansion or new district to the city council. After submission of the statement of intent for historic designation if it is an individual property, or revised statement of intent for historic designation if it is an expansion or new district, the city council shall hold a public hearing on the appeal. The sole issue on appeal is whether the landmark commission or city plan commission erred in evaluating the significance of the property based on the characteristics listed in Section 51A-4.501(b). Appeal to the city council constitutes the final administrative remedy.

(4) Enforcement. Upon initiation of the historic designation procedure, the historic preservation officer shall immediately notify the building official. The building official shall not accept any application for a permit to alter, demolish, or remove the structure or site subject to the predesignation moratorium, unless a predesignation certificate of appropriateness or certificate for demolition or removal has been issued.

(5) 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. This report must include a statement on each of the following to the extent that they apply:

(A) A listing of the architectural, archaeological, paleontological, cultural, economic, social, ethnic, political, or historical characteristics upon which the nomination is based;

(B) A description of the historical, cultural, and architectural significance of the structures and site;

(C) A description of the boundaries of the proposed historic overlay district, including subareas and areas where new construction will be prohibited; and

(D) Proposed preservation criteria for the proposed historic overlay district.

(6) Designation procedure. For purposes of Section 51A-4.701, "Zoning Amendments," once the designation report has been voted on by the landmark commission, the designation shall be treated as a city plan commission authorized public hearing and may not be appealed to city council if the city plan commission recommends denial. The notice of authorization in Section 51A-4.701(a)(1) is not required.

(7) Historic designation. The city may not designate a property a historic district unless:

(A) the owner of the property consents to the designation; or

(B) the designation is approved by a three-fourths vote of:

(i) the landmark commission;

(ii) the city plan commission; and

(iii) the city council.

(C) The owner of the property may withdraw consent at any time during the designation process by filing a written notice with the director.

(D) If the property is owned by an organization that qualifies as a religious organization under Section 11.20 of the Texas Tax Code, the city may designate the property as a historic district only if the organization consents to the designation.

(8) Computation of time.

(A) Unless otherwise provided in this paragraph, computing any period of time prescribed in this subsection shall be in accordance with Section 1-5 of the Dallas City Code.

(B) If the last day of any period is a Saturday, Sunday, or official holiday observed by the city, the period is extended to include the next day that is not a Saturday, Sunday, or official holiday observed by the city.

(9) Termination of the predesignation moratorium. The predesignation moratorium ends on the earliest of the following dates:

(A) The day after the city council, city plan commission, or landmark commission that voted to initiate the historic designation procedure, votes to terminate the historic designation procedure.

(B) The day after the city council, in an appeal from an initiation by the city plan commission or landmark commission, votes to terminate the historic designation procedure.

(D) If the proposed historic overlay district zoning change is approved, the effective date of the ordinance establishing the historic overlay district.

(E) If the proposed historic overlay district zoning change is denied, the day after either the city council makes its final decision denying the change or the expiration of the time period for appeal to the city council from a city plan commission recommendation of denial.

(F) Two years after the date the historic designation procedure was initiated, regardless of who initiated the procedure.

(d) Predesignation certificate of appropriate-ness.

(1) When required. A person shall not alter a site, or alter, place, construct, maintain, or expand any structure on the site during the predesignation moratorium without first obtaining a predesignation certificate of appropriateness in accordance with this subsection.

(2) Penalty. A person who violates this subsection is guilty of a separate offense for each day or portion of a day during which the violation is continued, from the first day the unlawful act was committed until either a predesignation certificate of appropriateness is obtained or the property is restored to the condition it was in immediately prior to the violation.

(3) Application. An application for a predesignation certificate of appropriateness must be submitted to the director. The application must include complete documentation of the proposed work. Within 10 days after submission of an application, the director shall notify the applicant in writing of any additional documentation required. No application shall be deemed to be filed until it is made on forms promulgated by the director and contains all required supporting plans, designs, photographs, reports, and other exhibits required by the director. The applicant may consult with the department before and after the submission of an application.

(4) Predesignation certificate of appropriateness review procedure. Upon receipt of an application for a predesignation certificate of appropriateness, the director shall determine whether the structure is contributing or noncontributing. Within 40 days after a complete application is filed for a noncontributing structure, the landmark commission shall hold a public hearing and shall approve, deny with prejudice, or deny without prejudice the application and forward its decision to the director. Within 65 days after a complete application is filed for a contributing structure, the landmark commission shall hold a public hearing and shall approve, deny with prejudice, or deny without prejudice the application and forward its decision to the director. The landmark commission may impose conditions on the predesignation certificate of appropriateness. The applicant has the burden of proof to establish the necessary facts to warrant favorable action. The director shall immediately notify the applicant of the landmark commission’s action. The landmark commission’s decision must be in writing and, if the decision is to deny the predesignation certificate of appropriateness, with or without prejudice, the writing must state the reasons why the predesignation certificate of appropriateness is denied.

(5) Standard for approval. The landmark commission must approve the application if it determines that:

(A) for contributing structures, the application will not adversely affect the character of the site or a structure on the site; and the proposed work is consistent with the regulations contained in this section and the proposed preservation criteria; or

(B) for noncontributing structures, the proposed work is compatible with the historic overlay district.

(6) Issuance. If a predesignation certificate of appropriateness has been approved by the landmark commission or if final action has not been taken by the landmark commission within 40 days (for a noncontributing structure) or 65 days (for a contributing structure) after a complete application is filed:

(A) the director shall issue the predesignation certificate of appropriateness to the applicant; and

(B) if all requirements of the development and building codes are met and a building permit is required for the proposed work, the building official shall issue a building permit to the applicant for the proposed work.

(7) Appeal. If a predesignation certificate of appropriateness is denied, the chair of the landmark commission shall verbally inform the applicant of the right to appeal to the city plan commission. If the applicant is not present at the hearing, the director shall inform the applicant of the right to appeal in writing within 10 days after the hearing. The applicant may appeal the denial to the city plan commission by filing a written notice with the director within 30 days after the date of the decision of the landmark commission. The director shall forward to the city plan commission a complete record of the matter being appealed, including a transcript of the tape of the hearing before the landmark commission. In considering an appeal, the city plan commission shall review the landmark commission record and hear and consider arguments from the appellant and the representative for the landmark commission. The city plan commission may only hear new testimony or consider new evidence that was not presented at the time of the hearing before the landmark commission to determine whether that testimony or evidence was available at the landmark commission hearing. If the city plan commission determines that new testimony or evidence exists that was not available at the landmark commission hearing, the city plan commission shall remand the case back to the landmark commission in accordance with Subsection (o). In reviewing the landmark commission decision the city plan commission shall use the substantial evidence standard in Subsection (o). The city plan commission may reverse or affirm, in whole or in part, modify the decision of the landmark commission, or remand any case back to the landmark commission for further proceedings. Appeal to the city plan commission constitutes the final administrative remedy.

(8) Reapplication. If a final decision is reached denying a predesignation certificate of appropriateness, no further applications may be considered for the subject matter of the denied predesignation certificate of appropriateness unless the predesignation certificate of appropriateness has been denied without prejudice or the landmark commission finds that there are changed circumstances sufficient to warrant a new hearing. A simple majority vote by the landmark commission is required to grant the request for a new hearing.

(9) Suspension of work. After the work authorized by the predesignation certificate of appropriateness is commenced, the applicant must make continuous progress toward completion of the work, and the applicant shall not suspend or abandon the work for a period in excess of 180 days. The director may, in writing, authorize a suspension of the work for a period greater than 180 days upon written request by the applicant showing circumstances beyond the control of the applicant.

(10) Revocation. The director may, in writing, revoke a predesignation certificate of appropriateness if:

(A) the predesignation certificate of appropriateness was issued on the basis of incorrect information supplied;

(B) the predesignation certificate of appropriateness was issued in violation of the regulations contained in this section, the proposed preservation criteria, or the development code or building codes; or

(C) the work is not performed in accordance with the predesignation certificate of appropriateness, the development code, or building codes.

(11) Amendments to a predesignation certificate of appropriateness. A predesignation certificate of appropriateness may be amended by submitting an application for amendment to the director. The application shall then be subject to the standard predesignation certificate of appropriateness review procedure.

(12) Effect of approval of the historic overlay district. A predesignation certificate of appropriateness will be treated as a certificate of appropriateness after the effective date of the ordinance implementing the historic overlay district.

(e) Additional uses and regulations.

(1) A historic overlay district is a zoning overlay which supplements the primary underlying zoning district classification. A historic overlay district is subject to the regulations of the underlying zoning district, except the ordinance establishing the historic overlay district may permit additional uses and provide additional regulations for the historic overlay district.

(2) If there is a conflict, the regulations contained in the historic overlay district ordinance control over the regulations of the underlying zoning district. If there is a conflict, the regulations contained in the historic overlay district ordinance control over the regulations of this section.

(3) The historic overlay district ordinance may include preservation criteria for the interior of historic structures if the interior is customarily open and accessible to the public and the interior has extraordinary architectural, archaeological, cultural, economic, social, ethnic, political or historical value. Unless there are specific provisions for the interior, the preservation criteria in the historic overlay district ordinance and the Secretary of the Interior’s Standards for the Rehabilitation of Historic Properties apply only to the exterior of structures within a historic overlay district.

