PART B: Neighborhood Conservation Combining District

 § 13-2-130 PURPOSE OF THE NCC NEIGHBORHOOD CONSERVATION COMBINING  DISTRICT.

    The NCC Neighborhood Conservation combining district is intended to preserve and protect older  neighborhoods by allowing modifications to applicable regulations in accordance with a neighborhood plan for

development and conservation. A proposed NCC district shall be sponsored by property owners within such  proposed district through the neighborhood organization. Neighborhood plans are intended to enhance the  desirability of living in older neighborhoods. Older neighborhoods are those neighborhoods which were  substantially built out at least 30 years before the date of application for the NCC district classification and which  have distinctive architectural styles.

§ 13-2-131 FUNCTION OF AN ADOPTED NCC DISTRICT PLAN.

    The provisions of an adopted NCC district amend the land use and site development regulations of a base  district located in the NCC district.

§ 13-2-132 NEIGHBORHOOD PLANS.

    Neighborhood plans shall be prepared by the neighborhood organization.

§ 13-2-133 NEIGHBORHOOD PLANNING ASSISTANCE.

    The Planning, Environmental and Conservation Services Department shall provide professional  neighborhood planning services and coordinate the provision of data from City departments and offices in the  development of Neighborhood Plans. The decision to assist a neighborhood organization in developing an NCC  district shall be based on the age of the neighborhood, the degree of which the neighborhood is distinguishable  from other parts of the city, and staff limitations as determined by the Director of the Planning, Environmental and  Conservation Services Department. The Director will provide a list of community resources willing to assist  neighborhoods with technical aspects of neighborhood planning.

(Am. Ord. 980114-B, eff. 1-25-98)

§ 13-2-134 PARTICIPATION BY PROPERTY OWNERS.

    (a)The neighborhood organization shall provide written notice to all property owners within a proposed  NCC district of the intention to create an NCC district. The neighborhood organization shall provide written  notice to all property owners of all neighborhood organization meetings concerning the district. At least 60 days  before the first public hearing, property owners shall be notified by certified mail, return receipt requested, of the  time, date, and location of the public hearing, and that copies of the proposed Neighborhood Plans are available  at a location within the neighborhood, at the nearest branch of the public library, and at the Development Review  and Inspection Department. The Development Review and Inspection Department shall post signs along the  boundary of a proposed NCC district at locations to be determined by the Director. A list of property owners  contacted with return receipts shall be provided. The list shall indicate those property owners in favor of and  opposed to inclusion in the district, and those property owners who provided no response.

    (b)If the principal use of a portion of a proposed NCC district is to be restricted to one or more civic  uses, and all property within that portion of the proposed NCC district is owned by a single person, the Director

may waive any notice required by this section if the neighborhood organization and the property owner submit a  written request to waive notice provisions. If a waiver is granted under this subsection, (i) a hearing at the  Landmark Commission on the proposed NCC district is required only if the district includes a designated historic  landmark, and (ii) the City Council may establish an NCC district that initially includes only the property and civic  uses described in the preceding sentence.

(Am. Ord. 900809-D, eff. 8-9-90; Am. Ord. 980114-B, eff. 1-25-98)

Informative Note: Ord. 900809-D also provided that “An applicant for an NCC District may elect to have a  pending application considered using the procedures established by this ordinance instead of those in effect at the  time the application was filed.”

§ 13-2-135 ARCHITECTURAL SURVEY.

    As part of the development of the Neighborhood Plan, the residents of a neighborhood shall provide a  survey of structures to identify those architectural and urban design patterns and characteristics that predominate  and distinguish the neighborhood from other parts of the city. The components of the architectural survey shall  include the information specified in the Administrative Manual.

§ 13-2-136 REVIEW OF NEIGHBORHOOD PLANS.

    Neighborhood plans shall be presented to the Commission for its review and recommendation and to the  Council for final adoption. If the neighborhood contains one or more designated historic landmarks or structures  with historic significance as determined by the Cultural and Historical Resources Survey of the City of Austin,  the Landmark Commission shall hold a public hearing to consider the proposed NCC district before the Planning  Commission public hearing. The Council may create an NCC district only after an appropriate Neighborhood  Plan has been accepted and filed with the Director of the Planning, Environmental and Conservation Services  Department and in accordance with Section 13-2-137 .

(Am. Ord. 980114-B, eff. 1-25-98)

§ 13-2-137 ADOPTION OF AN NCC DISTRICT.

    The Landmark Commission (if required pursuant to § 13-2-136), the Planning Commission, and the Council  shall hold public hearings on the adoption of an NCC district. If a property owner not desiring to be included files  a written protest, a separate favorable vote of three-fourths of all members of the Council shall be required to  include the protesting owner's property within the NCC district.

§ 13-2-138 AMENDMENTS TO NEIGHBORHOOD PLANS.

    Amendments to an NCC district may be proposed by the neighborhood organization or a property owner  of land included within the NCC district once every year.