§ 17.44

The purpose of the historic (H-X) overlay district is to preserve the public health, safety and welfare of the residents of Exeter, and to commit the City to the protection of its cultural heritage as reflected in its historic structures, sites and buildings. This chapter will serve to 1) protect and preserve historic structures, 2) preserve and maintain historic residential neighborhoods as unique sections of the community, 3) protect and enhance property values within historic neighborhoods, 4) preclude land uses that are incompatible with historic neighborhoods, 5) ensure Exeter’s cultural heritage is not lost or diminished, 6) encourage development of vacant properties within the historic district that are in concert with the character and architecture of the neighborhood, and 7) involve citizens in the planning of their historic neighborhoods.

This overlay district can be combined with any residential, office or commercial district identified in the zoning ordinance. For purposes of identification, an established H district shall be suffixed with the zoning notation of the district with which it is combined (e.g. H-R-1-6 or H-RM-3). The application for a historic overlay zone for property or properties designated as an area of historic interest or as a cultural resource historic district shall be processed consistent with Chapter 17.48 Zoning Ordinance Amendments.

Uses listed on the permitted use list of the district to which the historic overlay district is being combined.

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Exeter Zoning Ordinance Chapter 44: H-X (Historic Overlay) District

Uses listed on the conditional use list of the district to which the historic overlay district is being combined.

The Historic Ordinance shall include 1) this chapter, which specifies the historic district overlay designation, design evaluation criteria and the formation, powers and duties of the historic preservation advisory board; 2) the creation of a local register of historic structures, sites and features, which may be modified by the City Council from time to time; and 3) a map which will delineate the historic overlay district within the City of Exeter.

When used in this chapter, the following words shall be defined as specified in this section, unless a different meaning clearly appears from the context:

A. “Alteration” is defined as any change or modification requiring a permit from the city, through public or private action, of any designated cultural resource or property within or without a designated historic district.

B. “Area of historic interest” is defined as geographic areas, places, structures, buildings, improvements, sites or objects within the city that have distinctive character or special historic, aesthetic, architectural, cultural interest or value. Area of historic interest can also mean a single location such as a place, structure, building, improvement, site or object within the city, which has distinctive character or special historic, aesthetic, architectural, cultural interest or value.

C. “Designated area of historic interest” is an area of historic interest as defined above that has been designated by the Commission.

D. “Exeter Register of Historic Places” is defined as the official city list of designated cultural resources, historic districts, and areas of historic interest.

E. “Commission” is defined as the Exeter Historic Preservation Commission.

F. “Cultural resource” is defined as on site improvements, buildings, structures, signs, features (including significant trees or other landscaping), places, place names, interior architecture features, landmark sites, historic sites, or other objects of scientific, archaeological, aesthetic, educational, cultural, architectural or historical significance to the citizens of the city.

G. “Designated cultural resource” is defined as a cultural resource that has been approved by the Commission and designated by the City Council.

H. “Exterior architectural feature” is defined as an architectural element embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, building or structure, including but not limited to the kind, color and

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texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement, building or structure.

I. “Historic district” is defined as any geographically definable urban or rural, small or large area containing buildings, structures, sites and objects linked historically through location, design, setting, materials, workmanship, and/or association. The significance of a district is the product of the sense of time and place in history that individual components collectively convey. This significance may relate to developments during one period or through several periods in history.

J. “Designated historic district” is defined as a historic district, as defined in subsection I of this section that has been approved by the Commission and designated by the City Council.

K. “Historic site” is defined as any parcel or portion of real property that has special character or special historical, cultural, archaeological, architectural, community or aesthetic value.

L. “Landmark site” is defined as any site or improvement, man-made or natural, which has special historical, cultural, architectural, archaeological, community, or aesthetic character, interest, or value as part of the development, heritage or history of the city, the state of California or the United States.

M. “National Register of Historic Places” is defined as the official national list of districts, sites, buildings, structures and objects of local, state or national importance that are significant for their historical, architectural, archaeological or cultural values. The Commission will follow the guidelines of the National Register of Historic Places when considering historic properties.

N. “Object” is defined as a material thing or functional, aesthetic, cultural, symbolic, or scientific value, usually by design or nature movable.

O. “Preservation” is defined as the act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and landscaping of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance.

P. “Preservation plan” is defined as a list of the proposed work on a property, including any restrictions, height and area regulations, minimum dwelling size, floor area, sign regulations, parking regulations, and any other proposed modification to existing development standards appropriate to the proposed historic district. Generally a preservation plan will follow the Secretary of Interior’s Standards for Historic Preservation for any proposed work.

Q. “Property owner” or “owner of property” or “owners of property” is defined as the person or persons shown as the record owner(s), as determined by a title search, of the property proposed to be designated as a cultural resource. As to property to be included in a historic district and as to owners of property to be notified of any hearing as to property other than their own, “property owners” is defined as owners as shown on the latest equalized assessment roll of the county of Tulare.

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Exeter Zoning Ordinance Chapter 44: H-X (Historic Overlay) District

R. “Protection” is defined as the act or process of applying measures designated to affect the physical condition of a property by protecting or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury. In the case of buildings and structures, such treatment may be of a temporary nature and anticipates future historic preservation treatment; in the case of archaeological and paleontological sites, the protective measure may be temporary or permanent.

condition of a property by protecting or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury. In the case of buildings and structures, such treatment may be of a temporary nature and anticipates future historic preservation treatment; in the case of archaeological and paleontological sites, the protective measure may be temporary or permanent.