(4) The landmark commission shall consider the Secretary of the Interior’s Standards for the Rehabilitation of Historic Properties (“the Standards”), as amended, when reviewing applications for predesignation and standard certificates of appropriateness. Rehabilitation is defined as the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. The Standards are common sense principles in non-technical language developed to help promote consistent rehabilitation practices. It should be understood that the Standards are a series of concepts about maintaining, repairing, and replacing historic materials, as well as designing new additions or making alterations; as such, they cannot, in and of themselves, be used to make essential decisions about which features of a historic property should be saved and which might be changed. The director shall make the current Standards available for public inspection at all times. For informational purposes, the Standards published at Section 68.3 of Title 36 of the Code of Federal Regulations (current through January 1, 2001) are set forth below:

(A) A property will be used as it was historically or be given a new use that requires minimal changes to its distinctive materials, features, spaces and spatial relationships.

(B) The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.

(C) Each property will 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 elements from other historic properties, will not be undertaken.

(D) Changes to a property that have acquired historic significance in their own right will be retained and preserved.

(E) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.

(F) Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.

(G) Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

(H) Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

(I) New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

(J) New additions and adjacent or related new construction will 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.

(f) Notice of designation.

(1) Upon passage of a historic overlay district ordinance, the director shall send a notice to the owner or owners of property within the historic overlay district stating the effect of the designation, the regulations governing the historic overlay district, and the historic preservation incentives that may be available.

(2) Upon passage of a historic overlay district ordinance, the director shall file a copy of the ordinance in the county deed records to give notice of the historic regulations. Pursuant to Texas Local Government Code Section 315.006, the director shall also file in the county deed records a verified written instrument listing each historic structure or property by the street address, if available, the legal description of the real property, and the name of the owner, if available.

(3) The director may erect suitable plaques appropriately identifying each historic overlay district.

(g) Certificate of appropriateness.

(1) When required. A person shall not alter a site within a historic overlay district, or alter, place, construct, maintain, or expand any structure on the site without first obtaining a certificate of appropriateness in accordance with this subsection and the regulations and preservation criteria contained and in the historic overlay district ordinance.

(2) Penalty. A person who violates this subsection is guilty of a separate offense for each day or portion of a day during which the violation is continued, from the first day the unlawful act was committed until either a certificate of appropriateness is obtained or the property is restored to the condition it was in immediately prior to the violation.

(3) Application. An application for a certificate of appropriateness must be submitted to the director. The application must include complete documentation of the proposed work. Within 10 days after submission of an application, the director shall notify the applicant in writing of any additional documentation required. No application shall be deemed to be filed until it is made on forms promulgated by the director and contains all required supporting plans, designs, photographs, reports, and other exhibits required by the director. The applicant may consult with the department before and after the submission of an application.

(4) Director’s determination of procedure. Upon receipt of an application for a certificate of appropriateness, the director shall determine whether the application is to be reviewed under the routine work review procedure or the standard certificate of appropriateness review procedure.

(5) Routine maintenance work review procedure.

(A) If the director determines that the applicant is seeking a certificate of appropriateness to authorize only routine maintenance work, he may review the application to determine whether the proposed work complies with the regulations contained in this section and the preservation criteria contained in the historic overlay district ordinance and approve or deny the application within 20 days after a complete application is filed. The applicant must supply complete documentation of the work. Upon request, staff will forward copies of applications to the task force. The director may forward any application to the landmark commission for review.

(B) Routine maintenance work includes:

(i) the installation of a chimney located on an accessory building, or on the rear 50 percent of a main building and not part of the corner side facade;

(ii) the installation of an awning located on an accessory building, or on the rear facade of a main building;

(iii) the replacement of a roof of the same or an original material that does not include a change in color;

(iv) the installation of a wood or chain link fence that is not painted or stained;

(v) the installation of gutters and downspouts of a color that matches or complements the dominant trim or roof color;

(vi) the installation of skylights and solar panels;

(vii) the installation of storm windows and doors;

(viii) the installation of window and door screens;

(ix) the application of paint that is the same as the existing or that is an appropriate dominant, trim, or accent color;

(x) the restoration of original architectural elements;

(xi) minor repair using the same material and design as the original;

(xii) repair of sidewalks and driveways using the same type and color of materials;

(xiii) the process of cleaning (including but not limited to low-pressure water blasting and stripping), but excluding sandblasting and high-pressure water blasting; and

(xiv) painting, replacing, duplicating, or stabilizing deteriorated or damaged architectural features (including but not limited to roofing, windows, columns, and siding) in order to maintain the structure and to slow deterioration.

(C) The applicant may appeal the director’s decision by submitting to the director a written request for appeal within 10 days of the decision. The written request for appeal starts the standard certificate of appropriateness review procedure by the landmark commission.

(6) Standard certificate of appropriate-ness review procedure.

(A) If the director determines that the applicant is seeking a certificate of appropriateness to authorize work that is not routine maintenance work, or if the director’s decision concerning a certificate of appropriateness to authorize only routine maintenance work is appealed, the director shall immediately forward the application to the landmark commission for review.

(B) Upon receipt of an application for a certificate of appropriateness, the director shall determine whether the structure is contributing or noncontributing. Within 40 days after a complete application is filed for a noncontributing structure, the landmark commission shall hold a public hearing and shall approve, deny with prejudice, or deny without prejudice the application and forward its decision to the director. Within 65 days after a complete application is filed for a contributing structure, the landmark commission shall hold a public hearing and shall approve, deny with prejudice, or deny without prejudice the certificate of appropriateness and forward its decision to the director. The landmark commission may approve a certificate of appropriateness for work that does not strictly comply with the preservation criteria upon a finding that the proposed work is historically accurate and is consistent with the spirit and intent of the preservation criteria and that the proposed work will not adversely affect the historic character of the property or the integrity of the historic overlay district. The landmark commission may impose conditions on the certificate of appropriateness. The applicant has the burden of proof to establish the necessary facts to warrant favorable action. The director shall immediately notify the applicant of the landmark commission’s action. The landmark commission’s decision must be in writing and, if the decision is to deny the certificate of appropriateness, with or without prejudice, the writing must state the reasons why the certificate of appropriateness is denied.

(i) for contributing structures:

(aa) the proposed work is consistent with the regulations contained in this section and the preservation criteria contained in the historic overlay district ordinance;

(bb) the proposed work will not have an adverse effect on the architectural features of the structure;

(cc) the proposed work will not have an adverse effect on the historic overlay district; and

(dd) the proposed work will not have an adverse effect on the future preservation, maintenance and use of the structure or the historic overlay district.

(ii) for noncontributing structures, the proposed work is compatible with the historic overlay district.

(D) Issuance. If a certificate of appropriateness has been approved by the landmark commission or if final action has not been taken by the landmark commission within 40 days (for a noncontributing structure) or 65 days (for a contributing structure) after a complete application is filed:

(i) the director shall issue the certificate of appropriateness to the applicant; and

(ii) if all requirements of the development and building codes are met and a building permit is required for the proposed work, the building official shall issue a building permit to the applicant for the proposed work.

(E) Appeal. If a certificate of appropriateness is denied, the chair of the landmark commission shall verbally inform the applicant of the right to appeal to the city plan commission. If the applicant is not present at the hearing, the director shall inform the applicant of the right to appeal in writing within 10 days after the hearing. The applicant may appeal the denial to the city plan commission by filing a written notice with the director within 30 days after the date of the decision of the landmark commission. The director shall forward to the city plan commission a complete record of the matter being appealed, including a transcript of the tape of the hearing before the landmark commission. In considering an appeal, the city plan commission shall review the landmark commission record and hear and consider arguments from the appellant and the representative for the landmark commission. The city plan commission may only hear new testimony or consider new evidence that was not presented at the time of the hearing before the landmark commission to determine whether that testimony or evidence was available at the landmark commission hearing. If the city plan commission determines that new testimony or evidence exists that was not available at the landmark commission hearing, the city plan commission shall remand the case back to the landmark commission in accordance with Subsection (o). In reviewing the landmark commission decision the city plan commission shall use the substantial evidence standard in Subsection (o). The city plan commission may reverse or affirm, in whole or in part, modify the decision of the landmark commission, or remand any case back to the landmark commission for further proceedings. Appeal to the city plan commission constitutes the final administrative remedy.

(F) 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 year from the date of the final decision unless:

(i) the certificate of appropriateness has been denied without prejudice; or

(ii) the landmark commission waives the time limitation because the landmark commission finds that there are changed circumstances sufficient to warrant a new hearing. A simple majority vote by the landmark commission is required to grant the request for waiver of the time limitation.

(G) Suspension of work. After the work authorized by the certificate of appropriateness is commenced, the applicant must make continuous progress toward completion of the work, and the applicant shall not suspend or abandon the work for a period in excess of 180 days. The director may, in writing, authorize a suspension of the work for a period greater than 180 days upon written request by the applicant showing circumstances beyond the control of the applicant.

