HomeMy WebLinkAboutORD 2013-023ORDINANCE NO. 2013 -23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, AMENDING APPENDIX G,
HISTORIC PRESERVATION, SECTION 7 CERTIFICATES
OF APPROPRIATENESS AND SECTION 13 APPEALS OF
THE CITY OF GRAPEVINE CODE OF ORDINANCES;
PROVIDING THAT ALL ORDINANCES IN CONFLICT
HEREWITH ARE HEREBY REPEALED TO THE EXTENT
THEY ARE IN CONFLICT; PROVIDING A PENALTY OF
FINE NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH AN OFFENSE OCCURS OR
CONTINUES; PROVIDING A SAVINGS CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Grapevine has declared that as a matter of public policy,
the protection, preservation, and enhancement of architecturally significant and historic
structures is necessary to promote the economic, cultural, educational, and general
welfare of the citizens of the City of Grapevine; and
WHEREAS, the unique identity of Historic Districts, individual properties with
Historic Landmark Subdistrict Overlays and the Historic Grapevine Township District
and the history of those areas have produced significant, historic, architectural, and
cultural resources; and
WHEREAS additions to existing structures and the construction of new
structures within the Historic Districts, individual properties with Historic Landmark
Subdistrict Overlays and the Historic Grapevine Township District without regard to
design features compatible with the surrounding environment could endanger the
integrity of said districts and properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated herein above are found to be true and
correct and are incorporated herein by reference as if copied in their entirety
Section 2. That Appendix G, Section 7 Certificates of Appropriateness is
hereby amended to read as follows:
"Sec. 7. Certificates of appropriateness.
The commission shall follow the United States Secretary of the Interior's formal
written Standards for the Rehabilitation of Historic Buildings in its consideration
of all applications for certificates of appropriateness for property with an HL
Historic Landmark Subdistrict overlay. These Standards shall be made available
to owners and tenants of property designated as historic.
(a) A person shall not alter a property designated as historic or property
within a historic district, or any portion of the exterior of a structure on the
site, or designated adjacent right -of -way, or place, construct, maintain,
expand or remove any structure on the site without first obtaining a
certificate of appropriateness (CA) in accordance with this ordinance. A
CA shall be obtained prior to the issuance of any building permit, although
the CA review and building permit and other required permit review
processes may be conducted simultaneously. A CA may also be required
for work not otherwise requiring a building permit. The CA shall be
required in addition to, and not in lieu of, any required building permit.
(b) A person shall not place, construct or expand any single family
residential structure on property within the Historic Grapevine Township
District without first obtaining a certificate of appropriateness (CA) in
accordance with this ordinance. A CA shall be obtained prior to the
issuance of any building permit, although the CA review and building
permit review processes may be conducted simultaneously. For the
purposes of this section, single family residential structure shall mean new
single family residential construction, existing single family residences,
and any structure that was originally constructed or occupied as a single
family residence regardless of current use. CA review for properties
within the township which do not have HL overlay shall be only for
compliance with paragraphs (c), (d) and (e) below, and shall not include
review for compliance with the Secretary of the Interior's Standards for
Historic Preservation.
(c) Prior to commencement of any work, the owner shall file an
application for a certificate of appropriateness with the director of
development services. The application shall contain:
Name, address and telephone number of applicant, and address of
affected property if different
Detailed description of proposed work
Current photographs of property (historic photos are also helpful)
Drawings of proposed changes or new construction, and samples of
materials, when appropriate
ORD. NO. 2013 -23 2
Other information deemed necessary by city staff for clarification of the
project
(d) Special provisions for single family residential structures with a
Historic Landmark designation or within the Historic Grapevine Township
District.
New single family residential construction, existing single family
residences, and any structure that was originally constructed or occupied
as a single family residence regardless of current use, any of which are
within a Historic District, have an individual Historic Subdistrict Landmark,
or are within the Historic Grapevine Township District shall comply with
the following provisions:
(1) Submittal Requirements - In addition to any other filing
requirements, Certificate of Appropriateness applications for new
single family residential structures, and additions to single family
structures shall be accompanied by the following documents:
a. Current photographs of the existing property, showing the
full width of the adjacent properties and structures on each
side of the subject property. If the subject property is a
corner lot, a photograph of the structure directly across the
street of the subject property shall be included.
b. A drawing showing the street facing elevations of the
proposed structure along with building elevations of
structures on adjacent properties. If the subject lot is a
corner lot, the drawing shall also include the structure(s)
located directly across the street.
