Granbury City Zoning Code
ARTICLE 6
Special Districts
§ 6.1 PD - Planned Development District.
6.1.A
Central Description & Purpose
The Planned Development District (PD) is a district which accommodates planned associations of uses developed as integral land use units such as industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PD District may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this Ordinance. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.
6.1.B
Permitted Uses
Any use permitted in this Ordinance shall be permitted in a PD District if such use is specified in the amending Ordinance granting a PD District. The size, location, appearance, and method of operation may be specified to the extent necessary to ensure compliance with the purpose of this Ordinance.
6.1.C
Planned Development Requirements
1.
Development requirements for each PD District shall be set forth in the amending Ordinance granting that PD District and shall include, but may not be limited to; uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the City Council and Planning and Zoning Commission may deem appropriate.
2.
In the PD District, uses shall conform to the standards and regulations of the base zoning district to which it is most similar. The particular zoning district must be stated in the granting ordinance. All applications to the City shall list all requested variances from the standard requirements set forth throughout this Ordinance (applications without this list will be considered incomplete).
3.
The Ordinance granting a PD District shall include a statement as to the purpose and intent of the PD granted therein. A specific list is required of variances in each district or districts and general statement citing the reason for the PD request.
4.
The Planned Development District shall conform to all other sections of this Ordinance unless specifically excluded in the granting ordinance.
5.
The minimum net acreage for a planned development request shall be three (3) acres.
6.1.D
Establishment
In establishing a Planned Development District in accordance with this section, the City Council shall approve and file as part of the amending Ordinance appropriate plans and standards for each Planned Development District. To facilitate understanding of the request during the review and public hearing process, the Planning and Zoning Commission and City Council may require a Conceptual Plan and/or a Development Plan. A Concept Plan is optional and is considered as being only an informative document that does not represent documentation that initiates an approval process. The applicant may choose to forego preparation and presentation of a concept plan; and may submit a Development Plan, that will represent a part of the official zoning application for Planned Development zoning.
6.1.E
Development Plan
1.
This plan shall set forth the final plans for development of the Planned Development District and may conform substantially to data presented on a previously submitted Conceptual Plan.
2.
If an agreement cannot be reached by the Commission regarding whether a Development Plan conforms to the original Concept Plan, the Planning and Zoning Commission shall follow the procedures for public hearing for zoning change before final recommendation to the City Council of approval of the Development Plan. Approval of the Development Plan by the City Council shall be the basis for issuance of a building permit, but does not release the applicant of the responsibility to submit plans to the Chief Building official for a building permit.
3.
The Development Plan may be submitted for the total area of the PD.
4.
The Development Plan must be recommended for approval by the Planning and Zoning Commission and approved by the City Council as part of the zoning application and shall require public hearings and consideration as any zoning amendment.
6.1.F
Contents of the Development Plan
1.
The Development Plan shall include:
b.
A scale drawing showing:
(1)
any proposed public or private streets and alleys;
(2)
building sites or lots;
(3)
areas reserved as parks, parkways, playgrounds;
(4)
utility easements;
(5)
school sites;
(6)
street widening and street changes;
(7)
points of ingress and egress from existing streets;
(8)
general location and description of existing and proposed utility services, including size of water and sewer mains;
(9)
the location and width for all curb cuts; and
(10)
the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with a topographical contour interval of not more than five feet (5').
c.
A site plan showing those elements as tabulated in Section 11.11.D - Site Plan Elements for proposed building complexes showing:
(1)
the location of separate buildings;
(2)
the minimum distance between buildings;
(3)
the minimum distance between building and property lines;
(4)
street and alley lines;
(5)
the arrangement and provision of off-street parking; and
(6)
the size and location for ingress and egress to any nonresidential uses.
e.
