(a) 
The purpose of the SFR district is to stabilize and protect the owner-occupied housing characteristics of the district and to promote and encourage a suitable environment for living. Manufactured housing is not permitted in the SFR district.
(b) 
See schedule of uses in Article VIII of this ordinance for permitted and conditional uses.
(c) 
General regulations of the SFR zone are contained in the table below:
SFR DISTRICT
Maximum dwelling units
Five dwelling units per acre
Minimum lot width (street frontage)
50 feet
Minimum lot size (area)
7,500 square feet
Minimum front yard
15 feet
Minimum side yard
10 feet
Minimum side yard, adjacent to street
10 feet
Minimum rear yard
10 feet
Minimum dwelling unit size
1,000 square feet
Maximum lot coverage (all)
50 percent (50%)
Maximum structure height (stories)
2 stories
Maximum structure height (feet)
35 feet
(d) 
Landscaping requirements are contained in the City's landscaping ordinance.
(e) 
Parking requirements are contained in the City's parking ordinance.
(Ordinance 16-0303 adopted 2/1/16; Ordinance 19-0401, att. A, sec. D, adopted 5/3/19; Ordinance 19-0401, att. A, sec. E, adopted 5/3/19)
(a) 
The purpose of the MR district is to provide for owner-occupied single-family housing and also to provide for and to encourage development at higher densities with smaller minimum lot sizes, and duplex, triplex, quadplex, or small multifamily apartment buildings.
(b) 
See schedule of uses in Article VIII of this ordinance for permitted and conditional uses.
(c) 
General regulations of the MR zone are contained in the table below:
MR DISTRICT
Maximum dwelling units
None
Minimum lot width (street frontage)
50 feet
Minimum lot size (area)
8,000 square feet
Minimum front yard
5 feet
Minimum side yard
10 feet
Minimum side yard, adjacent to street
10 feet
Minimum rear yard
15 feet
Minimum dwelling unit size
500 square feet for single-bedroom;
750 for two-bedroom unit
Maximum lot coverage (all structures)
80%
Maximum structure height (stories)
2 stories
Maximum structure height (feet)
35 feet
(d) 
Landscaping requirements are contained in the City's landscaping ordinance.
(e) 
Parking requirements are contained in the City's parking ordinance.
(Ordinance 16-0303 adopted 2/1/16; Ordinance 19-0401, att. A, sec. C, adopted 5/3/19; Ordinance 19-0401, att. A, sec. E, adopted 5/3/19)
(a) 
The purpose of the SF district is to stabilize and protect the owner-occupied housing characteristics of the district and to promote and encourage a suitable environment for living. The SF district includes manufactured housing with design standards for such to create pleasing appearances, and to provide sufficient open space for light, air and recreation.
(b) 
See schedule of uses in Article VIII of this ordinance for permitted and conditional uses.
(c) 
General regulations of the SF zone are contained in the table below:
SF DISTRICT
Maximum dwelling units
Five dwelling units per acre
Minimum lot width (street frontage)
50 feet
Minimum lot size (area)
7,500 square feet
Minimum front yard
15 feet
Minimum side yard
10 feet
Minimum side yard, adjacent to street
10 feet
Minimum rear yard
10 feet
Minimum dwelling unit size
1,000 square feet
Maximum lot coverage (all)
50 percent (50%)
Maximum structure height (stories)
2 stories
Maximum structure height (feet)
35 feet
For Manufactured Houses in SF District*
Maximum lot area
Six dwelling units per acre
Minimum lot width (street frontage)
50 feet
Minimum lot size (area)
4,400 square feet
Minimum front yard
15 feet
Minimum side yard
10 feet
Minimum side yard, adjacent to street
10 feet
Minimum rear yard
10 feet
Minimum dwelling unit size
750 square feet
Maximum lot coverage
60 percent (60%)
Maximum structure height
1 story
*Only double-wide manufactured homes are permitted in SF District.
(d) 
Additional regulations for manufactured housing in the SF zone:
(1) 
A manufactured housing development shall occupy a site of not less than two acres in size.
(2) 
Manufactured housing units shall meet all standards set by the U.S. Department of Housing and Urban Development and shall meet the standards set by the City of Johnson City's Building Code.
