City of Greenville, TX BUILDING CODE

Editor’s note–The IBC and IRC Amendments are included as an attachment to this chapter.

Definitions.

For the purposes of this section, the following definitions apply:

Any exterior change or modification of any property located within the central area (CA) zoning district, including, but not limited to, exterior changes to or modifications of a building or structure, architectural details or visual characteristics such as surface texture, grading, surface paving, new structures, removal of mature trees and natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the exterior visual qualities of the property as viewed from the public right-of-way.

Construction.

Any work for which a building permit is required, including the erection of fences; substantial grading or landscaping; and the erection, installation or painting of signs.

Demolition.

The complete destruction of a building or structure, or removal of more than thirty percent (30%) of the perimeter walls, or removal of any portion of a street-facing facade.

Design guidelines.

The principles contained in a document titled “Design Guidelines for Downtown Greenville” and adopted by the city council in this section, which illustrate appropriate and inappropriate methods of rehabilitation, alteration and construction.

Feature.

Fixtures, components or appurtenances attached to, contiguous to or otherwise related to a building, structure or property, including, without limitation, materials, landscaping, setbacks, distinguishing aspects, roof attributes, overlays, moldings, sculptures, fountains, light fixtures, windows and monuments.

Integrity.

The survival of a sufficient amount of an historic resource’s character-defining materials, design features and building fabric, in a manner that allows the observer to interpret an historic resource during its period of significance.

Ordinary maintenance and repair.

Any work, the sole purpose and effect of which is to correct deterioration, decay or damage, including repair of damage caused by fire or other disaster and which does not result in a change in the existing appearance and materials of a property. Examples of this work shall include, but not be limited to, the following:

(1)

Caulking or reglazing windows;

(2)

Minor repairs to windows, doors, siding, gutters, etc.;

(3)

Replacement of existing mechanical equipment;

(4)

Repairing or repaving of flat concrete work in side and rear yards;

(5)

Repairing or repaving of existing front yard paving, concrete work and walkways, if the materials the same or similar in appearance are used;

(6)

Roofing work, if no change in appearance occurs; or

(7)

Chimney work, if no change in appearance occurs.

Period of significance.

The time in which a building, structure or neighborhood gained historical significance.

Rehabilitation.

The act or process of returning a building or structure to a state of unity, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions or features of an historic resource that are significant to its historical, architectural and cultural value.

Restoration.

The act or process of accurately recovering the form and details of a building or structure and its setting as it appeared at a particular period of time, by means of the removal of later work or by the replacement of missing earlier work.

Substantial.

That which would alter the architectural appearance and basic architectural design of the building, structure, site, area or district within the central area (CA) zoning district.

(b)

Applicability.

This section applies to all properties located within the central area (CA) zoning district, as defined by the city’s zoning ordinance.

(c)

Design guidelines adopted.

A document titled “Design Guidelines for Downtown Greenville” is hereby adopted by reference, a true, accurate and correct copy of which is hereby ordered and directed filed as a public document with the city secretary, in whose office the same shall be kept and maintained for inspection by anyone.

(d)

Conflict with other ordinances.

Where there is conflict between the requirements of the design standards adopted by this section and the requirements of the zoning ordinance or building and fire safety codes adopted by the city, the more restrictive requirements of the zoning ordinance and building and fire safety codes apply.

(e)

Certificate required.

It shall be unlawful for any person or entity to make any external alterations or external repairs of any substantial nature in any manner whatsoever to any area, site, building or structure within the confines of the central area (CA) zoning district, without first obtaining a certificate of design compliance as provided in this section. External alterations and external repairs include, but are not limited to, the following:

(1)

The construction of a new structure;

(2)

The alteration or restoration of any exterior features of an historic resource;

(3)

An addition to a structure;

(4)

The removal or demolition, in whole or in part, of any building or structure (unless ordered by the city’s substandard structures rehabilitation board);

(5)

The construction or erection of a new sign;

(6)

The removal or substantial alteration of existing signs where such signs are considered an historic resource;

(7)

Applying a new exterior siding material;

(8)

Addition of a new window, door or dormer;

(9)

Installation of burglar bars on interior or exterior of windows;

(10)

Creating a driveway or parking facility;

(11)

Adding a satellite dish;

(12)

Building a deck, fence or garage;

(13)

Enclosing a porch.

