(A)

This chapter applies to property in the city's zoning jurisdiction.

(B)

The provisions of this chapter relating to plumbing, electric, and mechanical permits apply to structures connected to the City's electric and water and wastewater utilities.

Source: Section 13-1-731; Ord. 990225-70; Ord. 031211-11.

(A)

The building official may not issue a building, demolition, or relocation permit unless the requirements of Article 4 (Special Requirements For Historic Structures) have been satisfied, if applicable.

(B)

A person may not change, restore, remove, or demolish an exterior architectural feature of a designated historic landmark, a structure for which a designation is pending under Section 25-11-214, or a contributing structure in a local historic district unless the requirements of Article 4 (Special Requirements For Historic Structures) have been satisfied.

Source: Sections 13-1-602, 13-1-733 and 13-1-741(d); Ord. 990225-70; Ord. 031211-11; 20090806-068.

(A)

Unless a technical code exempts an activity from its permitting requirements, a person may not perform the following activities unless the person first obtains the appropriate permit from the building official:

(1)

an activity regulated by Chapter 25-12, Article 1 (Uniform Building Code), Article 4 (Electrical Code), Article 5 (Uniform Mechanical Code), or Article 6 (Uniform Plumbing Code);

(2)

constructing or structurally altering a pier or other structure in or along the shores of:

(a)

Lake Austin below an elevation of 504.9 feet above mean sea level;

(b)

Town Lake below an elevation of 435.0 feet above mean sea level; or

(c)

Lake Walter E. Long;

(3)

altering the shoreline or bed of Lake Austin, Town Lake, or Lake Walter E. Long by filling or dredging;

(4)

constructing, altering, or repairing a sidewalk, curb, gutter, or driveway approach on property under a person's control or in public right-of-way adjoining property under a person's control;

(5)

erecting, moving, or structurally altering or repairing an outdoor sign; or

(6)

causing or permitting the activities described in this section to occur.

(B)

A building permit does not authorize the demolition or removal of any part of a structure.

Source: Section 13-1-735; Ord. 990225-70; Ord. 000309-39; Ord. 031211-11; Ord. 20060216-043; Ord. 20060309-058; Ord. 20060622-022; Ord. 20060928-022.

(A)

Except as provided in Subsection (B), a person shall comply with technical code requirements for new facilities when making an addition, alteration, or repair to a building or structure or to building service equipment.

(B)

The building official may allow a person to:

(1)

make a minor addition, alteration, or repair to existing building service equipment in accordance with the technical codes in effect at the time the equipment was originally installed;

(2)

use, maintain, or repair building service equipment that was lawfully in existence at the time of the adoption of the technical codes in accordance with the original design if the building service equipment does not create a hazard to life, health, or property; and

(3)

except as provided in Subsection (C), use the type of materials used in the original construction of an existing building or structure to make a nonstructural alteration or repair if the alteration or repair does not adversely affect a structural member or the required fire resistance of a part of the building or structure.

(C)

A person must comply with requirements for new installations when installing or replacing glass.

(D)

A person who makes an addition, alteration, or repair to a building or structure or to building service equipment is not required to conform the portions of the existing building not affected by the addition, alteration, or repair to requirements for new facilities.

(E)

A person may not create a condition in an existing building or structure or in existing building service equipment that violates the technical codes as a result of an addition or alteration.

(F)

A person may not create an unsafe condition in an existing building or structure or in existing building service equipment as a result of an addition or repair. An unsafe condition exists if an addition or alteration:

(1)

causes the existing building or structure to become structurally unsafe;

(2)

overloads or exceeds the capacity of building service equipment;

(3)

results in inadequate egress or obstructs existing exits;

(4)

creates a fire hazard;

(5)

reduces fire resistance; or

(6)

creates a health hazard or a condition dangerous to human life.

Source: Section 13-1-732(a) through (e); Ord. 990225-70; Ord. 031211-11.

An activity that is exempt from the permitting requirements of this article must comply with City regulations and Code requirements.

Source: Section 13-1-736; Ord. 990225-70; Ord. 031211-11.

(A)

The building official may issue a temporary building permit to authorize construction of a portion of a building, structure, or building service equipment before the plans and specifications for the entire project have been submitted or approved if the applicant files information and detailed statements describing the activity to be performed and the building official determines that the activity complies with this title.

(B)

The permittee under a temporary building permit proceeds with construction at the permittee's risk. A temporary building permit does not guarantee that a permit for the entire building or structure will be approved. A permittee does not acquire vested rights under a permit issued under this section.

(C)

The building official shall provide a permittee with written documentation stating that the permittee does not acquire vested rights under a temporary building permit.

Source: Section 13-1-741(c); Ord. 990225-70; Ord. 031211-11.

Unless state law or the technical codes exempt an activity from the permitting requirements, the following activity must be performed by a licensed contractor:

(1)

activity for which a plumbing, electrical, solar, or mechanical permit is required; and

(2)

activity for which a sidewalk, curb, gutter, or driveway approach permit is required.

Source: Section 13-1-737; Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided in Subsection (B), a person may not demolish all or part of a structure unless the person first obtains a demolition permit from the building official.

(B)

A demolition permit is not required to demolish all or part of an interior wall, floor, or ceiling.

(C)

Except as provided in Article 4 (Special Requirements For Historic Landmarks), the building official may issue a permit to demolish all or part of a structure.

(D)

An applicant for a demolition permit must provide notice of the demolition to adjacent one-family structures, two-family structures, and any multi-family component of other adjacent structures. The building official shall adopt rules regarding the requirements of the notice. At a minimum, the required notification must be:

(1)

on a form approved by the director and specify the date or range of dates on which the demolition may occur, which must be between five and ten days after notice is provided;

(2)

mailed or placed on properties adjacent to the property where the demolition is to occur; and

(3)

posted on the property where the demolition is to occur, in a manner visible from the primary street frontage.

