This article is intended to:
(1)
Provide
notice of proposed demolition of structures to the Alamo Heights community;
(2)
Encourage
property owners and Alamo Heights residents to seek out persons or
agencies who might be willing to purchase, preserve, rehabilitate
or restore such structures rather than demolish them;
(3)
Promote
conservation of significant structures and limit the detrimental effect
of demolition on the traditional architectural resources of residential
and commercial neighborhoods; and
(4)
Encourage
compatible design solutions that reinforce and enhance the existing
character of the Alamo Heights residential and commercial neighborhoods.
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This article is not intended to permanently prevent demolition,
but rather to provide an opportunity to develop compatible design
concepts for properties where demolition is deemed necessary, for
which design concepts are available for community review and comment.
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(Ordinance 1860 adopted 4/12/2010)
(a)
This
article shall apply to all proposed building, demolition, construction,
additions or alterations located within the jurisdiction of the City
of Alamo Heights.
(b)
This
article shall regulate all activities that result or may result in
the demolition of an existing structure, except where such demolition
is necessary to protect the public health, safety and welfare, as
determined by the director.
(Ordinance 1860 adopted 4/12/2010)
(a)
No demolition
of any structure or any portion of a structure shall be permitted
except as set forth in this article.
(b)
All
demolitions shall require a permit application be submitted to the
director's office and permit issued prior to actual demolition.
(Ordinance 1860 adopted 4/12/2010)
(a)
Proposed demolitions in which the scope of work does not meet the regulations as defined in section 5-13 definition for demolition, or when the scope of work involves any structure or project specifically exempted in subsection 5-134(c) shall meet the permit regulations as listed in this section, section 5-132 and as well as article IV of this chapter.
(b)
The
person or entity submitting an application for a demolition permit
for any structure must be the owner of record or the authorized agent
of the owner(s) as evidenced by a power of attorney.
(c)
Once the plan review is completed for a proposed demolition permit regulated by this article, the director shall notify the applicant, in writing, of additional requirements for demolition review as described in section 5-134 if applicable.
(d)
A demolition
permit shall be valid for a time period of six (6) months from the
date of issue by the director, and shall not be transferable. Where
no demolition activity has occurred within a six (6) month time period,
the demolition permit shall be null and void, unless extended at the
discretion of the director upon written request by the property owner
or authorized agent.
(Ordinance 1860 adopted 4/12/2010)
(a)
The
goal of the demolition review process is to allow public review and
comment regarding the impact that the proposed demolition, and any
replacement structures, may have on the surrounding neighborhood and
the city.
(b)
The
demolition review process is intended to complete both the determination
of significance of existing structures proposed for demolition and
the compatibility review of any replacement structures within the
same process. However, the significance and compatibility process
may be completed in separate processes if requested in writing by
the property owner.
(c)
Proposed demolitions in which the scope of work meets the regulations as defined in section 5-13 definition for demolition, or when the scope of work involves any structure or project not specifically exempted below shall meet the permit regulations for demolition review as listed in this article as well as requirements listed in article IV of this chapter.
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Exceptions from the demolition review process regarding significance
of an existing structure to allow for administrative review:
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(1)
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Existing structures not supported by a permanent foundation,
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(2)
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Existing structures which have an exterior grade footprint of
two hundred (200) square feet or less,
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(3)
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Existing one-and two-story detached accessory structures,
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(4)
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Replacement or alteration of existing exterior finish materials
on roofs or walls with new exterior finish materials which match the
existing in color and design,
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(5)
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Replacement or alteration of roof decking and finish materials
only,
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(6)
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Exterior alterations that do not substantially alter, modify,
cover, or encapsulate existing framing components, and
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(7)
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Ordinary repair and maintenance as referenced in section 5-13 definition for demolition.
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Exceptions from the demolition review process regarding compatibility
of any proposed structures to allow for administrative review:
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(1)
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New structures for projects not governed previously under demolition
ordinances,
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(2)
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Replacement or alteration of existing exterior finish materials
on roofs or walls with new exterior finish materials which match the
existing in color and design,
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(3)
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Replacement or alteration of roof decking and finish materials
only,
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(4)
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Exterior alterations that do not substantially alter, modify,
cover, or encapsulate existing framing components, and
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(5)
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Minor repair and routine maintenance as referenced in section 5-13 definition for demolition,
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(6)
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One-story replacement accessory structures.