(3) 
All manufactured housing units shall provide proper skirting around the base of the home within 30 days of placement on property (no plywood or lattice permitted).
(4) 
All subdivision standards must be met as specified in the city's subdivision regulations.
(5) 
All manufactured housing units shall be installed per ordinance [chapter] 1201 of the Texas Occupations Code; and Title 10, ordinance [chapter] 80 of the Texas Administrative Code, as amended.
(6) 
A manufactured home within the city limits may be replaced with a manufactured home no older than five (5) years from the date of installation.
(e) 
Landscaping requirements are contained in the City's landscaping ordinance.
(f) 
Parking requirements are contained in the City's parking ordinance.
(Ordinance 16-0303 adopted 2/1/16; Ordinance 19-0401, att. A, sec. E, adopted 5/3/19)
(a) 
The purpose of the M district is to encourage the most appropriate use of land for manufactured housing development purposes, to encourage design standards which will create pleasing appearances, and to provide sufficient open space for light, air and recreation.
(b) 
See schedule of uses in Article VIII of this ordinance for permitted and conditional uses.
(c) 
General regulations of the M zone are contained in the table below:
M DISTRICT*
Maximum lot area
Six dwelling units per acre
Minimum lot width (street frontage)
50 feet
Minimum lot size (area)
4,400 square feet
Minimum front yard
20 feet
Minimum side yard
10 Feet
Minimum side yard, adjacent to street
10 Feet
Minimum rear yard
20 feet
Minimum dwelling unit size
750 square feet
Maximum lot coverage
60 percent (60%)
Maximum structure height
1 story
*Both double-wide and single-wide manufactured homes are permitted in the M District.
(d) 
Additional regulations of the M zone:
(1) 
A manufactured housing development shall occupy a site of not less than two acres in size.
(2) 
Manufactured housing units shall meet all standards set by the U.S. Department of Housing and Urban Development and shall meet requirement[s] set by the City of Johnson City Building Code.
(3) 
All manufactured housing units shall provide proper skirting around the base of the home within 30 days of placement on property (no plywood or lattice permitted).
(4) 
All subdivision standards must be met as specified in the city's subdivision regulations.
(5) 
All manufactured housing units shall be installed per chapter 1201 of the Texas Occupations Code; [and] Title 10, chapter 80 of the Texas Administrative Code.
(6) 
A manufactured home within the city limits may be replaced with a manufactured home no older than five (5) years.
(e) 
Landscaping requirements are contained in the City's landscaping ordinance.
(f) 
Parking requirements are contained in the City's parking ordinance.
(Ordinance 16-0303 adopted 2/1/16; Ordinance 19-0401, att. A, sec. E, adopted 5/3/19)
(a) 
The purpose of the CD district is to focus on the heart of the neighborhood and to encourage a mix of uses that support the surrounding residential neighborhood.
(b) 
See schedule of uses in Article VIII of this ordinance for permitted and conditional uses.
(c) 
General regulations of the CD zone are contained in the table below:
CD DISTRICT
Minimum lot size (area)
None
Minimum lot width (street frontage)
50 feet
Minimum lot depth
80 feet
Minimum front yard
10 feet
Minimum side yard
10 feet
Minimum side yard, adjacent to street
10 feet
Maximum lot coverage
60 percent (60%)
Maximum structure height
3 stories
(d) 
Additional requirements:
(1) 
All uses within this district shall be of a retail, service or office character.
(2) 
All business shall be conducted entirely within a building. Outside storage and/or display of any type shall be prohibited unless in accordance with the outdoor storage section of this ordinance.
(3) 
Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be screened on at least three sides by fence, planting or other suitable visual barrier.
(4) 
All exterior lighting designed for security, illumination, parking lot illumination or advertising and which is placed within this zoning district shall be designed in such a manner as to ensure that is [it] does not extend into adjacent residentially zoned properties.
(5) 
A privacy fence shall be erected between residential and commercial lots.
(e) 
Landscaping requirements are contained in the City's landscaping ordinance.
(f) 
Parking requirements are contained in the City's parking ordinance.