Source: Section 13-1-741(d); Ord. 990225-70; Ord. 031211-11; Ord. 20060216-043; Ord. 20060309-058; Ord. 20060622-022; Ord. 20060928-022; Ord. No. 20201001-040, Pt. 1, 10-12-20.

(A)

In this section, "asbestos survey" means an inspection, by an individual licensed by the state to perform the inspection, of a building or facility to determine the location, quantity, and condition of asbestos containing material in the building by taking samples for analysis and by visual inspection.

(B)

The building official may not issue a permit to a person for the demolition or renovation of a building unless an asbestos survey has been conducted of the areas of the building affected by the proposed renovation or demolition. A person seeking a permit must provide evidence of the survey to the building official.

(C)

This section does not apply to:

(1)

a building owned by the state or federal government;

(2)

an industrial facility to which access is limited principally to employees of the facility because of processes or functions that are hazardous to human safety or health;

(3)

a manufacturing facility or building that is limited to workers and invited guests under controlled conditions;

(4)

a building, or any portion of a building that a professional engineer, a registered architect, or a city, county, or state government official determines to be structurally unsound and in danger of imminent collapse; or

(5)

a single family dwelling, or a residential use with four or fewer units.

(D)

A person who obtains a survey of a building in its entirety is not required to obtain additional surveys for subsequent renovations or demolitions of the building.

(E)

Instead of a criminal prosecution under this section, the building official may impose a civil penalty not to exceed $2,000 for each instance of a violation of this section. The building official may impose a separate penalty for each day that a violation continues. The city attorney may initiate a civil action to recover a penalty owed under this section.

(F)

A person commits an offense if the person begins, conducts, or continues demolition or renovation operations without an asbestos survey required by this section. A culpable mental state is not required, and need not be proved, for an offense under this section. Each instance of a violation under this section is a separate offense. Each day that a violation continues is a separate offense. An offense is punishable by a fine not to exceed $2,000.

Source: Ord. 010329-49; Ord. 031211-11.

(A)

Except as provided in Subsection (D), each person that applies for a building permit or demolition permit for activities described in Subsection (C) must acknowledge the person's need to comply with this Section and Chapter 15-6, Article 9 (Construction and Demolition Materials Diversion Program) before a building or demolition permit is issued.

(B)

This section is applicable in the City's zoning jurisdiction.

(C)

Except as provided in Subsection (D), construction and demolition materials diversion is required for

(1)

construction projects that exceed 5,000 square feet of new, added, or remodeled floor area; and

(2)

beginning October 1, 2019, commercial and multifamily projects that require a demolition permit.

(D)

Construction and demolition materials diversion is not required for the following activities:

(1)

projects for which only mechanical, electrical, or plumbing permits are required; or

(2)

work for which a building or demolition permit is not required.

Source: Ord. No. 20151119-098, Pt. 4, 10-1-16.

Note— Ordinance No. 20151119-098 takes effect on October 1, 2016.

An applicant for a building permit must submit an application on a form prescribed by the building official. The application must include the information required in Chapter 25-12, Article 1 (Uniform Building Code) and Building Criteria Manual.

Source: Section 13-1-735; Ord. 990225-70; Ord. 031211-11.

The building official shall submit each application for a building permit to appropriate city departments for review. Each department shall determine whether an application complies with regulations enforced by the department and shall provide its determination to the building official.

Source: Section 13-1-741(a); Ord. 990225-70; Ord. 031211-11.

The building official shall approve or disapprove an application for the following permits by the deadlines established by the director under Section 25-1-82 (Application Requirements and Expiration).

Type of Permit:

(1)

Commercial buildings, new construction;

(2)

Commercial buildings, remodeling and finishouts;

(3)

Residential, new construction;

(4)

Residential, remodeling of a complying structure;

(5)

Residential, remodeling of or additions to a noncomplying structure;

(6)

Sign, other than a nonconforming off-premise sign;

(7)

Replacement of nonconforming off-premise sign;

(8)

Repair of nonconforming off-premise sign;

(9)

Demolition; and

(10)

Relocation.

Source: Section 13-1-740; Ord. 990225-70; Ord. 020207-35; Ord. 031211-11; Ord. 20100624-149; Ord. No. 20160421-039, Pt. 14, 5-2-16.

(A)

The building official shall coordinate review of applications under this article with the City's electric utility and Austin Water if the property is served or will be served by public utilities.

(B)

When an applicant files an application for a building permit, the applicant must submit a written verification that utilities for the proposed development are suitable and sufficient for the proposed project.

(C)

After a demolition application has been approved but before demolition can occur, the applicant must satisfy the following requirements:

(1)

The applicant shall terminate all utilities unless the applicant submits a request for continued services and receives approval from the appropriate utility service.

(2)

The applicant shall abandon public water and wastewater service lines in accordance with the Utilities Criteria Manual.

(i)

If the existing public water and wastewater service lines or appurtenances are to be reused in the future, the corresponding private yard lines must be capped within private property in accordance with Chapter 25-12, Article 6 (Plumbing Code).

(ii)

If the existing public water and wastewater service lines or appurtenances will be discontinued, the applicant shall submit additional plans to Austin Water for review.

(3)

For properties served by private on-site sewage facilities and located within the full purpose boundaries of the City or in areas annexed in the limited purpose boundaries of the City where the City's health and safety ordinances apply, the applicant shall abandon the on-site sewage facilities in accordance in Chapter 15-5 (Private Sewage Facilities). For all other properties, the applicant shall abandon the on-site sewage facilities in accordance with the requirements of the applicable permitting authority.