(H) Revocation. The director may, in writing, revoke a certificate of appropriateness if:

(i) the certificate of appropriateness was issued on the basis of incorrect information supplied;

(ii) the certificate of appropriateness was issued in violation of the regulations contained in this section, the preservation criteria contained in the historic overlay district ordinance, the development code, or building codes; or

(iii) the work is not performed in accordance with the certificate of appropriateness, the development code, or building codes.

(I) Amendments to a certificate of appropriateness. A certificate of appropriateness may be amended by submitting an application for amendment to the director. The application shall then be subject to the standard certificate of appropriateness review procedure.

(8) Emergency procedure. If a structure on a property subject to the predesignation moratorium or a structure in a historic overlay district is damaged and the building official determines that the structure is a public safety hazard or will suffer additional damage without immediate repair, the building official may allow the property owner to temporarily protect the structure. In such a case, the property owner shall apply for a predesignation certificate of appropriateness, certificate of appropriateness, or certificate for demolition or removal within 10 days of the occurrence which caused the damage. The protection authorized under this subsection must not permanently alter the architectural features of the structure.

(h) Certificate for demolition or removal.

(1) Findings and purpose. Demolition or removal of a historic structure constitutes an irreplaceable loss to the quality and character of the city. Therefore, demolition or removal of historic structures should be allowed only for the reasons described in this subsection.

(2) Application. A property owner seeking demolition or removal of a structure on a property subject to the predesignation moratorium or a structure in a historic overlay district must submit a complete application for a certificate for demolition or removal to the landmark commission. Within 10 days after submission of an application, the director shall notify the applicant in writing of any additional documentation required. The application must be accompanied by the following documentation before it will be considered complete:

(A) An affidavit in which the owner swears or affirms that all information submitted in the application is true and correct.

(B) An indication that the demolition or removal is sought for one or more of the following reasons:

(i) To replace the structure with a new structure that is more appropriate and compatible with the historic overlay district.

(ii) No economically viable use of the property exists.

(iii) The structure poses an imminent threat to public health or safety.

(iv) The structure is non-contributing to the historic overlay district because it is newer than the period of historic significance.

(C) For an application to replace the structure with a new structure that is more appropriate and compatible with the historic overlay district:

(i) Records depicting the original construction of the structure, including drawings, pictures, or written descriptions.

(ii) Records depicting the current condition of the structure, including drawings, pictures, or written descriptions.

(iii) Any conditions proposed to be placed voluntarily on the new structure that would mitigate the loss of the structure.

(iv) Complete architectural drawings of the new structure.

(v) 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 agreement must:

(aa) contain a covenant to construct the proposed structure by a specific date in accordance with architectural drawings approved by the city through the predesignation certificate of appropriateness process or the certificate of appropriateness process;

(bb) 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 director to ensure construction of the new structure; and

(cc) be approved as to form by the city attorney.

(D) For an application of no economically viable use of the property:

(i) The past and current uses of the structure and property.

(ii) The name of the owner.

(iii) If the owner is a legal entity, the type of entity and states in which it is registered.

(iv) 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.

(v) 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.)

(vi) The assessed value of the structure and property according to the two most recent tax assessments.

(vii) The amount of real estate taxes on the structure and property for the previous two years.

(viii) The current fair market value of the structure and property as determined by an independent licensed appraiser.

(ix) All appraisals obtained by the owner and prospective purchasers within the previous two years in connection with the potential or actual purchase, financing, or ownership of the structure and property.

(x) All listings of the structure and property for sale or rent within the previous two years, prices asked, and offers received.

(xi) A profit and loss statement for the property and structure containing the annual gross income for the previous two years; itemized expenses (including operating and maintenance costs) for the previous two years, including proof that adequate and competent management procedures were followed; the annual cash flow for the previous two years; and proof that the owner has made reasonable efforts to obtain a reasonable rate of return on the owner’s investment and labor.

(xii) A mortgage history of the property during the previous five years, including the principal balances and interest rates on the mortgages and the annual debt services on the structure and property.

(xiii) All capital expenditures during the current ownership.

(xiv) Records depicting the current conditions of the structure and property, including drawings, pictures, or written descriptions.

(xv) 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 year period, taking into consideration redevelopment options and all incentives available) of adaptive use of restoration of the structure and property.

(xvi) Any consideration given by the owner to profitable adaptive uses for the structure and property.

(xvii) Construction plans for any proposed development or adaptive reuse, including site plans, floor plans, and elevations.

(xviii) Any conditions proposed to be placed voluntarily on new development that would mitigate the loss of the structure.

(xix) 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.

(E) For an application to demolish or remove a structure that poses an imminent threat to public health or safety:

(i) Records depicting the current condition of the structure, including drawings, pictures, or written descriptions.

(ii) A study regarding the nature, imminence, and severity of the threat, as performed by a licensed architect or engineer.

(iii) 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.

(F) For an application to demolish or remove a structure that is noncontributing to the historic overlay district because the structure is newer than the period of historic significance:

(i) Documentation that the structure is noncontributing to the historic overlay district.

(ii) Documentation of the age of the structure.

(iii) A statement of the purpose of the demolition.

(G) Any other evidence the property owner wishes to submit in support of the application.

(H) Any other evidence requested by the landmark commission or the historic preservation officer.

(3) Certificate of demolition or removal review procedure.

(A) Economic review panel. For an application of no economically viable use of the property, the landmark commission shall cause to be established an ad hoc three-person economic review panel. The economic review panel must be comprised of three independent experts knowledgeable in the economics of real estate, renovation, and 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 30 days after submission of the documentation supporting the application, the third appointee will be selected by the director within 5 days. Within 35 days after submission of the documentation supporting the application, all appointments to the economic review panel shall be made. Within 35 days after appointment, 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 must be based on the same standard for approval to be used by the landmark commission. An application of no economically viable use 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.

(B) Within 65 days after submission of a complete application, the landmark commission shall hold a public hearing and shall approve or deny the application. If the landmark commission does not make a final decision within that time, the building official shall issue a permit to allow the requested demolition or removal. 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.

(4) Standard for approval. The landmark commission shall deny the application unless it makes the following findings:

(A) The landmark commission must deny an application to replace a structure with a new structure unless it finds that:

(i) the new structure is more appropriate and compatible with the historic overlay district than the structure to be demolished or removed; and

(ii) the owner has the financial ability and intent to build the new structure. The landmark commission must first approve the predesignation certificate of appropriateness or certificate of appropriateness for the proposed new structure and the guarantee agreement to construct the new structure before it may consider the application to demolish or remove.

(B) The landmark commission must deny an application of no economically viable use of the property unless it finds that:

(i) 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);

(ii) 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

(iii) the owner has failed during the last two 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.

(C) The landmark commission must deny an application to demolish or remove a structure that poses an imminent threat to public health or safety unless it finds that:

(i) the structure constitutes a documented major and imminent threat to public health and safety;

(ii) the demolition or removal is required to alleviate the threat to public health and safety; and

(iii) there is no reasonable way, other than demolition or removal, to eliminate the threat in a timely manner.

(D) The landmark commission must deny an application to demolish or remove a structure that is noncontributing to the historic overlay district because it is newer than the period of historic significance unless it finds that:

(i) the structure is non-contributing to the historic overlay district;

(ii) the structure is newer than the period of historic significance for the historic overlay district; and

(iii) demolition of the structure will not adversely affect the historic character of the property or the integrity of the historic overlay district.

(5) Appeal. The chair of the landmark commission shall give verbal notice of the right to appeal at the time a decision on the application is made. If the applicant is not present at the hearing, the director shall inform the applicant of the right to appeal in writing within 10 days after the hearing. Any interested person may appeal the decision of the landmark commission to the city plan commission by filing a written notice with the director within 30 days after the date of the decision of the landmark commission. If no appeal is made of a decision to approve the certificate for demolition or removal within the 30-day period, the building official shall issue the permit to allow demolition or removal. If an appeal is filed, the city plan commission shall hear and decide the appeal within 65 days after the date of its filing. The director shall forward to the city plan commission a complete record of the matter being appealed, including a transcript of the tape of the hearing before the landmark commission. In considering an appeal, the city plan commission shall review the landmark commission record and hear and consider arguments from the appellant and the representative for the landmark commission. The city plan commission may only hear new testimony or consider new evidence that was not presented at the time of the hearing before the landmark commission to determine whether that testimony or evidence was available at the landmark commission hearing. If the city plan commission determines that new testimony or evidence exists that was not available at the landmark commission hearing, the city plan commission shall remand the case back to the landmark commission in accordance with Subsection (o). In reviewing the landmark commission decision the city plan commission shall use the substantial evidence standard in Subsection (o). The city plan commission may reverse or affirm, in whole or in part, modify the decision of the landmark commission, or remand any case back to the landmark commission for further proceedings. Appeal to the city plan commission constitutes the final administrative remedy.

(6) Reapplication. If a final decision is reached denying a certificate for demolition or removal, no further applications may be considered for the subject matter of the denied certificate for demolition or removal for one year from the date of the final decision unless:

(A) the certificate for demolition or removal has been denied without prejudice; or

(B) the landmark commission waives the time limitation because the landmark commission finds that there are changed circumstances sufficient to warrant a new hearing. A simple majority vote by the landmark commission is required to grant the request for waiver of the time limitation.