(Ordinance 16-0303 adopted 2/1/16)
(a) 
The purpose of the HC district is to create centers of activity including shopping, services, recreation, employment, public uses, and institutional facilities supported by and serving an entire region. It is intended for use on tracts directly adjacent to Highway 281 and Highway 290. It is specifically envisioned to handle a mixture of commercial and office uses along highway corridors. The unique characteristics of this development are its high concentration of activity requiring extensive planning and engineering for ingress and egress to the development site coupled with the need for extensive off-street parking, loading and maneuvering areas. Development in the HC district will serve the needs of locals and visitors.
(b) 
See schedule of uses in Article VIII of this ordinance for permitted and conditional uses.
(c) 
General regulations of the HC district are contained in the table below:
HC DISTRICT
Minimum lot area
None
Minimum lot width
None
Minimum lot depth
200 feet
Minimum front yard
5 feet
Minimum side yard
15 feet
Minimum side yard, adjacent to SF, MR, MH districts
15 feet plus one additional foot for each additional one foot in height above 15 feet
Minimum rear yard
10 feet
Minimum rear yard, adjacent to SF, MR, MH districts
25 feet
Maximum lot coverage
75 percent (75%)
Maximum structure height
2 stories
Maximum density/residential units per acre
18
(d) 
Additional requirements:
(1) 
All uses within this district shall be of a retail, service, or office character. A mixture of uses may be undertaken provided they occur within a unified development project.
(2) 
All businesses shall be conducted entirely within a building, with the exception of outdoor seating for a restaurant. Outside storage and/or display of any type shall be prohibited unless in accordance with the outdoor storage section of this ordinance.
(3) 
All exterior lighting designed for security, illumination, parking lot illumination or advertising and which is placed within this zoning district shall be designed in such a manner as to ensure that is [it] does not extend into adjacent residentially zoned properties.
(4) 
Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be screened on three sides by fence, planting, or other suitable visual barrier.
(5) 
If development within this district is configured as a pedestrian mall, either indoor or outdoor, sales from small stand-alone booths, kiosks, stands, carts or other display devices shall be permitted within the pedestrian walking areas of the mall. This zoning district is intended to permit the aggregation of a wide array of retail marketing activities to include arts and crafts. Sidewalk or interior mall displays and sales of these types of products and activities is permitted and encouraged.
(6) 
If development within this district is configured as a pedestrian mall, the location of sidewalk-type cafes shall be permitted within this district in pedestrian walkways.
(7) 
A site plan shall be required for any construction in the HC district.
(e) 
Landscaping requirements are contained in the City's landscaping ordinance.
(f) 
Parking requirements are contained in the City's parking ordinance.
(Ordinance 16-0303 adopted 2/1/16)
(a) 
The purpose of the IP district is to provide for a range of light industrial uses including assembling, research and development, warehousing and distribution. The IP district also accommodates support services for industrial development such as office, commercial and professional services. Regulations are designed to ensure compatibility among the various uses allowed in the IP district and to protect adjacent nonindustrial development from potentially incompatible uses and conditions.
(b) 
See schedule of uses in Article VIII of this ordinance for permitted and conditional uses.
(c) 
General regulations of the IP district are contained in the table below:
IP DISTRICT
Minimum lot area
None
Minimum lot width
None
Minimum lot depth
None
Minimum front yard
30 feet
Minimum side yard
20 feet
Minimum rear yard
Ten feet
Minimum side yard, adjacent to SF, MR, MH districts
50 feet
Maximum lot coverage
60 percent (60%)
Maximum structure height
65 feet
(d) 
Additional requirements:
(1) 
All exterior lighting designed for security, illumination, parking lot illumination or advertising and which is placed within this zoning district shall be designed in such a manner as to ensure that is [it] does not extend into adjacent residentially zoned properties.
(2) 
Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be totally encircled or screened by fence, planting or other suitable visual barrier.
(3) 
No industrial operation or use shall cause, create or allow the emission of air contaminants which at the emission point or within the bounds of the property are:
a. 
In violation of the standards specified by the Texas Commission on Environmental Quality (TCEQ) including but not limited to those in the Texas Administrative Code Title 30 or standards specified by the Texas Department of Health, including but not limited to those contained in the Texas Administrative Code Title 25; or
b. 