(4)

If the property is served by the City's electric utility, the applicant shall contact the electric utility to arrange to have the electric meter and service drop removed from the structure by the electric utility. Demolition may not proceed until the electric meter and service drop has been removed by the electric utility. The building official may issue an electric permit for temporary power if the applicant requests temporary construction power to a site.

Source: Section 13-1-739.; Ord. 990225-70; Ord. 031211-11; Ord. No. 20200917-067, Pt. 1, 9-28-20.

(A)

The building official may require that an applicant test materials or construction methods to demonstrate compliance with technical codes if:

(1)

the building official has reason to believe that materials or construction methods were not tested; or

(2)

the applicant proposes an alternate method of compliance.

(B)

The applicant shall use a test method:

(1)

prescribed in a technical code;

(2)

recognized in the industry; or

(3)

determined by the building official.

(C)

A test shall be performed by an agency approved by the building official.

(D)

The building official shall retain a test report for a reasonable time.

(E)

The applicant is responsible for the cost of a test.

Source: Section 1-31-734; Ord. 990225-70; Ord. 031211-11.

If the building official discovers an error in the plans, specifications, or other data submitted in support of a permit application, the building official may:

(1)

require an applicant to correct the error; and

(2)

stop building operations at the site if the error results in a violation of City regulations.

Source: Section 13-1-742; Ord. 990225-70; Ord. 031211-11.

The building official shall issue a permit if the building official determines that the activity described in an application, plans, specifications, and other support data comply with applicable law and that the required fees have been paid.

Source: Section 13-1-741(a); Ord. 990225-70; Ord. 031211-11.

(A)

The building official shall endorse or stamp "APPROVED" on plans and specifications approved in conjunction with permit issuance.

(B)

A person may not alter approved plans or specifications without authorization from the building official.

(C)

Activity conducted under a permit issued under this article must be done in accordance with the approved plans and specifications.

Source: Section 13-1-741(b); Ord. 990225-70; Ord. 031211-11.

An interested party may appeal a decision of the building official to grant or deny a permit under this division to the Building and Fire Code Board of Appeal.

Source: Section 13-1-744; Ord. 990225-70; Ord. 031211-11.

(A)

A building permit expires if work authorized by the permit does not begin before the 181st day after the permit is issued. The building official may grant a single 180 extension of the building permit if the permittee requests the extension before the permit expires and demonstrates good cause for the extension.

(B)

A building permit expires if work authorized by the permit begins before the 181st day after the permit is issued but is abandoned or suspended for more than 180 days. The building official may grant a single 180 extension of the building permit if the permittee requests the extension before the permit expires and demonstrates good cause for the extension.

(C)

After a building permit expires, a person may not perform work for which the permit is required.

Source: Section 13-1-743; Ord. 990225-70; Ord. 031211-11; Ord. 20130411-036.

(A)

Except as provided in Subsection (C) of this section, a demolition permit expires if:

(1)

work authorized by the permit does not begin within two years from the date the permit is issued, except as provided in Subsection (C); or

(2)

the demolition is not complete within six months from the date work begins.

(B)

The building official may grant a single one-year extension of a demolition permit if the permittee requests the extension before the permit expires. An extension must be requested in writing, but does not require an application.

(C)

If a demolition permit expires after work has begun, a subsequent demolition permit issued for the same structure expires if the work is not complete within six months or a lesser time if required by the building official based on public health and safety.

(D)

An active demolition permit does not prevent expiration of a site plan under Chapter 25-5, Article 1, Division 5 (Expiration).

Source: Ord. 20130411-036.

(A)

The owner or the owner's general contractor must obtain each building permit inspection described in this section, if applicable.

(B)

Electrical, plumbing, and mechanical inspections may be requested only by the contractor authorized by the permit to perform the work.

(C)

The building official may require the following inspections before issuing a certificate of occupancy:

(1)

structural inspections, including layout, foundation, framing, and wallboard inspections;

(2)

concrete inspections, including sidewalk pre-pour and driveway pre-pour inspections;

(3)

electrical inspections, including slab and rough inspections;

(4)

mechanical inspections, including rough and vent inspections;

(5)

plumbing inspections, including rough, copper, top out, gas, wastewater, and fire line inspections;

(6)

fire inspections, including access and water supply and system rough-in inspections;

(7)

energy inspections, including insulation and infiltration inspections; and

(8)

final inspections, including electric, plumbing, mechanical, energy, concrete, building, fire, health,landscape, and drainage/engineering inspections.

(D)

The building official may require additional inspections if the building official determines that a hazardous condition exists. An inspection under this subsection must be performed by an inspector approved by the building official.

Source: Section 13-1-902; Ord. 990225-70; Ord. 031211-11.

(A)

The owner of a building or structure is responsible for the maintenance of the building, structure, and building service equipment. The owner shall:

(1)

maintain the building, structure, and building service equipment in a safe and sanitary condition; and

(2)

maintain a device or safeguard required by a technical code in the manner required by the technical code under which the device or safeguard was installed.

(B)

The building official may inspect a building or structure to determine compliance with this section.

Source: Section 13-1-732(g); Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided in Subsection (B), a person must obtain a relocation permit to move a building regulated by this title from one site to another or along public right-of-way.

(B)

A relocation permit is not required to move a building that:

(1)

is specifically designed and constructed to be portable;

(2)

has a loaded height of not more than 14 feet and a loaded width of not more than 14 feet.

Source: Section 13-1-745(a)(2) and (g); Ord. 990225-70; Ord. 031211-11.