An architectural plan showing building elevations and signage style to be used throughout the development in all districts. For Planned Development Districts (Section 6.1 - Special Districts) requested by an applicant under this Ordinance, the applicant shall submit to the City a development restriction document approved by the City (‘PD Restriction’); which necessitates that those construction and design standards, voluntarily presented to the Planning & Zoning Commission and City Council to support their development proposal, will be constructed. The PD Restriction will bind those construction design elements, to the property. Construction design elements shall include: building elevations; exterior building materials, their placement and apportionment as depicted on the building elevations; accessory building regulations; sign constructions standards; tree preservation and landscaping standards, parking standards or any construction design standard tabulated on the approved Planned Development or accompanying document. The PD Restriction shall be filed with the approved Planned Development in the Deed Records, Hood County, Texas, and shall be administered by the City as if those construction design elements itemized in the Planned Development, Development Plan, were codified and incorporated with the City of Granbury Zoning Ordinance. Upon recording of the PD Restriction in the Deed Records, Hood County, Texas, the obligation shall be a covenant running with the land and may only be modified or vacated by mutual agreement of the 1.) City, and 2. Owner, Owners Association, other entity which has legal signatory authority to modify or vacate the Planned Development.
f.
All Development Plans may have supplemental data describing standards, regulations or other data pertinent to the development of the PD District which is to be included in the text of the amending Ordinance.
6.1.G
Procedure
The procedure for establishing a Planned Development District shall follow the procedure for zoning amendments as set forth in Section 2.3. This procedure is further expanded as follows for approval of Conceptual and Development Plans.
1.
The Planning and Zoning Commission and City Council may approve the Conceptual Plan and the Development Plan or any section of the Development Plan, separately or jointly in public hearings. A single public hearing for the PD request is adequate when:
a.
The applicant submits adequate data with the request for the Planned Development District to fulfill the requirement for a Development Plan; or
b.
Information on the Conceptual Plan and attached application is sufficient to determine the appropriate use of the land and the Development Plan will not deviate substantially from it.
2.
The Ordinance establishing the Planned Development District shall not be approved until the Development Plan is approved.
3.
The Development Plan may be approved in sections. When the Plan is approved in sections, then separate approvals by the Planning and Zoning Commission and City Council for the initial and subsequent sections will be required.
4.
A Development Plan shall be submitted for approval within eighteen (18) months after the approval of the Conceptual Plan for some portion of the Conceptual Plan. If a partial Development Plan is not submitted within twelve (12) months, the Conceptual Plan is subject to review by the Planning and Zoning Commission and City Council.
5.
If the project is not started within five (5) years, the Planning and Zoning Commission and City Council may review the original Concept Plan to ensure its continued validity. If the City determines the concept is not valid, a new Concept Plan must be approved prior to issuing a building permit for any portion of the PD District.
6.
Although a public hearing may not be required for the Development Plan, approval by the Planning and Zoning Commission and City Council is still required.
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6.1.H
Consideration
When a PD District is being considered, a written staff report discussing the impact on planning, engineering, water utilities, electric utilities, sanitation, building inspection, tax, police, fire, and traffic may be submitted to the Planning and Zoning Commission prior to the Commission making any recommendations to the City Council.
All Planned Development Districts approved in accordance with the provisions of this Ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map, and a list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained as part of this ordinance.
(Ordinance 16-65 adopted 12/6/16; Ordinance 19-77 adopted 11/5/19)
§ 6.2 HPO - Historic Preservation Overlay District.
6.2.A
Purpose
The Historic Preservation Overlay (HPO) District provides for a zoning designation within this Ordinance for identifying and protecting structures and sites of historic significance, which are located in the Historic Preservation Overlay District.
The City Council of Granbury hereby declares that as a matter of public policy the protection, enhancement, and perpetuation of landmarks or districts of historical and cultural importance and significance is necessary to promote the economic, cultural, educational, and general welfare of the public. It is recognized that the Historic Preservation Overlay (HPO) District and other landmarks as designated pursuant to this ordinance represent the unique confluence of time and place that shaped the identity of generations of citizens, collectively and individually, and produced significant historic, architectural, and cultural resources that constitute their heritage. This Section of the Zoning Ordinance is intended to:
1.
Protect and enhance the landmarks and districts which represent distinctive elements of Granbury’s historic, architectural, and cultural heritage;
2.
