Residential Additions and Infill within the Old Town Overlay District
Section 3.13 Certificate of Design Compliance
3.13.010 Applicability A. Pursuant to the authority granted to the City by Texas Local Government Code Chapter 211 and the City Charter, a Certificate of Design Compliance is required in the following circumstances before the commencement of development within or work upon any building or structure located within designated areas of the City: 1. Non-Single-Family and Non-Two-Family Residential Structures a. Whenever such work or development to a non-single-family or two-family residential structure requires Site Plan review or any other permit or approval issued under this Chapter; or b. 2. Whenever such work to a non-single-family or two-family residential structure includes the erection, moving, demolition, reconstruction, restoration or alteration of the exterior of any structure or site, except when such work satisfies all the requirements of ordinary maintenance and repair as defined in Section 16.05, Definitions. 2. Single-Family and Two-Family Residential Structures a. Whenever an addition is proposed to the front facade of an existing single-family or two-family residential structure; or b. Whenever construction of a new single-family or two-family residential structure or an addition to an existing residential structure is proposed that will exceed the height limitation or setback standards in Section 4.08.020.B of this UDC; or c. Whenever an addition to an existing single-family or two-family residential structure is proposed that will exceed the maximum square footage allowed per Section 4.08.020.B of this UDC; or d. Whenever construction of a new single-family or two-family residential structure or an addition to an existing single-family or two-family residential structure is proposed that, either alone or in combination with the existing structure, will exceed the maximum floor-to-area-ratio (FAR) ratio allowed per Section 4.08.020.B of this UDC.
Section 4.09 Old Town Overlay District
4.09.020 Applicability Any property within the boundaries of the District that falls within the categories identified in this Section shall meet the standards in the Design Guidelines for the Downtown Overlay District and obtain a Certificate of Design Compliance (Section 3.13) from the Historic and Architectural Review Commission (HARC). B. Certificate of Design Compliance Required 1. A Certificate of Design Compliance from HARC is required for: a. Any exterior alterations to the following types of structures:
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Exhibit 2 i. Commercial structures; ii. Non-residential structures; iii. Bed and Breakfasts; or iv. Residential structures, if such residential structures are used as or changing to non-residential or commercial use. b. Any new construction on vacant properties within the Old Town Overlay District if the property is: i. Zoned for non-residential use; ii. Located in the TH or MF Districts; or iii. Changing from a residential use to a non-residential or commercial use. c. Site changes for non‐residential or commercial uses. d. Construction of single‐family or two‐family residential structures or additions that exceed the limitations of Section 4.09.030.B below.
4.09.030 Development Regulations
The development regulations of the underlying zoning district shall apply in the Old Town Overlay District, except where such regulations are in conflict with the Downtown Design Guidelines and as set forth below. In the event of a conflict between the development regulations of the underlying zoning district and the Downtown Design Guidelines, the Downtown Design Guidelines shall apply. In the event of a conflict between the development regulations of the underlying zoning district and the provisions of this Section, the provisions of this Section shall apply: A. Non-Single-Family and Non-Two-Family Residential Development Regulations A. 1. Parking The parking standards of Table 9.02.030.A shall apply. Alternative parking plans, as described in Section 9.02.050.A of this Code, may be considered. B. 2. Signs The sign standards contained within the Downtown Design Guidelines shall apply. In the event that no standards exist, the standards of this Code shall apply and may be modified in order to more accurately reflect the express language or the intent of the Downtown Design Guidelines with regard to signs. C. 3. Landscaping and Buffering Site landscaping requirements contained within Chapter 8 of this Code shall apply, in conjunction with the design criteria in the Downtown Design Guidelines. B. Single-Family and Two-Family Residential Development Regulations 1. Additions shall not be made to the street facing facade (excluding alleys) of an existing single-family or two-family residential structure within the Old Town Overlay District, unless a CDC is approved by HARC in accordance with the adopted Design Guidelines.
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Exhibit 2 2. Single-family and two-family residential structures within the Old Town Overlay District shall not exceed thirty (30) feet in height. However, HARC may approve a CDC, in accordance with the adopted Design Guidelines, to allow utilization of the height limitation of the underlying zoning district. 3. Upper stories of single-family and two-family residential structures within the Old Town Overlay District are subject to a ten (10) foot side setback and fifteen (15) foot rear setback. However, HARC may approve a CDC, in accordance with the adopted Design Guidelines, to allow utilization of the setback requirements of the underlying zoning district. 4. The square footage of additions to existing single-family and two-family residential structures within the Old Town Overlay District may not exceed thirty percent (30%) of the square footage of the existing structure as of the date of this Ordinance, unless a CDC is approved by HARC in accordance with the adopted Design Guidelines. 5. The floor-to-area-ratio (FAR) of a single-family or two-family residential parcel within the Old Town Overlay District shall not exceed 0.65, unless a CDC is approved by HARC in accordance with the adopted Design Guidelines.
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