(7) Expiration. A certificate for demolition or removal expires if the work authorized by the certificate for demolition or removal is not commenced within 180 days from the date of the certificate for demolition or removal. The director may extend the time for commencement of work upon written request by the applicant showing circumstances beyond the control of the applicant. If the certificate for demolition or removal expires, a new certificate for demolition or removal must first be obtained before the work can be commenced.

(i) Reserved.

(j) Summary abatement by fire marshal. If the fire marshal finds that conditions on a structure subject to a predesignation moratorium or in a historic overlay district are hazardous to life or property and present a clear and present danger, the fire marshal may summarily abate those conditions without a predesignation certificate of appropriateness, certificate of appropriateness, or certificate for demolition.

(k) Demolition by neglect.

(1) Definition. Demolition by neglect is neglect in the maintenance of any structure on property subject to the predesignation moratorium or in a historic overlay district that results in deterioration of the structure and threatens the preservation of the structure.

(2) Demolition by neglect prohibited. No person shall allow a structure to deteriorate through demolition by neglect. All structures on properties subject to the predesignation moratorium and in historic overlay districts must be preserved against deterioration and kept free from structural defects. The property owner or the property owner’s agent with control over the structure, in keeping with the city’s minimum housing standards and building codes, must repair the structure if it is found to have any of the following defects:

(A) Parts which are improperly or inadequately attached so that they may fall and injure persons or property.

(B) A deteriorated or inadequate foundation.

(D) Walls, partitions, or other vertical supports that split, lean, list, or buckle due to defect or deterioration, or are insufficient to carry the loads imposed.

(E) Ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split, or buckle due to defect or deterioration, or are insufficient to support the loads imposed.

(F) Fireplaces and chimneys which list, bulge, or settle due to defect or deterioration, or are of insufficient size or strength to carry the loads imposed.

(G) Deteriorated, crumbling, or loose exterior stucco or mortar.

(H) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken or open windows and doors.

(I) Defective or lack of weather protection for exterior wall coverings, including lack of paint or other protective covering.

(J) Any fault, defect, or condition in the structure which renders it structurally unsafe or not properly watertight.

(K) Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety.

(L) Deterioration or removal of any unique architectural feature which would detract from the original architectural style.

(3) Demolition by neglect 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 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, 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 30 days and set a deadline for completion of the repairs. The notice must be sent by certified mail.

(E) Second meeting with the property owner. The historic preservation officer shall meet with the property owner or the property owner’s agent with control over the structure within 30 days after the notice was sent to inspect any repairs completed and assist the property owner in obtaining any resources available for financing the 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 code compliance department or the city attorney for appropriate enforcement action to prevent demolition by neglect.

(l) Historic preservation incentives. Consult Article XI, “Development Incentives,” for regulations concerning the tax exemptions, conservation easements, and transfer of development rights available to structures in historic overlay districts.

(m) Historic preservation fund.

(1) The department, 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.

(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 overlay districts.

(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.

(n) Enforcement and criminal penalties.

(1) A person is criminally responsible for a violation of this section if:

(A) the person owns part or all of the property and knowingly allows the violation to exist;

(B) the person is the agent of the property owner or is an individual employed by the agent or property owner; is in control of the property; knowingly allows the violation to exist; and fails to provide the property owner’s name, street address, and telephone number to code enforcement officials;

(C) the person is the agent of the property owner or is an individual employed by the agent or property owner, knowingly allows the violation to exist, and the citation relates to the construction or development of the property; or

(D) the person knowingly commits the violation or assists in the commission of the violation.

(2) Any person who adversely affects or demolishes a structure on property subject to the predesignation moratorium or in a historic overlay district in violation of this section 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 predesignation certificates of appropriateness, 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 director 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.

(3) 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 or federal laws applicable to the person charged with or the conduct involved in the offense.

(o) Substantial evidence standard of review for appeals. The city plan commission shall give deference to the landmark commission decision and may not substitute its judgment for the landmark commission’s judgment.

(1) The city plan commission shall remand the matter back to the landmark commission if it determines that there is new testimony or evidence that was not available at the landmark commission hearing.

(2) The city plan commission shall affirm the landmark commission decision unless it finds that it:

(A) violates a statutory or ordinance provision;

(B) exceeds the landmark commission’s authority; or

(p) Judicial review of decisions. The final decision of the city planning commission regarding an appeal of a landmark commission decision may be appealed to a state district court. The appeal to the state district court must be filed within 30 days after the decision of the city planning commission. If no appeal is made to the state district court within the 30-day period, then the decision of the city plan commission is final and unappealable. An appeal to the state district court is limited to a hearing under the substantial evidence rule. (Ord. Nos. 19455; 19499; 20585; 21244; 21403; 21513; 21874; 22018; 23506; 23898; 24163; 24542; 24544; 25047; 26286; 27430; 27922; 28073; 28553; 29478; 31433 ; 32669 )

SEC. 51A-4.502. INSTITUTIONAL OVERLAY DISTRICT.

(a) General provisions.

(1) The institutional overlay district promotes cultural, educational, and medical institutions, and enhances their benefit to the community while protecting adjacent property.

(2) The following main uses may be permitted in an institutional overlay district:

-- Ambulance service.

-- Ambulatory surgical center.

-- Cemetery or mausoleum.

-- Church.

-- College dormitory, fraternity or sorority house.

-- College, university, or seminary.

-- Community service center.

-- Convalescent and nursing homes, hospice care, and related institutions.

-- Convent or monastery.

-- Day care center.

-- Foster home.

-- Halfway house.

-- Hospital.

-- Library, art gallery, or museum.

-- Medical clinic.

-- Medical or scientific laboratory.

-- Overnight general purpose shelter.

-- Post office.

-- Public or private school.

(3) All uses permitted in the underlying zoning district are allowed in an institutional overlay district.

(4) The zoning regulations of the underlying zoning district are applicable to an institutional overlay district unless otherwise provided in this section.

(b) Special yard, lot, and space regulations.

(1) In an institutional overlay district, additional setbacks, if any, for institutional buildings greater than 36 feet in height may be established by the site plan process.

(2) Buildings in an institutional overlay district must comply with applicable height regulations.

(3) If any portion of a structure is over 26 feet in height, that portion may not be located above a residential proximity slope originating in an R, R(A), D, D(A), TH, or TH(A) district. Exception: Structures listed in Section 51A-4.408(a)(2) may project through the slope to a height not to exceed the maximum structure height, or 12 feet above the slope, whichever is less.

(1) Required off-street parking for institutional uses may be located anywhere within the boundaries of the institutional overlay district or outside the district if the parking meets the requirements of Division 51A-4.320.

(2) Reserved.

(3) Reserved.

(d) Procedures for establishing an institutional overlay district.

(1) The applicant for an institutional overlay district shall comply with the zoning amendment procedure for a change in the zoning district classification.

(2) A site plan must be submitted after the institutional district is established and before a building permit or certificate of occupancy is issued.

(e) Site plan process.

(1) The building official shall not issue a building permit for additions to existing structures or for new structures except in accordance with an approved site plan and all applicable regulations.

(2) Preapplication conference. An applicant for site plan approval shall request, by letter, a preapplication conference with the director. The letter must contain a brief, general description of the nature, location, extent of the proposed institutional use and the list of any professional consultants advising the applicant concerning the proposed site plan.

(3) Upon receipt of a request, the director shall schedule a preapplication conference to discuss the proposed site plan. Based on the information provided by the applicant, the director shall:

(A) provide initial comments concerning the merits of the proposed development;

(B) state what information must be provided in the site plan application for a complete review of the proposed development; and

(4) Application for site plan approval. An applicant for site plan approval shall submit to the director:

(A) a site plan application in the form prescribed by the director that contains at least the following information:

(i) The applicant’s name and address and his ownership interest in the property proposed for development.

(ii) The signatures of all owners of the property proposed for development.

(iii) The size of the parcel proposed for development, its street address, and a legal description of the property.

(iv) A statement setting forth the current uses of the property and plans for future development;

(B) ten copies of the site plan and one 8- 1/2 x 11 inch clear transparency of the site plan;

(C) copies of legal instruments guaranteeing the availability of remote off-street parking and the mode of transportation to serve that parking, and copies of any restrictive covenants that are to be recorded with respect to the institutional uses; and

(D) a site plan fee.

(5) Site plan. The applicant shall provide a site plan drawn to a scale not less than 100 feet to the inch or to a scale specified by the director, on a sheet of paper no larger than two feet by three feet. The site plan must depict the following for a complete review of the proposed development:

(A) The boundary lines and dimensions of the property, existing subdivision lots, available utilities, easements, roadways, rail lines, and public rights-of-way that cross or are adjacent to the property.

(B) Topography of the property proposed for development in contours of not less than five feet, together with any proposed grade elevations, if different from existing elevations.

(C) Flood plains, water courses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings.

(D) The location and use of all existing and proposed buildings or structures.

(E) Total number and location of off-street parking and loading spaces.

(F) All points of vehicular ingress and egress and circulation within the property.

(G) Setbacks, lot coverage, and when relevant, the relationship of the setbacks provided and the height of any existing or proposed building or structure.

(H) The location, size, and arrangement of all outdoor signs and lighting.

(I) The type, location, and quantity of all plant material used for landscaping, and the type, location, and height of fences or screening and the plantings around them.