(A)

A person must submit an application for a relocation permit to the building official on a form prescribed by the building official. The application must include:

(1)

the name, address, and telephone number of the owner of the building to be moved;

(2)

the current address of the building, legal description of the current location of the building, and current use of the building;

(3)

the proposed address of the building, legal description of the proposed location of the building, and proposed use of the building.

(B)

In addition to the application, an applicant must submit:

(1)

a tax certificate indicating that delinquent taxes are not due on the property from which the building is removed or the property to which the building is to be moved;

(2)

a floor plan of the building to be moved; and

(3)

if the building is to be relocated within the city's zoning jurisdiction, a plot plan of the proposed location showing all required setbacks and measurements.

(C)

An applicant for a relocation permit must pay the application fee and deposit established by separate ordinance.

Source: Sections 13-1-745(h)(1) and (2) and 13-1-745(i)(1) and (2); Ord. 990225-70; Ord. 031211-11.

(A)

The building official shall submit each application for a relocation permit to affected city departments for review. The departments shall provide the building official with a recommendation on issuance of the permit.

(B)

The applicant may amend the application if it is disapproved.

Source: Section 13-1-745(k); Ord. 990225-70; Ord. 031211-11.

(A)

The building official shall inspect the building to be moved and the proposed location of the building to determine whether the move complies with applicable city ordinances.

(B)

The building official may not issue a permit if the building official determines that:

(1)

the structure cannot safely be moved; or

(2)

the structure cannot be made to comply with city ordinances in its proposed location.

Source: Section 13-1-745(l); Ord. 990225-70; Ord. 031211-11.

The building official may deny a permit application submitted by a mover who knowingly and repeatedly violates the provisions of this title.

Source: Section 13-1-745(m); Ord. 990225-70; Ord. 031211-11.

The building official shall issue a relocation permit if the building official determines that:

(1)

the proposed relocation complies with applicable regulations;

(2)

the applicant has paid required fees and deposits; and

(3)

the applicant has obtained all required building permits.

Source: Sections 13-1-741 and 13-1-745(i)(1); Ord. 990225-70; Ord. 031211-11.

An interested party may appeal the decision of the building official to approve or deny a relocation permit to the Building and Fire Code Board of Appeal.

Source: Section 13-1-744; Ord. 990225-70; Ord. 031211-11.

A permittee may not transfer or attempt to transfer a permit or right granted under this division.

Source: Section 13-1-745(n); Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided in Subsection (B), a building may be moved only by a moving contractor who is bonded and insured in accordance with City rules.

(B)

A person other than a moving contractor may move a building described in Section 25-11-141(B) (Relocation Permit Requirement). A person who moves a building under this subsection must comply with applicable provisions of this division.

Source: Section 13-1-745(a)(1) and (j); Ord. 990225-70; Ord. 031211-11.

The name, address, and telephone number of the person or firm performing the move must be permanently and prominently displayed:

(1)

on the vehicles, dollies, beams, and trailers used in the move; and

(2)

during the move, on the rear of the structure being moved.

Source: Section 13-1-745(a)(3); Ord. 990225-70; Ord. 031211-11.

The permittee shall post one copy of the permit on a building before the building is moved. The permit must remain on the building throughout the move.

Source: Section 13-1-745(o); Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided in Subsection (B), a person may move a building or portion of a building on a street within the City only between the hours of 12:00 midnight and 6:30 a.m.

(B)

The building official may provide written authorization for a person to move a building during hours other than between 12:00 midnight and 6:30 a.m. if the building official determines that the building may be quickly and safely moved without public inconvenience because of the size of the building, the loading method used, and the route to be used.

Source: Section 13-1-745(b)(1) and (2); Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided in Subsection (B), a permittee moving a building along a public right-of-way in the City shall be accompanied by a uniformed police escort.

(B)

A permittee may move a building without a police escort if the permittee obtains written authorization from the building official and the chief of police.

(C)

A permittee shall comply with an order or direction given by a police officer escorting the move.

(D)

After the move has been completed, the escorting police officer shall file a written report of the move with the building official.

(E)

Unless waived in writing by the director of the Electric Utility Department, a person moving a building that exceeds 17 feet 6 inches in height when loaded shall be escorted by personnel from that department.

(F)

The building official shall charge the deposit paid by the permittee for each officer or city employee escorting the move. The charge is based on the current hourly wage of each officer or employee. The building official shall retain the unused balance of the deposit in an escrow account. The permittee shall promptly remit to the building official the balance due if the deposit does not cover the escort service charges.

Source: Section 13-1-745(c) and (i)(1); Ord. 990225-70; Ord. 031211-11.

A permittee may move a building outside of the City if an in-city move becomes unfeasible.

Source: Section 13-1-745(h)(3); Ord. 990225-70; Ord. 031211-11.

(A)

A building or structure or building service equipment that is moved into or through the City's zoning jurisdiction must comply with the Building Code requirements for relocated buildings.

(B)

A person may not move a substandard or dangerous building into or through the City's zoning jurisdiction.

Source: Section 13-1-745(f) and (p); Ord. 990225-70; Ord. 031211-11.

(A)

The permittee shall maintain the building to be moved and the site to which the building is moved in a clean and safe condition during repair and remodeling.

(B)

Except as provided in Subsection (C), the permittee shall remove from the lot from which a building is removed, all above-grade protrusions, including tree stumps, placed or prefabricated concrete, and piers and beams from the foundation.

(C)

The permittee may file a written request with the building official to retain concrete on a site from which a building is removed. The request must be filed not later than the 15th day after a building is removed and must include a justification for the request. The building official shall provide a written determination to the permittee not later than the 14th day after receipt of a request.

(D)

The permittee shall restore the lot from which a building is moved to a clean and raked condition not later than the 15th day after removal of a building.