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(d)
The
following proposed structure(s) or project(s) shall be governed by
demolition review regarding compatibility regardless of whether any
significance determination was reviewed:
(1)
Two-story
detached accessory structures intended to replace previously permitted
demolitions of exempt accessory structures.
(e)
Plans
for demolition review submitted under this article shall be submitted
along with the demolition review application to the director's office
for review and must contain all of the information required in the
city's application forms to be considered complete.
(f)
If no
plans are submitted for a replacement structure at the time of the
request for demolition review the director shall forward any future
development plans for replacement structures to the architectural
review board for review of the replacement structure's compatibility,
as defined in this chapter before issuing a building permit.
(g)
When
all demolition review application packets have been submitted, along
with a non-refundable application fee, the city shall place the proposed
project request on the agenda for the next available architectural
review board meeting.
(1)
The
city shall post on the property, and on the city's website, a public
notice announcing the application submittal and all postings shall
be for a minimum of fifteen (15) days from the date of the scheduled
architectural review board meeting.
(2)
The
director shall send, by United States mail, a notice of the request
for a demolition permit to all persons who are the owners of real
property lying within two hundred (200) feet of the proposed demolition
not less than fifteen (15) days before the date set for the public
hearing(s) of the architectural review.
(h)
The
architectural review board shall consider the following criteria when
determining the significance, as defined in this chapter, of existing
structures:
(1)
Was
the structure designed by a noted architect?
(2)
Has
the structure been listed as having historic significance by any local,
regional, state or historic agency or society?
(3)
Does
the structure exhibit characteristics of a distinct architectural
style?
(4)
Does
the structure belong to a distinctive set of buildings, such as a
single structure belonging to a row of similar structures?
(5)
Is
the structure a significant part of the fabric of the community due
to its age, unique architecture, historical significance or physical
placement?
(j)
The
architectural review board shall consider the following criteria when
determining the compatibility, as defined in this chapter, of replacement
structures:
(k)
The
architectural review board shall take one (1) of the following actions
after the close of the public hearing:
(1)
Determine
that the structure is not a significant structure and that the replacement
structure is compatible with other structures in the adjacent and
immediate block area, and recommend approval of demolition, or
(2)
Determine
that the structure is a significant structure, and make a recommendation
to the city council for demolition delay to allow collaboration with
the property owner to explore alternatives to demolition; or,
(3)
Determine
that the proposed replacement structure is incompatible with other
structures in the adjacent and immediate block area, and:
a.
Continue
the public hearing to a subsequent architectural review board meeting
if sufficient information has not been presented to allow the architectural
review board to make a determination or to allow the applicant to
resubmit a revised design to address the compatibility issues identified
by the architectural review board, or
b.
Make
a recommendation to the city council for demolition delay to allow
the applicant to resubmit a revised design to address the compatibility
issues identified by the architectural review board.
(l)
Where
the architectural review board recommends approval for either the
demolition of an existing structure and/or for the construction of
a replacement structure, the director shall place the proposed project
on the agenda for the next available city council meeting.
(m)
If approved by city council the director shall issue a demolition permit upon application by the property owner or authorized agent per section 5-132 and upon payment of the required demolition permit fee. The application and fee must be submitted within six (6) months of the date of the final city council action. If the request is not submitted within this time, approval of the demolition review shall become null and void.
(n)
Any
projects that present a potential negative impact to neighboring properties
or the community may be forwarded to the architectural review board
for compatibility review.
(o)
No demolition
of any structure or any portion of a structure shall be permitted
where such structure has determined to be a significant structure
by the architectural review board and final action given by the city
council, except as set forth in this article.
(Ordinance 1860 adopted 4/12/2010)
(a)
Where
a demolition delay is determined necessary, the city council may delay
the issuance of the demolition permit for a maximum of ninety (90)
days from the date of the action designating the existing structure
as significant. This delay may be extended by the city council for
an additional ninety (90) days at any time prior to expiration of
the original delay, but such extension shall occur only once, for
a maximum delay not to exceed one hundred eighty (180) days from the
date of action designating the structure as significant. If the city
and property owner have not reached a mutual agreement on the future
of the structure, within said one hundred eighty (180) days, the demolition
review shall be approved.
(b)
Where
a demolition delay has been determined necessary, the community has
the opportunity to seek out persons who might be willing to purchase,
preserve, rehabilitate or restore such structure rather than demolish
the structure, and to limit the detrimental effect of demolition on
the historical architectural resources of the city. Likewise, the
owner has the opportunity to resubmit a revised application to the
city for review and comment.