Foster civic pride in the accomplishments of the past;
3.
Protect and enhance Granbury’s attractiveness to visitors and the support and stimulus to the economy thereby provided;
4.
Insure the harmonious, orderly, and efficient growth and development of the city;
5.
Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the city;
6.
Encourage stabilization, restoration, and improvements of such properties and their values;
7.
Protect and preserve the architectural and historical integrity of those properties located within the Historic Preservation Overlay (HPO) District.
6.2.B
Boundary Description
The boundaries of the Historic Preservation Overlay (HPO) District are delineated on the official zoning map and the Boundary Description map, contained herein. Additional parcels may be added to the official zoning map as sites outside of the original boundary are identified and rezoned.
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6.2.C
General District Regulations & Requirements
The regulations as established in the underlying districts shall apply unless otherwise modified in these district regulations.
6.2.D
Prohibited Uses
With the exception of the prohibited uses listed below, the uses permitted in the Historic Preservation Overlay (HPO) District shall be those permitted in the underlying Districts shown with this District in Article 4, Permitted Uses. The following uses shall be prohibited in the Historic Preservation District:
1.
Convalescent, Rest, Nursing Home
2.
Athletic Stadium or Field
3.
Cemetery
4.
Halfway House
5.
School, Institutional, Rehabilitation Training
6.
Auto Leasing or Rental
7.
Auto Parts Sales, Outside
8.
Auto Repair, Major
9.
Auto Repair, Minor
10.
Auto Sales, Used
11.
Auto Sales, New
12.
Boat Sales, New or Used
13.
Boat Repair
14.
Motorcycle Sales and Service, New or Used
15.
Recreational Vehicle Sales and Service, New or Used
16.
Trailer Rental
17.
Truck Sales, Heavy
18.
Feed Store
19.
Kennel, with or without Outside Pens
20.
Laundromat, Self-serve
21.
Nursery, Retail with Outside Storage
22.
Paint Shop
23.
Pawn Shop
24.
Tattoo Parlor/Body Piercing Studio
25.
Tattoo Establishment, cosmetic
26.
Veterinarian Clinic, with or without outside pens
27.
Amusement Arcade, including Video and 8-liners
28.
Private Stable
29.
Hospital
30.
Sanitarium
31.
Laboratory, Medical
32.
Small Tractor and Small Implement Sales and Service and Repair, New
33.
Small Tractor and Small Implement Sales and Service and Repair, Used
6.2.E
Historic Preservation Commission
There is hereby created a commission to be known as the Granbury Historic Preservation Commission.
1.
The City Council shall appoint not more than seven (7) members of the Historic Preservation Commission under the guidelines listed herein:
2.
Members of the Historic Preservation Commission shall elect a chairman annually at its first regular meeting in December.
3.
A minimum of four (4) members of the Commission must be owners of a landmark or of property in a historic district. One member may be a member of the Hood County Historical Commission. The remaining voting members of the Commission must be residents of the City of Granbury or own real property located within the corporate limits of the City of Granbury, Texas; however, this requirement shall not apply to the member representing the Hood County Historical Committee.
4.
The term of membership of the Historic Preservation Commission shall be two (2) years with four members being appointed in even years and three members being appointed in odd years. The City Council may reappoint members as the terms of membership expire.
5.
Three (3) members owning a landmark or property in a historic district and one (1) other member of the Commission shall constitute a quorum.
6.
The Commission shall be empowered to:
a.
Make recommendations for employment of staff and professional consultants as necessary to carry out the duties of the Commission.
b.
Prepare rules and procedures as necessary to carry out the business of the commission, which shall be ratified by the City Council.
c.
Adopt criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts, which shall be ratified by the City Council.
d.
Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the city.
e.
Recommend the designation of resources as landmarks and historic districts.
f.
Create committees from among its membership and delegate to these committees responsibilities to carry out the purposes of this ordinance.
g.
Maintain written minutes which record all actions taken by the Commission and the reasons for taking such actions.
h.
Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers.
i.
Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.
j.
Make recommendations to the city government concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city.
k.