(J) Location, designation, and total area of all usable open space and any proposed improvements to the open space.

(K) Land uses and zoning districts contiguous to the property.

(L) Any other information the director determines necessary for a complete review of the proposed development.

(6) Departmental review. The director shall forward the information to the department of development services, public works, sanitation services, water utilities, and code compliance, and to any other appropriate departments. Within 30 days following receipt of a completed application for site plan approval, or for a longer time agreed to by the applicant, the departments shall review the proposed development and forward their comments, if any, in writing to the director. Upon conclusion of the departmental review, the director shall forward to the commission the application for site plan approval and the written information provided by the departments.

(A) The directors of the departments of public works, transportation, and water utilities shall prepare a written statement evaluating the impact of the proposed institutional uses on public facilities including sewers, water utilities, and streets.

(B) The director of water utilities shall prepare a written statement describing any known drainage or topography problems.

(7) Conferences and modifications during review. If the application for site plan approval meets one or more of the standards for site plan disapproval, and the director and the applicant meet to discuss the application for site plan approval, the director may accept an amended application for site plan approval.

(8) City plan commission review. The commission shall review the application for site plan approval and render its decision within 21 days from the date of referral by the director, or for a longer time that has been agreed to by the applicant. The commission shall review the application for site plan approval and may approve the application, disapprove the application, or approve the application subject to specified conditions and modifications that are permanently marked on the site plan or made a part of the site plan conditions.

(9) Standards for site plan disapproval. The commission may disapprove an application for site plan approval upon findings of fact based on one or more of the following standards:

(A) The application for site plan approval is incomplete or contains violations of this chapter or other applicable regulations, and the applicant, after written request from the director, has failed to supply the additional information or correct the violation.

(B) The proposed site plan interferes with or is in conflict with a right-of-way, easement, or any approved plan such as a thoroughfare plan or transit plan.

(C) The proposed site plan destroys, damages, or interferes with significant natural, topographic, or physical features of the site that are determined significant by the commission.

(D) The proposed site plan is incompatible with adjacent land use and detrimental to the enjoyment of surrounding property in that the proposed development would create noise above the ambient level, substantially increase traffic, or fail to provide adequate buffers.

(E) The points of egress and ingress or the internal circulation of traffic within the site creates a traffic hazard, either on or off the site.

(F) The proposed site plan creates drainage or erosion problems to the site or adjacent property.

(10) City council appeal. An applicant may appeal to city council the decision of the commission concerning an application for site plan approval by filing a written request with the director within ten days of the action of the commission.

(11) Amendment. A site plan may be amended by following the same procedure as required in this section. (Ord. Nos. 19455; 19786; 20920; 21044; 22026; 23694; 25047; 28073; 28424; 30239; 30654; 30994; 32002)

SEC. 51A-4.503. D AND D-1 LIQUOR CONTROL OVERLAY DISTRICTS.

General provisions. Note: These provisions apply only to D and D-1 Liquor Control Overlay Districts enacted before June 11, 1987.

(1) A D or D-1 liquor control overlay district is designated as “dry” by the suffix “D” or “D-1” on the zoning district map.

(2) In a “D” liquor control overlay district, a person shall not sell or serve alcoholic beverages or setups for alcoholic beverages for consumption on or off the premises.

(3) In a “D-1” liquor control overlay district, a person shall not sell or serve alcoholic beverages, or setups for alcoholic beverages, for consumption on or off the premises, unless the sale or service is part of the operation of a use for which a specific use permit has been granted by the city council.

(4) It is a defense to prosecution under Paragraphs (2) and (3) of this section that the alcoholic beverage or setup for alcoholic beverage is served, but not sold, at a private residence for consumption at the residence. For purposes of this subsection, a private residence must be a permitted residential or lodging use listed in the use regulations of this article. If the use is a lodging use, the term “private residence” means the guest room only. (Ord. Nos. 19455; 21735)

SEC. 51A-4.504. DEMOLITION DELAY OVERLAY DISTRICT.

(a) Purpose. A demolition delay overlay district is intended to encourage the preservation of historically significant buildings that are not located in a historic overlay district by helping the property owner identify alternatives to demolition.

(b) General provisions.

(1) The city plan commission or city council may initiate a demolition delay overlay district following the procedure in Section 51A-4.701, "Zoning Amendments."

(2) This section applies to any building located in a demolition delay overlay district that is at least 50 years old and meets one of the following criteria:

(A) the building is located in a National Register Historic District or is individually listed on the National Register of Historic Places;

(B) the building is designated as a Recorded Texas Historic Landmark;

(D) the building is designated as a National Historic Landmark;

(E) the building is listed as significant in the 2003 Downtown Dallas/Architecturally Significant Properties Survey; or

(F) the building is listed as contributing in the 1994 Hardy-Heck-Moore Survey.

(1) Phase I.

(A) Upon receipt of a complete application to demolish a building that is in a demolition delay overlay district, the building official shall refer the application to the historic preservation officer.

(B) Within 10 days after the historic preservation officer receives an application to demolish a building within a demolition delay overlay district, the historic preservation officer shall determine whether the building meets the requirements in Subsection (b)(2).

(C) If the historic preservation officer determines that a building within a demolition delay overlay district does not meet the criteria in Subsection (b)(2) and the application meets the requirements for issuing a demolition permit in the Dallas Building Code, the building official shall grant the application to demolish a building.

(2) Phase II.

(A) Within 45 days after determining whether a building within a demolition delay overlay district meets the requirements in Subsection (b)(2), the historic preservation officer shall schedule a meeting with the building's owner and appropriate city officials to discuss alternatives to demolition, such as historic designation under Section 51A-4.501; historic preservation tax exemptions and economic development incentives for historic properties under Article XI; loans or grants from public or private resources; acquisition of the building; and variances.

(B) The historic preservation officer shall post notice of the meeting with the building's owner on the city's website.

(C) Within two working days after the historic preservation officer determines the building within the demolition delay overlay district meets the requirements in Subsection (b)(2), the historic preservation officer shall post a sign on the property to notify the public that an application has been made for a demolition permit within a demolition delay overlay district. The sign must include a phone number where citizens can call for additional information.

(D) The meeting may include organizations that foster historic preservation, urban planning, urban design, development, and improve ment in demolition delay overlay districts.

(E) If at the end of the 45-day period the application meets the requirements of the Dallas Building Code and the building owner declines to enter into an agreement as outlined in Paragraph (3), the building official shall grant the application to demolish a building within a demolition delay overlay district.

(3) Phase III. The property owner may enter into an agreement with the city to delay granting a demolition permit for an additional time period to continue exploration of alternatives to demolition. (Ord. 29893)

SEC. 51A-4.505. CONSERVATION DISTRICTS.

(a) Definitions. In this section:

(1) AREA means the land within the boundaries of a proposed CD that may include subdistricts, land within the boundaries proposed to be added to an established CD that may include subdistricts, or land within the boundaries of a proposed subdistrict.

(2) BLOCKFACE means the linear distance of lots along one side of a street between the two nearest intersecting streets. If a street dead ends, the terminus of the dead end will be treated as an intersecting street.

(3) CD means conservation district.

(4) CD ORDINANCE means the ordinance establishing or amending a particular conservation district.

(5) DEMOLITION means the intentional destruction of an entire building.

(6) NEIGHBORHOOD COMMITTEE means the property owners of at least 10 properties within a proposed CD, proposed area to be added to an established CD, or an established CD; or, if less than 10 properties, 50 percent of the property owners within the proposed CD, proposed area to be added to an established CD, or an established CD.

(7) PHYSICAL ATTRIBUTES means the physical features of buildings and structures, including the architectural style; characteristics of a period; and method of construction, and may also include those physical characteristics of an area that help define or make an area unique, including scale; massing; spatial relationship between buildings; lot layouts; setbacks; street layouts; streetscape characteristics or other natural features; or land-use patterns.

(8) STABLE means that the area is expected to remain substantially the same over the next 20 years with continued maintenance of the property. While some changes in structures, land uses, and densities may occur, all such changes are expected to be compatible with surrounding development.

(9) STABILIZING means that the area is expected to become stable over the next 20-year period through continued reinvestment, maintenance, or remodeling.

(b) Findings and purpose.

(1) State law authorizes the city of Dallas to regulate the construction, alteration, reconstruction, or razing of buildings and other structures in "designated places and areas of historic, cultural, or architectural importance and significance."

(2) Conservation districts are intended to provide a means of conserving an area's distinctive character by protecting or enhancing its physical attributes.

(3) Conservation districts are distinguished from historic overlay districts, which preserve historic residential or commercial places; neighborhood stabilization overlay districts, which preserve single family neighborhoods by imposing neighborhood- specific yard, lot, and space regulations that reflect the existing character of the neighborhood; and planned development districts, which provide flexibility in planning and construction while protecting contiguous land uses and significant features.

(4) The purpose of a CD is to:

(A) protect the physical attributes of an area or neighborhood;

(B) promote development or redevelopment that is compatible with an existing area or neighborhood;

(D) enhance the livability of the city; and

(E) ensure harmonious, orderly, and efficient growth.

(1) Each CD must be established by a separate CD ordinance.