(c)
Where
a demolition delay has been determined necessary, the city shall post
on the property, and on the city's website, a public notice announcing
the demolition delay. Such notice shall be posted within three (3)
business days of the city council action, and shall remain in place
for the entire period of the demolition delay.
(d)
Notwithstanding
the designation of a structure as a significant structure, the director
may issue a demolition permit at any time after receipt of written
advice from the city council to the effect that the city is satisfied
that there is no reasonable likelihood that either the owner or some
other person is willing to purchase, preserve, rehabilitate or restore
such structure, or when additional information warrants a termination
of the demolition delay.
(e)
In a case where the property owner or authorized agent desires only to have the architectural review board make a determination of a structure's significance, the property owner or authorized agent shall submit a request for such action along with a non-refundable fee. The city and the property owner or authorized agent shall then follow in similar manner the requirements set out in section 5-134. The city shall establish a date after the end of the public comment period for the architectural review board to hear the request for a determination from the property owner or authorized agent.
(Ordinance 1860 adopted 4/12/2010)
(a)
Demolition
review approval shall be granted for the following conditions:
(1)
When
a demolition delay has been established and the maximum delay period
of one hundred eighty (180) days has expired, or
(2)
The
existing structure proposed for demolition is not determined significant,
as defined in this chapter, and
(3)
The
replacement structure for any structure previously approved under
demolition review is determined to be compatible, as defined in this
chapter.
(b)
Once
demolition review approval is granted by city council, the director
shall have the authority to issue a demolition permit per article
IV of this chapter upon request by the property owner or authorized
agent.
(Ordinance 1860 adopted 4/12/2010)
(a)
Proposals
to relocate or move existing structure(s) from any location within
the city limits is considered a demolition per this chapter for purposes
of permit review and approval.
(b)
Moving of an existing structure to any vacant lot(s) where demolition review was not required for any previously demolished structure(s) shall be required to be submitted for compatibility review per section 5-134.
(c)
If demolition
(move) review has been previously approved as provided for in this
article, no person shall move any building or structure over, across,
or along any street, public way, or public place within the city without
first obtaining a permit for the proposed move.
(d)
All
scheduled routes, and move times shall be determined during the move
permit review.
(e)
No building
or structure under any condition shall be allowed to remain in or
on the streets, public ways or public places for more than four (4)
hours. Any building or structure which occupies or moves along or
across any portion of public property after sundown shall have sufficient
lights and flares continually burning for the protection of the public.
(f)
No person
shall move a building or structure across or along any street, public
way or public place within the city unless accompanied or escorted
by at least one (1) City of Alamo Heights police officer that has
been retained by the person for such service.
(g)
Before
a house mover's license is issued, the applicant shall file with the
city secretary a surety bond in the amount of ten thousand dollars
($10,000.00), saving and protecting the city harmless from any and
all damages and to pay for any and all damages to public property,
that may arise from the use of any of the streets, alleys, boulevards
or other public places in the moving of any building or structure.
Such bond shall contain a provision for a ten-day written notice to
the city of cancellation by the surety.
(h)
Before
a moving permit is issued, the applicant shall file with the director
a public liability property damage insurance policy certificate naming
the applicant as the insured and providing for the payment of any
liability imposed by the law upon such applicant to the extent of
two hundred fifty thousand dollars ($250,000.00) for each person for
bodily injury, five hundred thousand dollars ($500,000.00) for bodily
injury liability for each accident, and one hundred thousand dollars
($100,000.00) for property damage liability for each accident.
(i)
Upon
issuance of the permit, the applicant shall request inspection by
the city inspector, or cause to be inspected, the equipment and facilities
to be used by the moving contractor and shall determine that the size,
design and safety factors of any vehicle and other equipment used
in the moving of any building or structure, are such that their operation
on public property shall not cause damage to the pavement or other
public improvements.
(j)
Nothing
contained in this article shall require a license or bond for the
movement of oversized equipment, or buildings or structures of a temporary
nature, when such equipment, building, or structures are within the
legal road limit as required by the state statutes; nor shall bond
and license be required of one passing through the city enroute between
two (2) other incorporated cities, except those cities in the county.
(k)
No person
shall move any building or structure over, across, or along any street,
public way or public place within the city until a permit for such
work has been issued as provided herein.