Approve or disapprove of applications for Certificates of Appropriateness pursuant to this ordinance.
l.
Prepare and submit annually to the Council a report summarizing the work completed during the previous year.
m.
Prepare specific design guidelines for the review of landmarks and districts.
n.
Recommend the acquisition of a landmark structure by the city government where its preservation is essential to the purpose of this act and where private preservation is not feasible.
o.
Propose tax abatement program(s) for landmarks or districts.
p.
Accept on behalf of the city government the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation, subject to the approval of the City Council.
q.
Make a recommendation to help determine the eligibility and length of ad valorem tax exemptions for applications, including landmarks submitted under the Historic Neighborhood Improvement Zone Program.
7.
The Commission shall meet at least monthly, if business is at hand. Special meetings may be called at any time by the Chairman (or mayor) or on the written request of any two Commission members.
6.2.F
Designated Office for Related Administrative Procedures
The Community Development Department shall serve as the office for the administration of these regulations and advise the Historic Commission on related matters. The City of Granbury, through the Community Development Department, may utilize in-house staff or contract using those individuals whose expertise are required to deliberate on specific, related matters.
In addition, the Community Development Department will be responsible for coordinating the city’s preservation activities with those of state and federal agencies and with local state, and national preservation organizations.
6.2.G
Designation of Historic Landmarks
1.
These provisions pertaining to the designation of historic landmarks constitutes a part of the comprehensive zoning plan of the City of Granbury.
2.
Property owners of proposed historic landmarks shall be notified prior to the Commission hearing on the recommended designation. At the Commission’s public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic landmark.
3.
Upon recommendation of the Commission, the proposed historic landmark shall be submitted to the Zoning Commission within sixty (60) days from the date of submittal of designation request. The Zoning Commission shall give notice and conduct its hearing on the proposed designation within sixty (60) days of receipt of such recommendation from the Commission. Such hearing shall be in the same manner and according to the same procedures as specifically provided in the general zoning ordinance of the City of Granbury. The Zoning Commission shall make its recommendation to the City Council within forty-five (45) days subsequent to the hearing on the proposed designation.
4.
The City Council shall schedule a hearing on the Commission’s recommendation to be held within forty-five (45) days of receipt of the recommendation of the Zoning Commission. The City Council shall give notice, follow the publication procedure, hold hearings, and make its determination in the same manner as provided in the general zoning ordinance of the City of Granbury.
5.
Upon designation of a building, object, site, or structure as a historic landmark or district, the City Council shall cause the designation to be recorded in the Official Public Records of Real Property of Hood County, the tax records of the City of Granbury, and the Hood County Appraisal District as well as the official zoning maps of the City of Granbury. The official zoning map shall indicate the designated landmarks with an appropriate mark.
6.2.H
Designation or Expansion of Historic Districts
1.
The provisions pertaining to the designation or expanding of historic districts constitute a part of the comprehensive zoning plan of the City of Granbury.
2.
Property owners within a proposed historic district shall be notified prior to the Commission hearing on the recommended designation. At the Commission’s public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic district.
3.
The Commission may recommend the designation of a district if it:
a.
Contains properties and an environmental setting which meet one or more of the criteria for designation of a landmark; and,
b.
Constitutes a distinct section of the city.
c.
Upon recommendation of the Commission, the proposed historic district shall be submitted to the Zoning Commission within sixty (60) days from the date of submittal of designation request. The Zoning Commission shall give notice and conduct its hearing on the proposed designation within sixty (60) days of receipt of such recommendation from the Commission. Such hearing shall be in the same manner and according to the same procedures as specifically provided in the general zoning ordinance of the City of Granbury. The Zoning Commission shall make its recommendation to the City Council within forty-five (45) days subsequent to the hearing on the proposed designation.
4.
The City Council shall schedule a hearing on the Commission’s recommendation to be held within forty-five (45) days of receipt of the recommendation of the Zoning Commission. The City Council shall give notice, follow the publication procedure, hold hearings and make its determination in the same manner as provided in the general zoning ordinance of the City of Granbury.
5.