(2) A CD may replace a planned development district or a neighborhood stabilization overlay. A CD may include an historic district overlay. A CD may not be placed on a planned development district or a neighborhood stabilization overlay.

(3) For purposes of determining the applicability of regulations in this chapter triggered by adjacency or proximity to another zoning district, an identifiable portion of a CD governed by a distinct set of use regulations is treated as though it were a separate zoning district. If the CD district or a portion of the district is limited to those uses permitted in an expressly stated zoning district, the CD district or portion of the district is treated as though it were that expressly stated zoning district; otherwise it is treated as though it were:

(A) a TH-3(A) zoning district if it is restricted to single family and/or duplex uses;

(B) an MF-2(A) zoning district if it is restricted to residential uses not exceeding 36 feet in height and allows multifamily uses;

(C) an MF-3(A) zoning district if it is restricted to residential uses and allows multifamily uses exceeding 36 feet in height; or

(D) a nonresidential zoning district if it allows a nonresidential use.

(d) Establishing a conservation district.

(1) Determination of eligibility.

(A) Before a neighborhood committee may request pre-application meetings or apply for a CD, a neighborhood committee must request a determination of eligibility and the director must determine that an area is eligible. A request for determination of eligibility is not an application for a CD.

(B) A neighborhood committee must submit a request for determination of eligibility on a form furnished by the department. The request for a determination of eligibility must include:

(i) The names and addresses of the neighborhood committee members.

(ii) The name and address of the neighborhood committee member designated to receive notice and information from the department.

(iii) A map of the request area.

(iv) A written statement explaining how the neighborhood committee selected the request area. For example, the request area is the original subdivision.

(v) A list of the architectural styles of each main building in the area of request and the year that each main building was constructed.

(vi) A written statement describing the physical attributes of the area, including the architectural styles, period of significance, and method of construction.

(vii) A written statement describing how the area of request meets all of the eligibility criteria in Section 51A-4.505(d)(1)(C).

(viii) Any other information that the director deems necessary.

(C) Within 65 days after a complete request for determination of eligibility is submitted, the director shall make a determination of eligibility. An area is not eligible for a CD unless it satisfies all of the following criteria:

(i) The area contains at least one blockface.

(ii) The area must be either "stable" or "stabilizing" as defined in this section.

(iii) The area is compact and contiguous with boundary lines drawn to the logical edges of the area or subdivision, as indicated by a creek, street, subdivision line, utility easement, zoning boundary line, or other boundary.

(iv) At least 75 percent of the lots are developed with main buildings that are at least 25 years old.

(v) The area has physical attributes that include recognizable architectural style(s).

(D) If the director determines that the area is eligible for a CD, the director shall notify the designated neighborhood committee member in writing. Notice is given by depositing the notice properly addressed and postage paid, return receipt requested, in the United States mail. The director's determination that an area is eligible for a CD may not be appealed.

(E) After the director determines an area is eligible for a CD, the boundaries may only be changed by city council at a public hearing to consider a proposed CD or by a request for a new determination of eligibility after the original determination of eligibility expires. A request for a new determination of eligibility with different boundaries must be made before a neighborhood committee may request pre- application meetings or apply for a CD.

(F) If the director determines that the area is not eligible for a CD, the director shall notify the designated neighborhood committee member in writing why the proposed area is not eligible. Notice is given by depositing the notice properly addressed and postage paid, return receipt requested, in the United States mail. The director's determination that an area is not eligible for a CD classification may be appealed to the city plan commission by the neighborhood committee.

(G) An appeal of a determination that an area is not eligible for a CD is made by filing a written notice of appeal with the director. The notice of appeal must be filed within 30 days after the director provides written notice to the designated neighborhood committee member. The sole issue on appeal is whether the director erred in the determination of eligibility. The city plan commission shall consider the same criteria that the director is required to consider.

(H) The city plan commission's determination of eligibility on appeal is final. If the city plan commission determines that the area is not eligible for a CD, no further requests for determination of eligibility may be considered for the area of request for two years from the date of its decision. A property owner within the area of request may apply for a waiver of the two-year limitation period pursuant to Section 51A-4.701(d)(3).

(2) Pre-application meetings.

(A) After an area is determined eligible for a CD and before a neighborhood committee may apply for a CD, a neighborhood committee must request pre-application meetings. A request for pre- application meetings is not an application for a CD.

(B) Pre-application meetings are held by the department. Pre-application meetings are intended to inform the neighborhood committee and property owners within the eligible area about the determination of eligibility process, purpose of a CD, and the CD ordinance process. Pre-application meetings are also held to discuss and establish a list of development and architectural standards the neighborhood is interested in regulating.

(C) Within 65 days after the director has determined that an area is eligible for a CD, the neighborhood committee must submit a request for pre-application meetings on a form furnished by the department or the determination of eligibility for that area expires. If the determination of eligibility expires, a neighborhood committee must submit a new request for determination of eligibility and the director must determine that the area is eligible before a request for pre-application meetings may be submitted.

(D) Within 60 days after a complete request for pre-application meetings is submitted, the director shall schedule the first of at least two pre- application meetings. Notice of each pre-application meeting shall be given at least 10 days before the pre- application meeting to all property owners within the area eligible for a CD as evidenced by the last certified municipal tax roll.

(E) Within 14 days after the last pre- application meeting, the department shall provide the designated neighborhood committee member with the original petition forms.

(F) The original petition forms must include a map showing the boundaries of the area determined eligible for a CD; a list of the development and architectural standards a CD may regulate; the development and architectural standards established at the pre-application meetings that neighborhood is interested in regulating; the name and address of all property owners within the proposed CD; the deadline for the required signatures; and a statement that by signing the petition, the property owner is indicating support for initiating a process that may result in a change of zoning.

(G) Once the original petition forms are provided to the designated neighborhood committee member, additions to the development and architectural standards established by the neighborhood and listed on the original petition forms may only be recommended by city plan commission and approved by the city council.

(3) Application for a CD.

(A) After an area is determined eligible for a CD and the pre-application meetings have been held by the department, a neighborhood committee may submit an application for a CD.

(B) The application must be on a form provided by the department and must include:

(i) The original petition forms submitted with the dated signatures of property owners within the area determined eligible for a CD in support of the proposed CD that represent at least 58 percent of the land, excluding streets and alleys, within the proposed CD or 58 percent of the lots within the proposed CD.

(aa) For a proposed CD with 200 or fewer lots, the signatures on the original petition forms must be dated within 12 months following the date the original petition forms are provided to the designated neighborhood committee member.

(bb) For a proposed CD with 201 to 500 lots, the signatures on the original petition forms must be dated within 15 months following the date the original petition forms are provided to the designated neighborhood committee member.

(cc) For a proposed CD with more than 500 lots, the signatures on the original petition forms must be dated within 18 months following the date the original petition forms are provided to the designated neighborhood committee member.

(ii) The application fee, if applicable.

(aa) If the original petition forms are signed by 75 percent or more of the lots within the proposed CD boundaries, the application fee is waived.

(bb) If the proposed CD is authorized pursuant to Section 51A-4.701(a)(1), the application fee is waived.

(iii) Any other information that the director deems necessary.

(C) Within 30 days after an application for a CD is submitted, the director shall verify the original petition forms and determine if the application is complete. The time the director takes to review an application for completeness is not counted toward the date requirements in Section 51A-4.505(d)(3)(B)(i) for signatures in support of the proposed CD.

(D) If the application is deemed complete or the CD is authorized pursuant to Section 51A-4.701(a)(1), a public hearing to create a CD is initiated.

(E) If the director deems the application incomplete, the director shall notify the designated neighborhood committee member in writing of the application deficiencies and return the incomplete application. Notice is given by depositing the notice properly addressed and postage paid, return receipt requested, in the United States mail.

(F) For purposes of Section 51A-4.701, "Zoning Amendments," once a CD application has been deemed complete, the CD shall be treated as a city plan commission authorized public hearing and may not be appealed to city council if the city plan commission recommends denial. If the proposed CD is initiated by application, the notice of authorization in Section 51A-4.701(a)(1) is not required.

(4) Preparing a CD ordinance.

(A) Within 30 days after a CD application is deemed complete, the director shall begin scheduling neighborhood meetings. Neighborhood meetings shall be held as necessary to receive input from property owners regarding the content of the CD ordinance.

(B) The city shall prepare a CD ordinance that includes:

(i) a map showing the boundaries of the area, including any subdistricts, that the director determined eligible for a CD;

(ii) maps and other graphic and written materials describing the physical attributes of the proposed CD; and

(iii) regulations for development and architectural standards.

(i) Development standards.

(aa) accessory structures.

(bb) building and structure height;

(cc) density;

(dd) fences and walls;

(ee) floor area ratio;

(ff) lot coverage;

(gg) lot size;

(hh) off-street parking and loading requirements;

(ii) permitted uses;

(jj) setbacks; and

(kk) stories.

(ii) Architectural standards.

(aa) architectural styles;

(bb) building elevations;

(cc) building materials;

(dd) chimneys;

(ee) porch styles;

(ff) roof form or pitch;

(gg) roofing materials; and

(hh) windows.