Of such capacity [opacity] as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in subsection (d)(3)a above, except that when the presence of steam is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the outside atmosphere, performance shall be considered in compliance with this section.
(4) 
The emission of particulate matter from all sources shall not exceed the level specified by TCEQ regulations including but not limited to those in the Texas Administrative Code Title 30 or the regulations specified by the Texas Department of Health including but not limited to those in Texas Administrative Code Title 25.
(5) 
Open storage and open processing operations, including on-site transportation movements which are the source of wind- or air-borne dust or other particulate matter; or which involve dust or other particulate air contaminant generating equipment including but not limited to paint spraying, grain handling, sand or gravel processing or storage or sand blasting, shall be so conducted such that dust and other particulate matter so generated are not transported across the boundary property line of the tract on which the use is located.
(6) 
No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the property line boundary or any point beyond the tract on which such use or operation is located. The odor threshold shall be determined by observation. In any case, where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, a majority of the Planning and Zoning Commission shall determine whether the odor threshold has been crossed.
(7) 
No commercial or industrial use involving the manufacture or storage of petrochemical compounds or products which decompose by detonation shall be permitted in the city, except that chlorates, perchlorates, phosphorous, and similar substances and compounds in quantities of one gallon or less for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the zoning official and the fire department. The storage of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film solvents and petrochemical products for industrial purposes shall be allowed only after a conditional use permit for such use has been granted in conformance with the terms of Article IV of this ordinance.
(8) 
No commercial or industrial operation or use permitted under the terms of this ordinance shall emit toxic or noxious matter in concentrations across the boundary property line of the tract on which such operation or use is located.
(9) 
No use permitted under the terms of this ordinance shall at any time create earth-borne vibration which when measured at the boundary property line of the source operation exceeds the limits of the displacement set forth in the table below:
Table 1. Displacement Limits for Vibration
Frequency Cycles Per Second
Displacement in Inches
0 to 10
0.0010
10 to 20
0.0007
20 to 30
0.0005
30 to 40
0.0004
40 and over
0.0003
(10) 
No use or operation shall be located or conducted so as to produce intense glare or direct illumination across the boundary property line from a visible source of illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of the adjacent property.
(e) 
Landscaping requirements are contained in the City's landscaping ordinance.
(f) 
Parking requirements are contained in the City's parking ordinance.
(Ordinance 16-0303 adopted 2/1/16)
(a) 
The purpose of the DO district overlay is to recognize the historical, cultural and aesthetic importance of certain buildings, structures or districts within the city. The City Council desires to protect and preserve such landmarks of both historical and cultural preservation and the city's economic well-being. This district does not replace the requirements set forth in Johnson City's Historic District Ordinance. It serves to reinforce those regulations, and to also continue the rustic and pedestrian-oriented characteristics of the Historic District beyond the Historic District's boundaries to create a downtown core area.
(b) 
The DO overlay district encourages pedestrian-friendly design through the incorporation of architectural elements such as awnings, porches, and sidewalk displays. A mix of land uses, such as retail, professional services, public, and institutional uses are encouraged and permitted.
(c) 
Structural renovations, maintenance, enhancement, tear-down, and new construction should be in harmony with the characteristics of the rest of the district.
(d) 
See the City of Johnson City's Historic District, on file at City Hall, for regulations within areas of the Downtown District Overlay that overlap the Historic District.
(e) 
General regulations of the Downtown District Overlay are detailed in the table below.
DO DISTRICT
Minimum lot size (area)
None
Minimum lot width
None
Minimum lot depth
None
Minimum front yard
None
Minimum side yard
–
Minimum rear yard
–
Minimum side yard, adjacent to SF, MR, M districts
–
Maximum lot coverage
80 percent (80%)
Maximum structure height
35 feet
(f) 
Architectural standards are as follows:
(1) 
Use of brick/masonry, solid wood planking, and fiber cement siding are permitted. Materials used should be in keeping with the rest of the district to maintain historic character of the downtown area.
(2) 
Permitted building elements include gallery, awning, porch, stoop, balcony.