Upon designation of a historic district the City Council shall cause the designated boundaries to be recorded in the Official Public Records of Real Property of Hood County, the tax records of the City of Granbury and the Hood County Appraisal District as well as the official zoning maps of the City of Granbury. All zoning maps should indicate the designated historic district by an appropriate mark.
6.2.I
Criteria for the Designation of Historic Landmarks and Districts
A historic landmark or district may be designated or expanded if it:
1.
Possesses significance in history, architecture, archeology, and culture.
2.
Is associated with events that have made a significant contribution to the broad patterns of local, regional, state or national history.
3.
Is associated with the lives of persons significant in our past.
4.
Embodies the distinctive characteristics of a type, period, or method of construction.
5.
Represents the work of a master designer, builder, or craftsman.
6.
Represents an established and familiar visual feature of the city.
6.2.J
Certificate of Appropriateness Required for Alteration, Demolition or New Construction Affecting Landmarks or Historic Districts, and for Exterior Displays Including Landscaping and Merchandise
No person shall carry out any construction, demolition, reconstruction, alteration (including color of paint), restoration, rehabilitation, or relocation of any historic landmark or any property within the Historic Preservation Overlay (HPO) nor shall any person make any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from a public right-of-way which affect the appearance and cohesiveness of any historic landmark or any property within the Historic Preservation Overlay (HPO) without a Certificate of Appropriateness (C. of A.). Further, no person shall display any landscape or merchandise on the sidewalk within the Historic Preservation Overlay (HPO) without a Certificate of Appropriateness. If the applicant does not make the necessary correction, provide the city all the necessary documentation or does not pay the required fees prior to the published application deadline, the application will be deemed incomplete and not be considered by the City.
Staff may approve a Certificate of Appropriateness (C. of A.) request for those items specifically earmarked for “staff approval” in the published Historic Design Guidelines only, provided that the: 1.) Application is complete and submitted prior to the application deadline, and 2.) All necessary fees have been paid. If, the Historic Preservation Officer does not approve the C. of A. within five (5) calendar days of the application deadline, the application will be automatically scheduled for the next regularly scheduled Historic Commission meeting once the application is deemed complete and all necessary fees are paid.
In requesting staff approval, the Historic Preservation Officer may also choose at his or her discretion to forward the applicant’s request to the Historic Commission for a hearing, deliberation and formal approval.
Applicants who have obtained an approved Certificate of Appropriateness (C. of A.) issued by the Historic Commission within the Historic Preservation Overlay (HPO) would not be required to obtain a Special Exception from the Zoning Board of Adjustment (ZBA) regarding Section 11.7 - Exterior Building Materials, Roof and Articulation Standards, as the C. of A. is controlling and shall govern the procedures and requirements administered under Section 11.7.
6.2.K
Criteria for Approval
In considering an application for a Certificate of Appropriateness, the Commission shall be guided by any adopted design guidelines, and where applicable, the following from The Secretary of the Interior’s Standards for the Rehabilitation of Historic Buildings. Any adopted design guidelines and Secretary of the Interior’s Standards shall be made available to the property owners of historic landmarks or within historic districts, and will be made available at the City of Granbury’s Community Development Department.
1.
Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object, or site and its environments.
2.
The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3.
All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4.
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5.
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible.
6.
Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
7.
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8.
Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.
9.
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.
10.
Wherever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired.
6.2.L
Application Procedure and Fee
1.
Prior to the commencement of any work requiring a Certificate of Appropriateness the owner shall file an application for such a certificate with the Commission and shall pay a fee. An application fee shall be collected as established pursuant to the City of Granbury Fee Schedule, as amended. If the application is for a certificate for a sign, the owner shall pay an additional fee if the certificate is approved, according to a fee schedule based on the size of the sign. The schedules are included in a document entitled “Procedures for Granbury Historic Districts and Historic Landmarks Certificate of Appropriateness.” The application shall contain:
a.
Name, address, telephone number of applicant, detailed description of proposed work.
b.
Location and photograph of the property and adjacent properties.
c.