(D) The CD ordinance may also include, but is not limited to, the following development and architectural standards:

(i) building relocation;

(ii) building width;

(iii) demolition;

(iv) driveways, curbs, and sidewalks;

(v) foundations;

(vi) garage location and entrance;

(vii) impervious surfaces;

(viii) landscaping or other natural features;

(ix) massing;

(x) paint colors;

(xi) solar energy systems and the components;

(xii) steps; or

(xiii) window and dormer size and location.

(E) At least 30 days before the city plan commission public hearing to consider the proposed CD ordinance, the director shall conduct a neighborhood meeting to review the proposed CD ordinance.

(F) Notice of the neighborhood meeting shall be given at least 10 days before the neighborhood meeting to all property owners within the boundaries of the proposed CD as evidenced by the last certified municipal tax roll. The notice must include a web address where an electronic copy of the draft CD ordinance may be found.

(G) After the neighborhood meeting and at least 10 days before consideration by the city plan commission, the director shall send written notice of the city plan commission public hearing and a reply form to all property owners within the area of notification as evidenced by the last certified municipal tax roll. The reply form allows the recipient to indicate support or opposition to the proposed CD and give written comments. The director shall report to the city plan commission the percentage of replies in favor and in opposition, and summarize any comments.

(H) If city plan commission recommends approval of the proposed CD, at least 10 days before consideration by the city council, the director shall send written notice of the city council public hearing and a reply form to all property owners within the area of notification as evidenced by the last certified municipal tax roll. The reply form allows the recipient to indicate support or opposition to the proposed CD and give written comments. The director shall report to the city council the percentage of replies in favor and in opposition, and summarize any comments.

(e) Expanding an established CD.

(1) In general. Before a neighborhood committee or, if the area proposed to be added is one lot, an applicant may request petitions or apply to expand an established CD, a neighborhood committee or applicant must request a determination of eligibility for the proposed area to be added and the director must determine that the area is eligible. A request for determination of eligibility is not an application to amend an established CD.

(2) Determination of eligibility.

(A) A neighborhood committee or, if the area proposed to be added is one lot, an applicant must submit a request for determination of eligibility on a form furnished by the department. The request for determination of eligibility must include:

(i) The names and addresses of the neighborhood committee members or applicant.

(ii) If applicable, the name and address of the neighborhood committee member designated to receive notice and information from the director.

(iii) A map of the request area to be added that is compact and contiguous with the established CD.

(iv) A written statement explaining how the neighborhood committee or the applicant selected the request area. For example, the proposed area is part of the original subdivision but was not included when the CD was established.

(v) A list of the architectural styles of each main building in the area of request and the year that each main building was constructed.

(vi) A written statement describing the physical attributes of the area, including the architectural styles, period of significance, and method of construction and how these physical attributes, including the architectural styles, are similar to and compatible with the established CD.

(vii) A written statement describing how the proposed area meets all of the eligibility requirements in Section 51A-4.505(d)(1)(C) except that the area proposed is not required to be at least one blockface.

(viii) Any other information that the director deems necessary.

(B) Within 65 days after a complete request for determination of eligibility is submitted, the director shall make a determination of eligibility. An area is not eligible to be added to an established CD unless:

(i) the area satisfies all of the criteria in Section 51A-4.505(d)(1)(C), except that the area to be added is not required to be at least one blockface, and

(ii) the area to be added is similar to and compatible with the physical attributes of the established CD.

(C) If the director determines that the proposed area is eligible to be added to an established CD, the director shall notify the designated neighborhood committee member or applicant in writing. Notice is given by depositing the notice properly addressed and postage paid, return receipt requested, in the United States mail. The director's determination that an area is eligible for a CD may not be appealed.

(D) After the director determines an area is eligible to be added to an established CD, the boundaries may only be changed by city council at a public hearing to consider expanding an established CD or by a request for a new determination of eligibility after the original determination of eligibility expires. A request for a new determination of eligibility with different boundaries must be made before a neighborhood committee or applicant may request petitions or apply to expand an established CD.

(E) If the director determines that the area is not eligible to be added to an established CD, the director shall notify the designated neighborhood committee member or applicant in writing why the area is not eligible. Notice is given by depositing the notice properly addressed and postage paid, return receipt requested, in the United States mail.

(F) The director's determination that an area is not eligible to be added to a CD may be appealed to the city plan commission by the neighborhood committee or applicant.

(G) An appeal of a determination that an area is not eligible for a CD is made by filing a written notice of appeal with the director. The notice of appeal must be filed within 30 days after the director provides written notice to the designated neighborhood committee member or applicant. The sole issue on appeal is whether the director erred in the determination of eligibility. The city plan commission shall consider the same criteria that the director is required to consider.

(3) Request for petitions.

(A) After an area is determined eligible to be added into an established CD and before a neighborhood committee or applicant may apply to expand an established CD, a neighborhood committee or applicant must request petitions. A request for petitions is not an application to amend an established CD.

(B) A neighborhood committee or applicant must submit a request for petitions within 65 days after the director determines that the area is eligible to be added to an established CD or the determination of eligibility for that proposed area to be added expires. If the determination of eligibility expires, a neighborhood committee or applicant must submit a new request for determination of eligibility and the director must determine that the area is eligible before a request for petitions may be submitted.

(C) The request for petitions must be on a form furnished by the department and must include the names and addresses of the neighborhood committee members or the applicant and a list of the development and architectural standards listed in Sections 51A-4.505(d)(4)(C) and (D) that a neighborhood committee or applicant is interested in regulating.

(D) Within 14 days after a complete request for petitions is submitted, the director shall provide the designated neighborhood committee member or applicant with the original petition forms.

(E) The original petition forms must include a map showing the boundaries of the established CD and the area eligible to be added to the established CD; a list of the development and architectural standards a CD may regulate; the development and architectural standards the neighborhood or applicant is interested in regulating; the name and address of all property owners within the area proposed to be added to an established CD; the deadline for the required signatures; and a statement that by signing the petition, the property owner is indicating support for initiating a process that may result in a change of zoning.

(F) Once the original petition forms are provided to the designated neighborhood committee member or applicant, additions to the development and architectural standards established by the neighborhood and listed on the original petition forms may only be recommended by city plan commission and approved by the city council.

(G) Within 60 days after the department provides the designated neighborhood committee member or applicant with the original petition forms, the department shall schedule a neighborhood meeting. Notice of the neighborhood meeting shall be given at least 10 days before the neighborhood meeting to all property owners within the proposed area to be added and the established CD as evidenced by the last certified municipal tax roll.

(H) The neighborhood meeting is held by the department. The purpose of the neighborhood meeting is to inform the property owners within the established CD, and the proposed area to be added, that petitions have been requested to expand the established CD.

(4) Application to expand an established CD.

(A) After an area is determined eligible to be added to an established CD and the neighborhood committee or applicant has requested and received the original petition forms, the neighborhood committee or applicant may submit an application to expand an established CD.

(B) The application must be on a form provided by the department and must include:

(i) The original petition forms with dated signatures of property owners within the proposed area to be added into the established CD that are in support of being added to the established CD.

(ii) The signatures on the original petition forms must be dated within 60 days after the date the director provides the original petition forms to the neighborhood committee or applicant and must represent at least 58 percent of the land, excluding streets and alleys, within the proposed area to be added to the CD; or 58 percent of the lots within the area proposed to be added to the CD.

(iii) The application fee, if applicable. If the proposed expansion of the established CD is authorized pursuant to Section 51A-4.701(a)(1), the application fee is waived.

(iv) Any other information that the director deems necessary.

(C) Within 30 days after an application to expand an established CD is submitted, the director shall verify the original petition forms and determine if the application is complete. The 30 day application review period is not counted toward the signature date requirement in Section 51A-4.505(e)(4)(B)(ii).

(D) If the director deems the application complete or the request to expand the established CD is authorized pursuant to Section 51A-4.701(a)(1), a public hearing to expand an established CD is initiated.

(E) If the director deems the application incomplete, the director shall notify the designated neighborhood committee member in writing of the deficiencies and return the incomplete application. Notice is given by depositing the notice properly addressed and postage paid, return receipt requested, in the United States mail.

(5) Preparing an ordinance to expand an established CD.

(A) The city shall prepare amendments to the established CD in accordance with Sections 51A-4.505(d)(4)(B) through (D) to establish development and architectural standards for the area to be added.

(B) At least 10 days before consideration by the city plan commission, the director shall send written notice of the city plan commission public hearing and a reply form to all property owners within the area of notification as evidenced by recent tax rolls. The reply form allows the recipient to indicate support or opposition to the proposed expansion of the established CD and give written comments. The director shall report to the city plan commission the percentage of replies in favor and in opposition, and summarize any comments.

(C) At least 10 days before consideration by the city council, the director shall send written notice of the city council public hearing and a reply form to all property owners within the area of notification as evidenced by recent tax rolls. The reply form allows the recipient to indicate support or opposition to the proposed expansion of the established CD and give written comments. The director shall report to the city council the percentage of replies in favor and in opposition, and summarize any comments.

(f) Amending regulations in an established CD.

(1) Pre-application meetings.

(A) To amend regulations that affect an entire established CD, a neighborhood committee must first request pre-application meetings. A request for pre-application meetings is not an application for a CD.