(3) 
A minimum 30% transparency is required for the building facade.
(g) 
Landscaping requirements are contained in the City's landscaping ordinance.
(h) 
Parking requirements are contained in the City's parking ordinance.
(Ordinance 16-0303 adopted 2/1/16)
(a) 
The PUD district is a zoning district that allows flexibility in development standards and accommodates multiple uses as integrated land use units either by a single owner or a combination of owners. A PUD district may be used to permit new or innovative concepts in land use not permitted by other zoning districts, to ensure the compatibility of land uses, and to allow for the Adjustment of changing demands to meet the current needs of the community by meeting one or more of the following purposes:
(1) 
To provide flexibility in the planning and construction of development projects by allowing a combination of uses developed in accordance with an approved plan that protects adjacent properties;
(2) 
To provide an environment within the layout of a site that contributes to a sense of community and a coherent living style;
(3) 
To encourage the preservation and enhancement of natural amenities and cultural resources; to protect the natural features of a site that relate to its topography, shape, and size; and to provide for open space;
(4) 
To provide for a more efficient arrangement of land uses, buildings, circulation systems, and infrastructure;
(5) 
To encourage infill projects and the development of sites made difficult for conventionally designed development because of shape, size, abutting development, poor accessibility, or topography.
(b) 
The following evaluation and design criteria will be applied to master site plans in the PUD district:
(1) 
Insofar as practicable, the landscape shall be preserved in its natural state by minimizing tree and soil removal.
(2) 
Proposed buildings shall be sited harmoniously to the terrain and to other buildings in the vicinity that have a visual relationship to the proposed buildings.
(3) 
In regards to vehicular and pedestrian circulation and parking, special attention shall be given to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, and the arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the design of the proposed structures and neighboring properties.
(4) 
Private streets and gates may be approved as part of the application but are not required.
(5) 
The maximum height of structures shall be as prescribed for each land-use category or category of uses.
(6) 
Setbacks shall be governed by the PUD district plan.
(7) 
A minimum of twenty (20) percent of gross platted area shall be open green space/parkland. This shall include community recreational areas that are continuously maintained. Open space shall not include areas specifically designated or used as parking lots, garages, streets, or driveways.
(8) 
Lighting. All outdoor lighting shall be shielded to limit impacts on residential units and reduce light pollution.
(9) 
Utilities and infrastructure shall meet the standards of Johnson City's subdivision regulations and most recently adopted International Codes.
(c) 
The zoning of a PUD district shall be that shown on the development site plan approved and made a part of the adoptive ordinance and any written special conditions within or attached to the adoptive ordinance or development plan. The ordinance granting a PUD district shall include a statement as to the purpose and intent of the PUD district granted therein, as well as a general statement citing the reason for the PUD request.
(Ordinance 16-0303 adopted 2/1/16)
(a) 
The purpose of the MH district is to allow for a mix of smaller-scale housing units that are affordable. The MHD district fosters a sense of community by allowing small lot sizes and incorporating community amenities, and recreational facilities and open space.
(b) 
The primary permitted use is a micro single-family dwelling, and an accessory structure that is incidental to the primary structure on the lot.
(c) 
MH design and evaluation criteria shall be the same, as applicable, as the design and evaluation criteria set forth in PUD district regulations. An approved site development plan is required.
(d) 
The zoning of a MHD district shall be that shown on the approved development site plan and made a part of the adoptive ordinance and any written special conditions within or attached to the adoptive ordinance or development plan.
(e) 
The minimum size of a micro housing dwelling unit shall be 300 square feet; the maximum size will be 750 square feet.
(f) 
Landscaping requirements are contained in the City's landscaping ordinance.
(g) 
Parking requirements are contained in the City's parking ordinance.
(Ordinance 16-0303 adopted 2/1/16)
(a) 
The Garden Housing District (GHD) allows for zero-lot line single-family, detached dwellings.
(b) 
Permitted uses include single-family dwellings and accessory structures that correspond with single-family use. See schedule of uses in Article VIII of this ordinance for permitted and conditional uses.