Elevation of drawings of the proposed changes, if available.
d.
Samples of materials to be used.
e.
If the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination (if any), and a plan showing the location of the sign on the property.
f.
Any other information which the Commission may deem necessary in order to visualize the proposed work.
2.
No building permit shall be issued for such proposed work until a Certificate of Appropriateness has first been issued by the Commission. The Certificate of Appropriateness required by this ordinance shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of Granbury.
3.
The Commission shall review the application at a regularly scheduled meeting within sixty (60) days from the date the application is received, at which time an opportunity will be provided for the applicant to be heard. The Commission shall approve, deny or approve with modifications the permit within forty-five (45) days after the review meeting. In the event the Commission does not act within ninety (90) days of the receipt of the application, a permit may be granted.
4.
All decisions of the Commission shall be in writing. The Commission’s decision shall state its findings pertaining to the approval, denial, or modification of the application. A copy shall be sent to the applicant. Additional copies shall be filed as part of the public record on that property and dispersed to appropriate city departments, e.g. building inspection.
5.
Any approved Certificate of Appropriateness that does not have a time limit specified as a condition shall be valid for one (1) year from the date of approval. After one year, the Certificate shall expire and a new application for a separate Certificate of Appropriateness shall be required.
6.
An applicant for a Certificate of Appropriateness dissatisfied with the action of the Commission relating to the issuance or denial of a Certificate of Appropriateness shall have the right to appeal to the City Council within thirty (30) days after receipt of notification of such action. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning ordinance of the city.
6.2.M
Certificate of Appropriateness Required for Demolition
A permit for the demolition of a historic landmark or property within the Historic Preservation Overlay (HPO) district, including secondary buildings and landscape features, shall not be granted by the building inspector or other designated city official without the review and approval of a completed application for a Certificate of Appropriateness of the demolition by the Commission, as provided for in Sections 6.2.J through 6.2.L of this ordinance.
6.2.N
Economic Hardship
1.
After receiving written notification from the Commission of the denial of a Certificate of Appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Commission makes a finding that hardship exists.
2.
When a claim of economic hardship is made due to the effect of this ordinance, the owner must prove that:
a.
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
b.
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and
c.
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
3.
The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the Commission.
4.
The Commission shall hold a public hearing on the application within sixty (60) days from the date the application is received by the Director of the Community Development Department. Following the hearing, the Commission has thirty (30) days in which to prepare a written recommendation to the (building inspector or other official). In the event that the Commission does not act within ninety (90) days of the receipt of the application, a permit may be granted.
5.
All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the City Secretary’s office for public inspection. The Commission’s decision shall state the reasons for granting or denying the hardship application.
6.
An applicant for a Certificate of Appropriateness dissatisfied with the action of the Commission relating to the issuance or denial of a Certificate of Appropriateness shall have the right to appeal to the City Council within thirty (30) days after receipt of notification of such action. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning ordinance of the city.
6.2.O
Enforcement
All work performed pursuant to a Certificate of Appropriateness issued under this ordinance shall conform to any requirements included therein. It shall be the duty of the building inspector or other official to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the Certificate of Appropriateness or upon notification of such fact by the Commission and verification by the building inspector or other official, the building inspector or other employee shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect.
6.2.P
Ordinary Maintenance
Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, unapproved paint color, or outward appearance. In-kind replacement of original material or repair is included in this definition of ordinary maintenance.
6.2.Q
Annual Exterior Inspection
The Historic Preservation Officer, building inspector or other official shall annually inspect exterior of historic landmarks or any property within a historic district to assure compliance with provisions of this ordinance. A file for each property shall be created and reports of annual inspections will be kept on file in the offices of the Community Development of the city.
6.2.R
Minimum Maintenance
Owners of historic landmarks or any property within a historic district shall keep it in good repair.
6.2.S
Demolition By Neglect
No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.
Examples of such deterioration include:
1.
Deterioration of exterior walls or other vertical supports.
2.
Deterioration of roofs or other horizontal members.
3.
Deterioration of exterior chimneys.
4.