Source: Section 13-1-745(d); Ord. 990225-70; Ord. 031211-11.

(A)

The permittee is responsible for damage to public or private property caused by the moving of a building under this division.

(B)

The permittee shall restore damaged property to the condition that the property was in before the damage occurred.

(C)

If the permittee does not restore the damaged property as required by this section on or before the 10th day after receiving notice of the damage from the building official, the building official may make the necessary repairs. The permittee is responsible for costs incurred by the City.

Source: Section 13-1-745(e); Ord. 990225-70; Ord. 031211-11.

A permittee may not cut or trim a tree or shrub located on or over:

(1)

a public right-of-way or public land without written permission from the Parks and Recreation Department; or

(2)

private property without written permission of the owner or person in control of the property.

Source: Section 13-1-745(e); Ord. 990225-70; Ord. 031211-11.

In this article:

(1)

ALTERATION means any exterior change, demolition, or modification to a historic landmark or to a contributing property located within a historic area (HD)combining district, including, but not limited to:

(a)

exterior changes to or modifications of structures, architectural details, or visual characteristics;

(b)

construction of new structures;

(c)

disturbance of archeological sites or areas; or

(d)

placement or removal of exterior objects that affect the exterior qualities of the property.

(2)

ARCHITECTURAL FEATURE means an architectural element, which alone or as part of a pattern, embodies the style, design, or general arrangement of the exterior of a building or structure, including but not limited to the kind, color, and texture of building materials, and style and type of windows, doors, lights, porches, and signs.

(3)

CERTIFICATE means a certificate of appropriateness issued by the City approving work on, relocation of, or demolition of a historic structure, historic or archeological site, or a contributing structure within a historic area (HD) combining district.

(4)

COMMISSION means the Historic Landmark Commission.

(5)

CONTRIBUTING STRUCTURE means a building, structure, site, feature, or object within a designated historic area (HD) combining district which has been designated as a contributing structure by the ordinance creating the district, or within a National Register District.

(6)

DEMOLITION BY NEGLECT means lack of maintenance of any building or structure designated as a historic landmark (H) or any building or structure designated by ordinance as contributing to a historic area (HD) combining district that results in deterioration and threatens the preservation of the structure.

(7)

HISTORIC AREA COMBINING DISTRICT means a district approved by the Council through an ordinance which contains a geographically definable area, possessing particular architectural, cultural, or historic importance or significance. A historic area (HD) combining district must consist, at a minimum, of one block-face.

(8)

ORDINARY REPAIR OR MAINTENANCE means any work that does not constitute an exterior change in design, material, or outward appearance, and includes in-kind replacement or repair with the same original material.

(9)

OWNER OR PROPERTY OWNER means the record owner of a property within an existing or proposed historic landmark (H) or historic area (HD) combining district or an agent of the property owner.

Source: Chapter 13-2 Division 4, Part B; Ord. 990225-70; Ord. 031211-11; Ord. 041202-16; 20090806-068.

(A)

Until a person obtains a certificate of appropriateness from the Commission or the building official, the person may not:

(1)

change, restore, rehabilitate, alter, remove, or demolish an exterior architectural or site feature of a designated historic landmark or a contributing structure, whether or not a building or demolition permit is required, and including but not limited to the replacement of windows, doors, exterior siding materials, installation of shutters or exterior lighting, or the replacement of roof materials;

(2)

change, restore, remove or demolish an exterior architectural or site feature of a structure for which a designation is pending under Section 25-11-214 (Pendency Of Designation); or

(3)

construct a new, standalone, ground-up structure on a historic landmark (H) property or within a historic area (HD) combining district.

(B)

Except for a change to the exterior color of a historic landmark, the prohibition of Subsection (A) does not apply if the historic preservation officer determines that a change or restoration:

(1)

is ordinary repair or maintenance that does not involve changes in architectural and historical value, style, or general design;

(2)

is an accurate restoration or reconstruction of a documented missing historic architectural element of the structure or site, unless a variance or waiver is requested; or

(3)

does not visually affect the historic character of the structure or site from an adjacent public street, and is limited to the construction of:

(a)

a ground-floor, one-story addition or outbuilding with less than 600 square feet of gross floor area;

(b)

a second-story rear addition to a two-story building, so long as the addition is not visible from an adjacent public street; or

(c)

a pool, deck, fence, back porch enclosure, or other minor feature.

(C)

A criminal penalty for a violation of this section applies only to a person who has actual or constructive notice that:

(1)

the structure is a designated historic landmark or contributing structure; or

(2)

a designation is pending under Section 25-11-213 (Pendency Of Designation).

Source: Sections 13-2-760(a), 13-2-760(d), 13-2-761(a), 13-2-762(b), and 13-2-762(d); Ord. 990225-70; Ord. 031211-11; Ord. 041202-16; 20090806-068; Ord. No. 20221115-049, Pt. 7, 11-28-22.

(A)

In this section "National Register Historic District" means an area designated in the Federal Register under the National Preservation Act of 1966, as amended, for which maps depicting the area are available for inspection by the public at the Neighborhood Planning and Zoning Department.

(B)

Except as provided in Subsection (C), this section applies to a building, structure, or site:

(1)

located in a National Register Historic District;

(2)

listed in a professionally prepared survey of historic structures approved by the historic preservation officer;

(3)

individually listed in the National Register of Historic Places;

(4)

designated as a Recorded Texas Historic Landmark, a State Archeological Landmark, or a National Historic Landmark;

(5)

designated as a historic landmark (H)combining district;

(6)

located within a historic area (HD) combining district; or

(7)

determined by the historic preservation officer to have potential for designation as a historic landmark.