(c) 
General regulations are detailed below:
GHD DISTRICT
Minimum lot size (area)
None
Lot width
40-50 feet
Minimum lot depth
None
Minimum front yard
None
Minimum side yard
5 feet
Minimum rear yard
15 feet from rear lot line to nearest building line
Maximum lot coverage
60 percent (60%)
Maximum structure height
35 feet
(d) 
Landscaping requirements are contained in the City's landscaping ordinance.
(e) 
Parking requirements are contained in the City's parking ordinance.
(Ordinance 16-0303 adopted 2/1/16)
(a) 
The purpose of the Public Facilities District is to provide for the siting of public parks and recreational facilities so as to preserve open space and unique cultural and historic features, and to provide for the siting of governmental buildings of the City, County, State, or Federal governments. This district provides also for other public and institutional uses, regardless of public or private ownership, such as EMS and fire stations, health care facilities, schools and churches. With City Council approval, this zoning classification may be applied to properties situated in any other district within the city limits.
(b) 
As it is a federal operation, the Lyndon B. Johnson National Historic Park, located in the City's corporate limits and in its extraterritorial jurisdiction, is exempt from, and accordingly not subject to, the city's zoning regulations, including rezoning. The Park area shall be described as a public facility district for City map classification purposes only.
(c) 
See Article VIII. Schedule of Uses for permitted and conditional uses.
(d) 
Landscaping requirements are contained in the City's landscaping ordinance.
(e) 
Parking requirements are contained in the City's parking ordinance.
(Ordinance 19-0401, att. A, sec. A, adopted 5/3/19)
Historic overlay district; “H.”
An area which has outstanding historical and cultural significance in the State, region, or City, within which the buildings, structures, accessory buildings, fences, or other appurtenances are of basic and vital importance for the development of culture and tourism because of their association with history, including:
(1) 
Historic structures, sites, or areas within which the buildings, structures, appurtenances, and places exemplify the cultural, political, economic, or social history of the State, region, or City.
(2) 
Historic structures, sites, or areas that are identified with the lives of historic personages or with important events in State, regional, or local history.
(3) 
Structures or areas that embody the distinguishing characteristics of an architectural type specimen as to color, proportion, form, and architectural details.
Historic landmark; “HL.”
A place which has outstanding historical and cultural significance in the nation, region, or City. The designation “historic landmark” recognizes that the historic place or the building(s), structure(s), accessory building(s), fences, or other appurtenances at the place, are of basic and vital importance for the preservation of culture and the development of tourism.
(Ordinance 21-1201 adopted 12/7/21)
(a) 
Designation of historic districts.
The city council designates the area notated on the city's official Zoning Map as the “Historic Overlay District.” The Historic Overlay District shall bear the word “Historic” in its zoning designation, and such designation shall be in addition to any other Zoning District designation established in the Zoning Ordinance. All Zoning Maps shall reflect the Historic Overlay District by the letter “H.”
(b) 
Criteria for designation of Historic Overlay District.
In making the designation of an area as a historic district, the city council shall consider one or more of the following criteria:
(1) 
Character, interest, or value as part of the development, heritage, or cultural characteristics of the city;
(2) 
Location as the site of a historical event;
(3) 
Embodiment of distinguishing characteristics of an architectural type or specimen;
(4) 
Relationship to other distinctive buildings, sites, districts, or structures which are historically significant and preserved, or which are eligible for preservation;
(5) 
Unique location of singular physical characteristics represents an established and familiar visual feature of a neighborhood, community, or the city;
(6) 
Value as an aspect of community sentiment of public pride; and
(7) 
Identification with a person or persons who significantly contributed to the development or culture of the city.
(c) 
Designation of historic landmarks.
After public notice and hearing, the city council may from time-to-time designate certain places in the city as historic landmarks. Such places shall bear the word “Historic” in their zoning designation, and such designations shall be in addition to any other Zoning District designation established in the Zoning Ordinance. All Zoning Maps shall reflect the historic landmark by the designation “HL.”
(d) 
Criteria for designation of historic landmark.
In making the designation of a place as a historic landmark, the city council shall consider the criteria set forth in Subsection (b) of this section.
(Ordinance 21-1201 adopted 12/7/21)
(a) 
Creation; composition.