Deterioration or crumbling of exterior stucco or mortar.
5.
Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors.
6.
Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.
(Ordinance 16-65 adopted 12/6/16; Ordinance 17-31, ex. A, adopted 5/2/17; Ordinance 23-07 adopted 1/3/2023)
§ 6.3 HCO - Historic Compatibility Overlay District.
6.3.A
Purpose
The purpose of the Historic Compatibility Overlay (HCO) District is to promote building that is consistent and compatible with the structures located in the Historic Preservation Overlay District. While not necessarily of historic significance, structures and sites within the HCO district shall have construction and area requirements similar to and compatible with the standards provided in the HPO district. The architectural tone of the property located within the Historic Compatibility Overlay District generally reflects the history and traditions of single-family residential construction in Granbury. Although commercial uses may be expected in some areas within the HCO district, residential-type buildings predominate. Therefore, new developments should sensitively relate to the residential architectural traditions and characteristics of Granbury.
6.3.B
Boundary Description
The boundaries of the Compatibility Overlay District are delineated on the official zoning map and Boundary of Historic Compatibility Overlay Districts map.
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6.3.C
District Design Guidelines
The regulations of the underlying districts should generally apply unless otherwise provided by the regulations contained in Section 6.3, Historic Compatibility Overlay District.
1.
Placement of a building should fit within the range of front and side yard dimensions existing among adjacent buildings or in the blockface, so that the new building is placed in alignment with neighboring buildings.
2.
Off-street parking should not interrupt the continuity of landscaped front yards and should therefore be placed at the rear of the property or behind the building. Driveways should be located perpendicular to the street, so that the character of landscaped front yards is reinforced.
3.
A building should be of appropriate human-scale, with mass and size similar to those in the adjacent blockface or within the historic overlay district. The height of finished floor from grade should be similar to traditional houses in the vicinity, and should be sufficient to suggest a traditional pier-and-beam foundation. The height of the cornice and the roof ridge(s) should also fit within the range of dimensions of traditional or historic residences in the blockface or district.
4.
Roof forms should be sloping, either hipped or gabled, with an eave overhang dimension that reflects traditional roof conditions.
5.
Exterior building materials should reflect the traditional materials of similar buildings in Granbury: wood siding (horizontal lap or novelty siding); limestone or field stone in traditional dimensions and tooling, or brick in traditional dimensions.
6.
New buildings should be designed so that the facade’s organization closely relates to surrounding or similar buildings. Spacing and size of window and door openings should be similar to their historic counterparts, as should the proportion of window to wall space.
7.
Provide a one-story entrance porch on the front elevation that is scaled similarly to porches on nearby traditional residential buildings. Porches should be designed in dimensions and proportions adequate to create usable space.
8.
New designs should draw upon the traditions of historic styles and designs in the community, but should be seen as products of their own time while being compatible with the historic environment of the block, neighborhood or community.
6.3.D
Permitted Uses
Uses permitted in the Historic Compatibility Overlay District shall be those permitted in the underlying Districts shown in Article 4, Permitted Uses.
6.3.E
Review of Historic Preservation Commission
A Certificate of Appropriateness is not required prior to issuing a building permit in the Historic Compatibility District. The construction of new structures shall be compatible with the guidelines governing the Historic Compatibility Overlay (HCO) District itemized in Section 6.3.C. If the City Manager or his designee feels the guidelines itemized in Section 6.3.C have not been met, they may choose to have the Historic Preservation Commission review the application as a general discussion item prior to issuing a building permit, provided it meets all other development standards. Applicants submitting request which are not in conformance with Section 11.7 - Exterior Building Materials, Roof and Articulation Standards, shall be required to obtain a Special Exception from the Zoning Board of Adjustment as specified herein. The applicant may choose to go before the Historic Commission to obtain advocacy on the request prior to the Zoning Board of Adjustment (ZBA) review and action.
Additionally, the City Manager or his designee may choose to have the Historic Preservation Commission review and approve a Certificate of Appropriateness application prior to the city approving a filed demolition permit for those buildings greater or equal to, fifty (50) years in age.