(l)
A mover
shall in each case before moving or preparing to move any building
or structure, apply to the director by written application for a permit
to do so, in which application the building or structure to be moved
shall be described with the extreme dimensions of its width, length
and height, present location, the place to which it is proposed to
be moved, and the location, on the lot at the destination.
(m)
Before
application for permit is made, the mover shall notify the public
utilities, railroads, and other persons or municipalities whose facilities
are involved in such movement.
(n)
Application
for moving permit shall include:
(1)
Moving
permit application sign by both a registered general contractor and
the property owner,
(2)
Written
indication from CPS that both electrical and/or gas service connections
has been removed from the structure,
(3)
Written
indication from public works - water utilities that the water and
sewer connections have been removed from the structure,
(4)
Specify
the day of the week and hour of the day the moving is proposed to
take place,
(5)
The
proposed route to be taken,
(6)
Copy
of the demolition approval letter which is issued after city council
approval for demolitions/moves per this chapter,
(7)
All
additional information as required by the director.
(Ordinance 1860 adopted 4/12/2010)
(a)
Once a demolition delay has been established, the owner shall be responsible for properly securing the structure, if vacant, to the satisfaction of the director. Should the owner fail to so secure the structure, a subsequent destruction of the structure at any time during the demolition delay period, which destruction could have been prevented by the required security measures, shall be considered a demolition in violation of this article. Penalties and remedies are identified in section 5-2 and section 5-3.
(b)
If demolition
of a structure is authorized by the city council and a permit is issued
by the director, the permittee shall, during and after demolition
of the structure, ensure all of the following conditions are met and
maintained:
(1)
The
demolition contractor shall have a total of thirty (30) calendar days
from the date that work begins to complete the job and request a final
inspection, unless an extension has been granted by the director,
(2)
All
utilities shall be disconnected and the sewer line shall be disconnected
at the property line and a clean out installed extending no more than
six (6) inches above grade or as required by the director.
(3)
Public
sidewalks shall not be removed; however, all public sidewalks damaged
during demolition or in need of replacement and/or abandonment shall
be repaired and/or replaced in conformance with all applicable ordinances,
(4)
All
debris, including all concrete structural members below grade, shall
be removed from the lot,
(5)
The
lot shall be completely cleaned, filled, and graded to prevent any
retention of water and to promote proper drainage,
(6)
When
the lot is cleared, all utilities disconnected and/or capped, all
repairs made and approaches removed, the deposit shall be refunded.
Costs incurred by the City of Alamo Heights as a result of demolishing
the building or performing any work deemed necessary by the director
shall be deducted from the clean-up deposit and costs exceeding the
amount of the deposit will be billed to the owner.
(7)
Silt
fences shall be provided for all projects approved under demolition
review and shall be provided prior to beginning the proposed demolition
of the structure. Silt fences shall be maintained in good condition
until permanent soil stabilization is established.
(8)
Permanent
and/or temporary soil stabilization methods sufficient to restrain
or prevent erosion shall to be provided within twenty-one (21) calendar
days after completion of the demolition, grading of the lot, or determined
inactivity on the lot.
a.
If
seeding or another vegetative erosion control method is used, it shall
become established within two (2) weeks, be of a type which can survive
without an irrigation systems use. The site may be required to be
reseeded or a non-vegetative option employed if soil stabilization
has not been established within thirty (30) days from the date of
installation.
b.
Vegetative
ground cover. The person conducting the land-disturbing activity shall
plant or otherwise provide a permanent vegetative ground cover sufficient
to restrain erosion.
c.
Innovative
measures. Erosion and sedimentation measures applied alone or in combination
to satisfy the intent of this section are acceptable if they are sufficient
to prevent adverse secondary consequences. Innovative techniques and
ideas will be considered and may be used following approval by the
director if it can be demonstrated that such techniques and ideas
are likely to produce successful results.
(c)
The
director shall have the authority to waive any of these requirements
under special circumstances.
(Ordinance 1860 adopted 4/12/2010; Ordinance 2180, sec. 4, adopted 10/11/2021)
Notwithstanding the previous provisions, the director may issue
a demolition permit in the event of imminent and substantial danger
to the health or safety of the public due to deteriorating conditions,
but only after consultation with the city manager, building official,
and fire chief.
(Ordinance 1860 adopted 4/12/2010)