The Planning and Zoning Commission of the city shall serve as the Historic Review Board, hereinafter the “Board.” In addition to its planning and zoning duties, the Commission shall assume all duties and perform all functions of the Board as contained and described in this division. All references to the “review board,” or “historic review board” or the “board” in this division are to the Planning and Zoning Commission.
(b) 
Functions.
The Board shall act in an advisory capacity only, and shall have no power to bind the city by contract or otherwise. It shall be the function of the Board to advise the city council concerning all applications for certificates of review in Historic Overlay Districts or Historic Landmarks.
(Ordinance 21-1201 adopted 12/7/21)
(a) 
No person or entity shall install, construct, reconstruct, alter, change, restore, remove, or demolish any exterior architectural feature of any historic landmark or of any building or structure located within a Historic Overlay District unless application is made for a certificate of review and such a certificate is granted by the city council.
(b) 
The applicant shall submit to the Board an application in writing for a certificate of review that includes data and information required by the city council, including, but not limited to, the following:
(1) 
Name of the applicant and the property owner;
(2) 
Mailing address of the applicant and permanent address of the property owner;
(3) 
Location of the property to be altered or repaired;
(4) 
A detailed description of the nature of the proposed external alteration or repair to be completed;
(5) 
The intended and desired starting date and completion date of the alterations or repairs to be made; and
(6) 
A drawing or sketch of the proposed external alteration, if applicable.
(c) 
Applications that are incomplete or not in compliance with the city Building Code, restrictions, and other City Ordinances shall be returned to the applicant for completion and compliance.
(d) 
All applications shall be subject to review by the Board and action by the city council. The Board shall review the applications for all certificates of review and determine whether the applications are in conformance with this division. With the exception of Subsection (e) hereof, the city council shall approve, approve with conditions, or deny all applications within sixty (60) days of application submittal.
(e) 
For a permit to demolish or move a historic landmark or building within a Historic Overlay District or any other Zoning District, the city council shall render a decision within one hundred twenty (120) days after receipt of a completed application.
(Ordinance 21-1201 adopted 12/7/21)
In determining the recommendation and action on an application for a certificate of review, the Board and City Council shall consider the following matters:
(1) 
The effect of the proposed change upon the general historic, cultural, and architectural nature of the District or landmark;
(2) 
The appropriateness of exterior architectural features that can be seen from a public street, alley, or walkway;
(3) 
The general design, scale, arrangement, texture, and material of the building or structure and the relation of such factors to similar features of buildings or structures in the District. The criteria shall not be the aesthetic appeal of the structure or the proposed remodeling, but rather, its conformity to the general character of the particular historic area involved;
(4) 
The character of the Historic Overlay District or Landmark for all signs;
(5) 
Preservation of the value of the Historic Overlay District or Landmark, as the area of unique interest and character;
(6) 
The general and specific Standards for Rehabilitation and Guidelines for Applying the Standards for Rehabilitation, as issued by the Secretary of the Interior; and
(7) 
The importance of balancing the current needs of the property owner with the importance of approving plans that will be economically reasonable for the property owner.
(Ordinance 21-1201 adopted 12/7/21)
(a) 
It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, relocate, restore, demolish, raze, or maintain any building, structure, accessory building, fence or other appurtenance in a Historic Overlay District or Historic Landmark in violation of the provisions of this division. The city may institute any appropriate action or proceeding to prevent such unlawful construction, reconstruction, structural alteration, remodeling, renovation, restoration, relocation, demolition, razing, or maintenance; to restrain, correct, or abate such violation; and to prevent any illegal act, conduct, business, or maintenance in and about such premises. Each day such violation continues shall constitute a separate violation.
(b) 
Criminal Offense.
Violation of any provision of this division is a misdemeanor. Each day of a violation shall constitute a separate offense. A fine for a violation may not exceed two hundred dollars ($200.00).
(c) 
Civil Action.
A person who violates a provision of this article is subject to a civil suit for injunctive relief and to a civil penalty. The city may seek also to recover damages from the violator in an amount adequate for the city to undertake activity necessary to bring compliance with the ordinance.
(Ordinance 21-1201 adopted 12/7/21)