(f)

Ordinary maintenance and repair.

Ordinary maintenance and repair, as defined in subsection (a) of this section, shall not require a certificate of design compliance. The city manager or his or her designee shall determine whether or not the definition of ordinary maintenance and repair applies to any given project.

(g)

Review of applications; issuance.

Applications for certificates of design compliance shall be reviewed by the Main Street advisory board. The board is authorized to issue such certificates when in their judgment an application meets the general review criteria outlined in subsection (h) of this section.

(h)

General review criteria.

The following general review criteria shall be met in issuing any certificate of design compliance:

(1)

The proposed work complies with the design guidelines;

(2)

The integrity of an individual historic structure is preserved;

(3)

New buildings or additions are designed to be compatible with surrounding historic properties; and

(4)

The overall character of the central area zoning district is protected.

(i)

Application procedure.

(1)

A certificate of design compliance application shall be made by the owner of the subject property, or his or her designated agent. An application must be filed with the city manager or his or her designee, in writing, on forms provided by the city, and shall contain at least the following information:

(A)

Names of the applicant and property owner;

(B)

Mailing address of the applicant and permanent address of the property owner;

(C)

Legal description and address of the subject property;

(D)

A detailed description of the nature of the proposed construction, including external alterations or repairs to be made;

(E)

The intended and desired starting date and completion date of the construction, alteration, or repairs to be made;

(F)

A to-scale drawing or sketch of the proposed external alteration;

(G)

A written statement describing how the proposed construction, external alteration or repair meets the intent of the design guidelines; and

(H)

The Main Street advisory board may require submission of product samples and other technical information pertinent to design review decisions.

(2)

Upon receipt of an application for a certificate of design compliance, the city manager or his or her designee shall determine the completeness of such application. Upon receipt of a complete application, the city manager or his or her designee shall refer the application to the chairperson of the Main Street advisory board.

(3)

Incomplete applications or applications not in compliance with design standards, building and zoning codes, or other ordinances will be returned to the applicant for correction.

(4)

At least seventy-two (72) hours prior to the date of a meeting of the Main Street advisory board, notice of an application for a certificate of design compliance shall be posted at the project site in such a manner that it is visible from the public right-of-way. The notice shall include contact information and the meeting date at which the application will be considered.

(5)

Upon receipt of an application, the chairperson of the Main Street advisory board shall place the item on the agenda of the next meeting of the Main Street advisory board to be held within thirty-five (35) calendar days. After due consideration of the application, the board shall approve or disapprove the application by a majority vote. In a motion to approve or disapprove an application, the board shall set forth the reasons consistent with the general review criteria for approval or denial of the application set forth in subsection (h).

(j)

Approval of application.

Upon approval of an application for a certificate of design compliance, the applicant may submit for review and approval other permit applications (including building, sign, and demolition permit applications) that are necessary for the proposed project, in accordance with the city’s standard processes for reviewing and approving such permit applications. All such applications shall be consistent in every way with the certificate of design compliance.

(k)

Right to appeal.

Upon having an application for a certificate of design compliance denied, an applicant may appeal such decision to the city council within thirty (30) days from the date the decision to deny the application is rendered by the board. A written request to appeal the decision shall be filed with the city secretary within the thirty-day period.

(l)

Limits of resubmission.

No application for the same project shall be considered within 180 days of the denial of the application by the Main Street advisory board. At any time, the applicant may resubmit a design for an entirely new project or a revised design that substantially addresses the reasons for denial as set forth by the Main Street advisory board.

(m)

Variances.

The board may, in a specific case, authorize variances to the regulations herein established in instances where the board determines that the literal interpretation and application of these regulations would impose undue hardship on the applicant and that the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured.

(n)

Penalty for violation.

Any individual, association, corporation or entity violating any portion or provision of this section shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by the assessment of a fine as provided in section 1.01.009. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

(1990 Code, sec. 11.205)