(2) Design requirements - In addition to any applicable regulations
required elsewhere, including but not limited to the Secretary of the
Interior's Standards (applies only to properties with HL Historic
Landmark Subdistrict Overlay), zoning ordinance and building code
the following shall apply:
a. Under no circumstances shall any portion of a roof
exceed 35 feet above grade.
b. Under no circumstances shall the living area of any single
family residence be limited to less than 1,200 square feet.
c. Under no circumstances shall the floor area of all
structures on any lot exceed 3,400 square feet.
ORD. NO. 2013 -23 3
d. With regard to paragraphs b. and c. above, one single
story detached garage or carport (or combination thereof)
not exceeding 500 square feet, and one single story
detached storage building not exceeding 200 square feet
shall not be considered as contributing to total floor area,
provided all other provisions of all other city ordinances are
met, including but not limited to lot coverage.
e. The total area of the second floor of any structure shall
not exceed 65% of the total area of the first floor.
f. Maximum lot coverage for the combined building coverage
occupied by all main and accessory buildings and structures
shall not exceed 40% of the lot area.
g. Sideyard setback plane. No portion of a structure may
extend beyond the sideyard setback planes. For the
purposes of this section, a sideyard setback plane is a plane
that begins 14 feet above the required sideyard setback line,
and slopes upward toward the interior of the lot at a 45
degree angle (1:1 slope).
Exceptions:
1. Chimneys
2. Plumbing and Mechanical vents,
3. Dormers that:
i) are not in excess of eight feet in width
ii) are not closer than six feet to another
dormer; and
iii) do not cause the aggregated width of all
dormers on the same elevation to exceed 20
feet in width
h. Lots shall not be subdivided such that they are less than
50 feet in width.
i. Lots shall not be replatted such that the resulting lot width
of any lot would exceed by more than 20% the average lot
width of all single family residential lots of which any portion
is located within a 300 foot radius of the boundary of the
property being replatted.
ORD. NO. 2013 -23 4
j. In the event of a conflict between any of these
requirements and any other guidelines, rules or ordinances,
the most restrictive requirement shall prevail.
k. Front entry garages are prohibited, unless placed on the
rear one -half of the lot.
(e) Not withstanding other provisions of this section, the Historic
Preservation Commission, upon recommendation of the Historic
Preservation Officer, Director of Development Services and Executive
Director of the Convention and Visitors Bureau may approve minor
adjustments to the requirements of this section. However, under no
circumstances may adjustments be made to 35 foot maximum building
height, 3,400 square foot maximum floor area, or 40% total lot coverage.
(f) The commission shall deny, approve, or approve with conditions any
CA application within 30 days of receipt of a completed application,
determining whether the proposed work is consistent with the regulations
contained in this ordinance, in all applicable ordinances, and in the zoning
ordinance designating the historic landmark. Upon posted notice, and
notification by regular mail at least five days in advance to the immediately
adjacent property owners as that ownership appears on the last approved
tax roll, the commission shall conduct a public hearing on the application,
at which time an opportunity is provided for proponents and opponents of
the application to present their views.
(g) All decisions of the commission shall be in writing, stating its approval
or the specific reasons for denying or modifying any applications. A copy
of the certificate shall be sent to the applicant (by certified mail with return
receipt) and a copy filed with the director of development services."
Section 3. That Appendix G Section 13 Appeals is hereby amended to read
as follows:
"Sec. 13. Appeals.
Any person aggrieved by a decision of the commission relating to hardship or
issuance of certification of appropriateness, may within 30 calendar days of
receipt of the written decision, file a written application with the city council
through the office of the city secretary for review of the decision. The city
council may consider hardships that would otherwise prohibit the applicant from
enjoying the same benefits as other property owners with similar lots and similar
uses. It shall be the responsibility of the applicant to present evidence why there
is a unique hardship upon their property. A recommendation from the historic
preservation commission as to whether the appeal should be approved or denied
ORD. NO. 2013 -23 5
shall be presented by city staff at the public hearing. The city council shall hold
public hearings to consider the appeal. A decision of the city council is final and
not appealable."
Section 4. That any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in
a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a
separate offense shall be deemed committed each day during or on which an offense
occurs or continues.
Section 5. That all ordinances or any parts thereof in conflict with the terms of
this ordinance shall be and hereby are deemed repealed and of no force or effect.
Section 6. That if any section, subsection, sentence, clause or phase of this
ordinance shall for any reason be held to be invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 7. That the fact that the present ordinances and regulations of the
City of Grapevine, Texas are inadequate to properly safeguard the health, safety,
morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas,
creates an emergency for the immediate preservation of the public business, property,
health, safety and general welfare of the public which requires that this ordinance shall
become effective from and after the date of its passage, and it is accordingly so
ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on this the 4th day of June, 2013.
ATTEST:
J di 1C. Brown
CIV Secretary
ORD. NO. 2013 -23 6
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO. 2013-23