(C)

This section does not apply to a structure if the historic preservation officer determines that the structure:

(1)

is less than 50 years old;

(2)

does not meet at least two of the criteria for designation as a historic landmark (H) combining district prescribed by Section 25-2-352(A)(3)(b) (Historic Designation Criteria); and

(3)

is not a contributing structure in a historic area (HD) combining district.

(D)

When the building official receives an application requesting a building permit, relocation permit, or demolition permit for a structure to which this section applies, the building official shall immediately:

(1)

notify the historic preservation officer; and

(2)

upon receipt of notification by the historic preservation officer that the application will be placed upon the Commission's agenda, the building official shall post a sign on the site and notify property owners, residents, and registered neighborhood associations in accordance with Section 25-1-133(A).

(E)

The historic preservation officer shall complete the review of an application for a demolition, relocation, or building permit within five business days of receipt of a complete application, and determine whether to place the application on the Commission agenda.

(F)

The Commission shall hold a public hearing on an application described in Subsection (D) within 60 days of receipt of a complete application.

(G)

The building official shall not issue a building permit, relocation permit, or demolition permit for a structure to which this section applies until the earlier of:

(1)

the date the Commission makes a decision not to initiate a historic zoning designation case regarding the structure;

(2)

the date on which the Commission approves an application for a certificate of appropriateness, or makes recommendations on an application for a building permit;

(3)

except as provided in Subsection (G)(4), the expiration of 75 days after the date of the first Commission meeting at which the application is posted on the agenda; or

(4)

the expiration of 180 days after receipt of a complete application for a contributing structure within a National Register Historic District or a pending historic area (HD) combining district.

(H)

If the Commission makes a decision to initiate a historic zoning designation case, a designation becomes pending on the structure under Section 25-11-214.

(I)

The historic preservation officer may approve applications for each of the following:

(1)

Building permits for properties located within a National Register Historic District which are considered minor projects, such as:

(a)

construction of a one-story ground-floor addition or outbuilding with no more than 600 square feet of gross floor area;

(b)

construction of a second-story rear addition to a two-story building or structure if the addition is not visible from an adjacent public street; or

(c)

construction of a pool, deck, fence, back porch enclosure, or other minor feature.

(2)

Demolition permits for minor outbuildings within a National Register Historic District such as carports, detached garages, sheds, greenhouses, and other outbuildings determined by the historic preservation officer not to possess historical or architectural significance either as a stand-alone building or structure, or as part of a complex of buildings or structures on the site.

(3)

Demolition or relocation permits for properties deemed non-contributing to the historic character of a National Register Historic District.

(J)

The building official may not release a demolition or relocation permit for a building or structure deemed contributing to a National Register Historic District or a historic area (HD) combining district until the Commission has reviewed and made recommendations on the application for a building permit for the site, unless the building official determines that demolition or relocation is necessary for reasons related to public safety.

(K)

For properties subject to Section 25-11-212 (Certificate Required), the historic preservation officer and the commission shall consider the United States Secretary of the Interior's Standards for Rehabilitation, 36 Code of Federal Regulations Section 67.7(b), and:

(1)

except as provided in Subsection (K)(2), the historic design standards and the supplemental standards, if any; or

(2)

for a property located within an area designated as an historic area (HD) combining district prior to the effective date of this ordinance, the design standards applicable to that district.

(L)

Owners of properties located within a National Register Historic District are not required to comply with the historic design standards for new construction or alterations to existing contributing buildings; however, projects within such districts subject to the requirements of this section are subject to advisory review by the historic preservation officer and the commission, which shall consider the historic design standards in making their recommendations.

Source: Section 13-2-763; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 041202-16; 20090806-068; Ord. 20111215-091; Ord. 20130829-106; Ord. No. 20221115-049, Pt. 8, 11-28-22.

(A)

A building, structure, or site is subject to this article if a designation as a historic landmark is pending. A permit issued for abuilding, structure, or site while a designation as a historic landmark is pending is void.

(B)

A designation is pending under Subsection (A) on the occurrence of the earliest of the following:

(1)

two members of the Commission direct the historic preservation officer in writing to place the building, structure, or site on the Commission's agenda for consideration of whether the building, structure, or site should be designated as a historic landmark; or

(2)

Commission agenda is posted that includes Commission consideration of whether the building, structure, or site should be designated as a historic landmark.

(3)

a Commission agenda is posted that includes Commission consideration of an application for a demolition, relocation, or building permit concerning the building, structure, or site.

(C)

A written order issued by a member of the Commission under Section (B)(1) must address:

(1)

whether the structure should be considered for historic zoning;

(2)

whether the status quo of the structure should be maintained pending historic zoning proceedings; and

(3)

whether, if the status quo is not maintained pending historic zoning proceedings, the zoning of the structure as historic may become moot.

(D)

A designation is no longer pending if:

(1)

the Commission issues a final certificate of appropriateness, or a demolition, relocation, or building permit, as applicable;

(2)

the Commission does not make a final decision on whether to recommend designation of the structure as a historic landmark by the 75th day after the date of the first Commission meeting at which an item is posted on the agenda for action on an application for demolition, relocation, or historic zoning;

(3)

the Commission makes a final decision to recommend that the structure not be designated a historic landmark; or

(4)

the council makes a final decision not to designate the structure as a historic landmark.

(E)

The historic preservation officer shall provide the building official with a copy of each written order, agenda, or preservation plan described in Subsection (B), as promptly as practicable. The failure to do so does not validate a building permit, relocation permit, or demolition permit issued without notice of the written order or agenda.

(F)

If a permit from the City is not required for the change to the structure, the historic preservation officer must provide notice to the owner of the structure of a written order, or agenda that applies to the change.