(B) Pre-application meetings are held by the department. Pre-application meetings are intended to inform the property owners within the established CD that a neighborhood committee is interested in amending regulations in the established CD and to discuss and establish a list of development and architectural standards the neighborhood is interested in amending or adding to the established CD.

(C) Within 60 days after a complete request for pre-application meetings is submitted, the director shall schedule the first of at least two pre-application meetings. Notice of each pre-application meeting shall be given at least 10 days before the pre-application meeting to all property owners within the established CD as evidenced by the last certified municipal tax roll.

(D) Within 14 days after the last pre-application meeting, the department shall provide the designated neighborhood committee member with the original petition forms.

(E) The original petition forms must include a map showing the boundaries of the established CD; a list of the development and architectural standards a CD may regulate; the development and architectural standards established at the pre-application meetings that the neighborhood is interested in amending or adding; the name and address of all property owners within the established CD; the deadline for the required signatures; and a statement that by signing the petition, the property owner is indicating support for initiating a process that may result in a change of zoning.

(F) Once the original petition forms are provided to the designated neighborhood committee member, additions to the development and architectural standards established by the neighborhood and listed on the original petition forms may only be recommended by the city plan commission and approved by the city council.

(2) Application to amend an established CD.

(A) After the pre-application meetings have been held by the department, a neighborhood committee may submit an application to amend an established CD that affects the entire CD.

(B) The application must be on a form provided by the department and must include:

(i) The original petition forms submitted with the dated signatures of property owners within the established CD in support of amending the established CD that represent at least 58 percent of the land, excluding streets and alleys, within the established CD or 58 percent of the lots within the established CD.

(aa) For an established CD with 200 or fewer lots, the signatures on the original petition forms must be dated within 12 months following the date the original petition forms are provided to the designated neighborhood committee member.

(bb) For an established CD with 201 to 500 lots, the signatures on the original petition forms must be dated within 15 months following the date the original petition forms are provided to the designated neighborhood committee member.

(cc) For an established CD with more than 500 lots, the signatures on the original petition forms must be dated within 18 months following the date the original petition forms are provided to the designated neighborhood committee member.

(ii) The application fee, if applicable.

(aa) If the original petition forms are signed by 75 percent or more of the lots within the established CD boundaries, the application fee is waived.

(bb) If the established CD is authorized pursuant to Section 51A-4.701(a)(1), the application fee is waived.

(iii) Any other information that the director deems necessary.

(C) Within 30 days after an application to amend an established CD is submitted, the director shall verify the original petition forms and determine if the application is complete. The time the director takes to review an application for completeness is not counted toward the date requirements in Section 51A-4.505(d)(3)(B)(i) for signatures in support of the proposed CD.

(D) If the application is deemed complete or an amendment to the established CD is authorized pursuant to Section 51A-4.701(a)(1), a public hearing to create a CD is initiated.

(F) For purposes of Section 51A-4.701, "Zoning Amendments," once an application to amend regulations in an established CD has been deemed complete, the application shall be treated as a city plan commission authorized public hearing and may not be appealed to city council if the city plan commission recommends denial. If the application to amend regulations in an established CD is initiated by application, the notice of authorization in Section 51A-4.701(a)(1) is not required.

(3) Preparing an ordinance to amend an established CD.

(A) Within 30 days after an application to amend an established CD is deemed complete, the director shall begin scheduling neighborhood meetings. Neighborhood meetings shall be held as necessary to receive input from property owners regarding the amendments to the established CD. Notice of neighborhood meetings shall be given at least 10 days before the neighborhood meeting to all property owners within the boundaries of the established CD as evidenced by the last certified municipal tax roll.

(B) The city shall prepare an ordinance amending an established CD in accordance with Sections 51A-4.505(d)(4) (B) through (D).

(C) At least 30 days before the city plan commission public hearing to consider proposed amendments to an established CD, the director shall conduct a neighborhood meeting to review the proposed ordinance amending the established CD.

(D) Notice of the neighborhood meeting shall be given at least 10 days before the neighborhood meeting to all property owners within the boundaries of the established CD as evidenced by the last certified municipal tax roll. The notice must include a web address where an electronic copy of the draft proposed ordinance amending the established CD may be found.

(E) After the neighborhood meeting and at least 10 days before consideration by the city plan commission, the director shall send written notice of the city plan commission public hearing and a reply form to all property owners within the area of notification as evidenced by the last certified municipal tax roll. The reply form allows the recipient to indicate support or opposition to the proposed CD and give written comments. The director shall report to the city plan commission the percentage of replies in favor and in opposition, and summarize any comments.

(F) If city plan commission recommends approval of the proposed CD, at least 10 days before consideration by the city council, the director shall send written notice of the city council public hearing and a reply form to all property owners within the area of notification. The reply form allows the recipient to indicate support or opposition to the proposed CD and give written comments. The director shall report to the city council the percentage of replies in favor and in opposition, and summarize any comments.

(g) Creating or amending a subdistrict within an established CD.

(1) An application to create or amend a subdistrict within an established CD must comply with Section 51A-4.701(a)(2).

(2) At least 30 days before a city plan commission public hearing to consider creating or amending a subdistrict within an established CD, the director shall hold a neighborhood meeting.

(3) Notice of the neighborhood meeting shall be given at least 10 days before the neighborhood meeting to all property owners within the established CD as evidenced by the last certified municipal tax roll.

(4) The purpose of the neighborhood meeting is to inform the property owners within the established CD of the application to create or amend a subdistrict within an established CD.

(5) The city shall prepare an ordinance creating or amending a subdistrict within an established CD in accordance with Sections 51A-4.505(d)(4)(B) through (D).

(6) The city council shall not grant a request to create or amend a subdistrict within an established CD except upon a finding that the creating or amending a subdistrict within the established CD will not:

(A) alter the essential character of the established CD, or

(B) be detrimental to the overall purpose of the established CD.

(h) Removing property from an established CD.

(1) An application to remove property from an established CD must comply with Section 51A-4.701(a)(2).

(2) At least 30 days before a city plan commission public hearing to consider removing property from an established CD, the director shall hold a neighborhood meeting.

(4) The purpose of the neighborhood meeting is to inform the property owners within the established CD of the application to remove a property from an established CD.

(5) The city council shall not grant a request to remove property from an established CD except upon a finding that removing property from the established CD will not:

(A) alter the essential character of the established CD, or

(B) be detrimental to the overall purpose of the established CD.

(i) Work review procedures.

(1) Review form applications. A review form application must be submitted for any work covered by the standards in a CD ordinance.

(2) Work requiring a building permit.

(A) Upon receipt of a review form application for work requiring a building permit, the building official shall refer the review form application to the director to determine whether the work complies with the standards of the applicable CD ordinance. Within 30 days after submission of a complete review form application, the director shall review and determine whether the work complies with the standards of the applicable CD ordinance.

(B) If the director determines that the work complies with the standards of the applicable CD ordinance, the director shall approve the review form application and send it back to the building official, who shall issue the building permit if all requirements of the construction codes and other applicable ordinances have been met.

(C) If the director determines that the work does not comply with the standards of the applicable CD ordinance, the director shall state in writing the specific CD ordinance requirements that must be met before a building permit may be issued and send it back to the building official, who shall deny the building permit. The director shall give written notice to the applicant stating the reasons the building permit is denied.

(3) Work not requiring a building permit.

(A) Upon receipt of a review form application for work not requiring a building permit, the director shall review and determine whether the work complies with the standards of the applicable CD ordinance within 10 days after submission of a complete review form application.

(B) If the director determines that the work complies with the standards of the applicable CD ordinance, the director shall approve the review form application and give written notice to the applicant.

(C) If the director determines that the work does not comply with the standards of the applicable CD ordinance, the director shall state in writing the specific CD ordinance requirements to be met before the work review application may be approved. The director shall give written notice to the applicant stating the reasons for denial.

(j) Appeals.

(1) An applicant may appeal any decision regarding a review form application made by the director or any aggrieved person may appeal a final decision of an administrative official, to the board of adjustment by filing a written appeal within 15 days after notice of the decision is given by the director or the official in accordance with Section 51A-4.703(a).

(2) The regulations and procedures in Section 51A-4.703 apply to an appeal to the board of adjustment under this section, including staying proceedings, notice of hearing, and board action.

(3) In considering the appeal, the sole issue before the board of adjustment shall be whether the director or the administrative official erred in the decision. The board shall consider the same standards required to be considered by the director or the administrative official.

(4) Appeals to the board of adjustment are the final administrative remedy.

(k) Conflicts. If there is a conflict between the text of this section and the text of a CD ordinance, the text of the CD ordinance controls.

(l) Board of adjustment fee waiver. The board of adjustment may waive any filing fee for an appeal from a decision of the building official interpreting a CD ordinance, or for a variance or special exception to a CD ordinance requirement when the board finds that payment of the fee would result in substantial financial hardship to the applicant. The applicant may either pay the fee and request reimbursement as part of his appeal or request that the matter be placed on the board's miscellaneous docket for predetermination. If the matter is placed on the miscellaneous docket, the applicant may not file his appeal until the merits of the request for waiver have been determined by the board. (Ord. Nos. 19455; 19930; 20037; 20308; 24843; 29702)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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