(1)

Notice under this subsection may be oral or written.

(2)

Notice under this subsection is effective:

(a)

when actually given; or

(b)

when sent by registered or certified mail, return receipt requested, addressed to the owner.

(G)

An applicant or owner entitled to notice under this section may appeal the Commission action under this section to the council consistent with the requirements of Chapter 25-1, Article 7, Division 1 (Appeals).

Source: Section 13-2-762; Ord. 990225-70; Ord. 031211-11; 20090806-068.

(A)

The building official must notify the historic preservation officer before the building official may issue a permit to demolish or relocate a structure.

(B)

The director of the Watershed Protection and Development Review Department must notify the historic preservation officer of the filing of a site plan that indicates the demolition or removal of a structure.

Source: Ord. 041202-16.

(A)

The owner, or other person having legal custody and control of a designated historic landmark or contributing structure in a local historic district or National Register Historic District, shall preserve the historic landmark or contributing structure against decay and deterioration and shall keep it free from any of the following defects:

(1)

Parts which are improperly or inadequately attached so that they may fall and injure persons or property;

(2)

Deteriorated or inadequate foundation;

(3)

Defective or deteriorated floor supports or floor supports that are insufficient to carry the loads imposed;

(4)

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;

(5)

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;

(6)

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;

(7)

Deteriorated, crumbling, or loose exterior stucco or mortar, rock, brick, or siding;

(8)

Broken, missing, or rotted roofing materials or roof components, window glass, sashes, or frames, or exterior doors or door frames; or

(9)

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

(B)

The owner or other person having legal custody and control of a designated historic landmark or contributing structure in a local historic district or National Register Historic District shall, in keeping with the city's minimum housing standards, repair the landmark or structure if it is found to have any of the defects listed in Subsection (A) of this section.

(C)

The owner or other person having legal custody and control of a designated historic landmark, or a building, object, site, or structure located in a historic district, or a contributing structure in a local historic district or National Register Historic District, shall keep the property clear of all vermin, weeds, fallen trees or limbs, debris, abandoned vehicles, and all other refuse as specified under the City Code Chapter 9-1 (Abandoned Property and Vehicles), and Chapter 10-5 (Miscellaneous Public Health Regulations), Articles 2, 3, and 4.

(D)

The owner of a residence with a homestead exemption as defined under state law may apply to the city council for an exemption from the requirements of this section. The city council may grant an exemption on a showing of financial inability to comply with the requirements of this section. An exception under this subsection may be limited in time and may be subject to terms and conditions deemed necessary by the city council.

Source: Ord. 20090806-068.

(A)

The historic preservation officer and the Commission are authorized to work with a property owner to encourage maintenance and stabilization of the structure and identify resources available before taking enforcement action under this section.

(B)

Except as provided in Subsection (C), the following procedures apply to enforcement of this chapter.

(1)

The Commission or the historic preservation officer may initiate an investigation of whether a property is being demolished by neglect.

(2)

Upon initiation of an investigation, the historic preservation officer shall:

(a)

attempt to meet with the property owner to inspect the structure and discuss the resources available for financing any necessary repairs; and

(b)

prepare a report for the Commission on the condition of the structure, the repairs needed to maintain and stabilize the structure, and the amount of time needed to complete the repairs.

(3)

The Commission shall review the historic preservation officer's report and may vote to certify the property as a demolition by neglect case.

(4)

If the Commission certifies the property as a demolition by neglect case, the historic preservation officer shall take the following actions.

(a)

Send notice to the property owner or the property owner's agent, by certified mail, describing the required repairs and specifying:

(i)

that repairs must be started within 60 days; and

(ii)

a date by which repairs must be completed, as determined by the historic preservation officer.

(b)

Meet with the property owner within 90 days after the notice is sent, if the historic preservation officer determines that it would be useful to discuss progress in making repairs and consider any issues that may delay completion of repairs.

(5)

The historic preservation officer may refer a demolition by neglect case to the Building and Standards Commission, the City Attorney, or the appropriate city department for enforcement action to prevent demolition by neglect if the property owner fails to:

(a)

start repairs by the deadline set in the notice;

(b)

make continuous progress toward completion; or

(c)

complete repairs by the deadline set in the notice.

(6)

The historic preservation officer shall provide notice of a referral under Subsection (B)(5) of this section to the property owner. The owner may appeal the historic preservation officer's referral to the city council.

(C)

If immediate enforcement is necessary to prevent imminent destruction or harm to a designated historic landmark or contributing structure, the historic preservation officer may refer the structure or landmark to the appropriate city department to enforce this chapter and to seek correction of any condition prohibited under Subsection 25-11-216 (Duty to Preserve and Repair).

Source: Ord. 20090806-068.

(A)

A person may not violate a requirement of this article. Pursuant to Section 214.0015 (Additional Authority Regarding Substandard Buildings) of the Texas Local Government Code, a person who violates a requirement of this article commits a civil offense, and is civilly liable to the City in an amount not to exceed $1,000 per day for each violation or an amount not to exceed $10 per day for each violation if the property is the owner's lawful homestead.

(B)

A person who violates this article commits an offense. An offense under this article is a Class C misdemeanor punishable as provided in Section 1-1-99 (Offenses; General Penalty).

(C)

An action to enforce the requirements of this article may include injunctive relief and may be joined with enforcement of applicable City technical codes under Chapter 25-12 (Technical Codes).

(D)

If a building, object, site or structure covered by this section is required to be demolished as a public safety hazard and the owner has received two (2) or more notices of violation under Subsection 25-11-217(B), no application for a permit for a project on the property may be considered for a period of three years from the date of demolition of the structure.

Source: Ord. 20090806-068.

(A)

This section applies to an application under Section 25-11-212 (Certificate Required).

(B)

If the commission determines that the proposed work will not adversely affect a significant architectural or historical feature of the designated historic landmark or historic area combining district:

(1)

the commission shall issue a certificate of appropriateness; and

(2)

the commission shall provide the certificate to the building official not later than the 30th day after the date of the public hearing.

(3)

the building official shall provide the certificate to the applicant not later than the fifth day after the day the building official receives the certificate from the commission.

(C)

If the commission determines that the proposed work will adversely affect or destroy a significant architectural or historical feature of the designated historic landmark or historic area combining district:

(1)

the commission shall notify the building official that the application has been disapproved; and

(2)

the commission shall, not later than the 30th day after the date of the public hearing notify the applicant of:

(a)

the disapproval; and

(b)

the changes in the application that are necessary for the commission's approval.

(D)

For properties subject to Section 25-11-212 (Certificate Required), the historic preservation officer and the commission shall consider the United States Secretary of the Interior's Standards for Rehabilitation, 36 Code of Federal Regulations Section 67.7(b), and:

(1)

except as provided in Subsection (D)(2), the historic design standards and the supplemental standards, if any; or

(2)

for a property located within an area designated as historic area (HD) combining district prior to the effective date of this ordinance, the design standards applicable to that district.

(E)

Owners of properties located within a National Register Historic District are not required to comply with the historic design standards for new construction or alteration to existing contributing buildings; however, projects within such districts subject to the requirements of Section 25-11-213 (Building, Demolition, and Relocation Permits and Certificates of Appropriateness Relating to Certain Buildings, Structures or Sites) are subject to advisory review by the historic preservation officer and the commission, which shall consider the historic design standards in making their recommendations.

Source: Section 13-2-760(b)(2) and (3), and (c)(4); Ord. 990225-70; Ord. 000629-103; Ord. 031211-11; Ord. No. 20221115-049, Pt. 9, 11-28-22.

(A)

This section applies to an application under Section 25-11-241(C) (Application For Certificate).

(B)

The commission shall consider:

(1)

the state of repair of the building;

(2)

the reasonableness of the cost of restoration or repair;

(3)

the existing or potential usefulness, including economic usefulness, of the building;

(4)

the purpose of preserving the structure as a historic landmark;

(5)

the character of the neighborhood; and

(6)

other factors the commission determines to be appropriate.

(C)

The commission shall issue a certificate to the building official if the commission determines that:

(1)

the interest of historic preservation will not be adversely affected by the demolition or removal; or

(2)

the interest of historic preservation can be best served by the removal of the structure to another identified location,

(D)

The building official shall notify the applicant not later than the fifth day after the certificate is issued.

Source: Section 13-2-761(a); Ord. 990225-70; Ord. 031211-11.

If the commission fails to act as provided by Section 25-11-243 (Action on Certificate of Appropriateness) or Section 25-11-244 (Action on a Certificate of Demolition or Removal) by the 60th day after the receipt of the application by the commission, the building official shall issue the necessary certificate to the applicant.

Source: Section 13-2-760(b)(4), (c)(5), and 13-2-761(b); Ord. 990225-70; Ord. 031211-11.

(A)

If an application for a certificate of appropriateness is denied by the commission, an application for a certificate of appropriateness on the same historic landmark may not be filed before the first anniversary of the date that the certificate of appropriateness was denied, unless the applicant states in writing that:

(1)

conditions have changed; or

(2)

each change in the application required by the commission under Section 25-11-243(C)(2)(b) (Action on a Certificate of Appropriateness) has been made.

(B)

If an application for a certificate of demolition or a certificate of removal is denied by the commission, an application for a certificate of demolition or a certificate of removal on the same historic landmark may not be filed before the first anniversary of the date that the certificate of demolition or certificate of removal was denied.

Source: Section 13-2-760(b)(6), and (c)(7), and 13-2-761(c); Ord. 990225-70; Ord. 031211-11.

(A)

An interested party may appeal an action of the commission under Section 25-11-243 (Action on a Certificate of Appropriateness) or Section 25-11-244 (Action on a Certificate of Demolition or Removal), or an action of the building official under Section 25-11-245 (Issuance of Certificate by Building Official) to the land use commission.

(B)

A decision by the land use commission on an appeal may be appealed to the council.

(C)

Except as provided by Subsection (D), an appeal must be made in accordance with the appeal procedures in Chapter 25-1, Article 7, Division 1 (Appeals).

(D)

This subsection applies only to an appeal of the issuance of a certificate of demolition or a certificate of removal.

(1)

An interested party may file an appeal not later than the 60th day after the date of the decision.

(2)

While an appeal is pending under this subsection, the building official may not issue a permit for the demolition or removal of the landmark.

Source: Section 13-2-760(e), 13-2-761(d); Ord. 990225-70; Ord. 031211-11; Ord. 20060622-128.

(A)

A change may not be made in the application for a permit or the approved building plans or materials after Commission review of a National Register District permit or after a certificate of appropriateness has been issued, unless the change is approved by the Commission and the applicant receives a certificate of appropriateness for the change.

(B)

The procedure for obtaining a certificate of appropriateness for a change is the same as for obtaining the initial certificate of appropriateness.

Source: Section 13-2-760(b)(5), and (c)(6); Ord. 990225-70; Ord. 031211-11; 20090806-068.

For purposes of the time limits for action in Sections 25-11-213, 25-11-214, and 25-11-245, a postponement requested or agreed to by the owner or his agent tolls the running of the time limit from the date of the request until the meeting to which the case has been postponed.

Source: Ord. 20090806-068.