S. “Restoration” is defined as the act or process of accurately returning the form and details of a property and its setting as it appeared at a particular period of time, or the removal of later work or the replacement of missing earlier work. Restoration shall follow the guidelines of the Secretary of Interior’s Standards for Historic Preservation.

T. “Stabilization” is defined as the act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present. Stabilization also shall follow the guidelines of the Secretary of Interior’s Standards for Historic Preservation.

U. “State Office of Historic Preservation” of “SHPO” is defined as a division of the State Department of Parks and Recreation which serves as the staff for the State Historic Preservation Officer who is the official designated and appointed by the Governor to administer the historic preservation program in California.

A. A Historic Preservation Commission consisting of five unpaid members, shall be established in the City of Exeter. Appointments shall be made by the City Council, with each council member appointing one member. The City Manager or his designated representative shall be a non-voting, ex-officio member of the Commission.

B. All members shall be residents of the city at appointment and throughout their term of office.

C. Not withstanding subsection A of this section, all terms shall be for two years and commence on July 1st and expire on June 30[th] . Initially, two members shall serve two years in their initial terms, and three members shall serve one year.

D. The Commission shall elect from among its members a chairperson and vicechairperson to serve as such for a one-year term. The chairperson shall preside at all meetings of the Commission, and shall appoint each committee and perform the duties necessary or incidental to the office. The vice-chairperson of the Commission, in the absence of the chairperson or in the case of inability of the chairperson to act, shall perform the duties of the chairperson.

E. The city manager or designee, shall serve as administrative staff to the Commission. The city manager or designee shall keep minutes of each meeting, record the official actions taken, record the vote on all official actions, certify each official act

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and resolution of the Commission, maintain records of operations, and perform such other duties as the Commission assigns.

F. The Commission shall review and adopt its own operating rules and bylaws, thereafter having the power and authority to perform all of the duties hereinafter enumerated and provided.

G. In the event of a vacancy occurring during the term of a member of the Commission, the council shall appoint a new member to fill the unexpired term.

The Commission shall have the following powers and duties subject to City Council approval:

A. Establish criteria and conduct or cause to be conducted a comprehensive survey of properties within the boundaries of the city, and publicize and periodically update survey results.

B. Adopt specific guidelines for the designation of cultural resources, including landmarks, landmark sites, and historic districts.

C. Maintain a local register of designated cultural resources, designated historic districts and designated areas of historic interest.

D. Review and correspond with the City Council and city departments as to matters as they relate to the cultural resources of the community.

E. Assist in recommending prescriptive standards to be used by the council in reviewing applications for permits to alter, remove, preserve, protect, reconstruct, rehabilitate, restore or stabilize any designated cultural resource or historic district.

F. Recommend to the City Council the purchase of fee or less-than-fee interests in property for purposes of cultural resource preservation and designation.

G. Investigate and report to the City Council on the use of various federal, state, local, or private funding sources and mechanisms available to promote cultural resource preservation in the city.

H. Preserve, restore, maintain, and operate designated cultural resources and historic properties owned or controlled by the city.

I. Recommend for approval or disapproval, in whole or in part, applications for cultural resource, historic district, or area of historic interest designation pursuant to procedures set forth in this chapter.

J. Review and comment on applications for land use decisions being considered by the Planning Commission or City Council.

K. Cooperate with local, county, state and federal governments in the pursuit of the objectives of historic preservation.

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L. Provide information, upon the request of the property owner, on the restoration, alteration, decoration, landscaping or maintenance of any cultural resource or property within a historic district or area of historic interest.

M. Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to cultural resources, historic districts and areas of historic interest.

N. Perform any other functions that may be designated by the City Council.

O. Meet at irregular intervals as determined by the city manager or his or her designee. All meetings shall be noticed and open to the public.

P. Quorum. Three members of the Commission shall constitute a quorum for the transaction of business.

Q. Identify as early as possible conflicts between the preservation of cultural resources and alternative land uses and make recommendations to the appropriate legislative body.

R. Establish a procedure for the review of and comment on historic preservation certification applications for federal tax incentives for both designated cultural resources and designated historic districts.

Any improvement, building, structure, sign, feature, site, place, or object may be designated as a cultural resource and any grouping of such may be designated as a historic district or an area of historic interest if it meets one or more of the following criteria:

A. It exemplifies or reflects special elements of the city, community or neighborhood’s historical, archaeological, cultural, social, economic, political, aesthetic, engineering or architectural development; or

B. It is identified with persons or events significant in local, state, or national history; or

C. It embodies distinctive characteristics of style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or

D. It is representative of the notable work of a builder, designer, architect, engineer, landscape architect, interior designer, artist or craftsman; or

E. Its unique location or singular physical characteristic(s) represents an established and familiar visual feature of a neighborhood, community or the city; or

F. It is an archaeological or paleontological site that has the potential of yielding information of scientific value.

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Exeter Zoning Ordinance Chapter 44: H-X (Historic Overlay) District

A. The City Council or the property owner of the proposed cultural resource may initiate a request for the designation of a cultural resource.

• B. All applications for designation of a cultural resource shall include:

1. A legal description or address of the proposed cultural resource, and the name and address of the property owner; 
   

2. Sketches, photographs, or drawings; 
   

3. Statement of condition of the structure; 
   

4. Explanation of any known threats to the cultural resource; 
   

5. Other information requested by the city staff;
   

C. At time of application, the applicant shall pay a fee not to exceed the cost of processing such application as permitted by the Exeter Municipal Code. No application shall be deemed complete until the prescribed fee has been received by the city.

A. The City Council or the owners of property within a proposed historic district in the city of Exeter may initiate a request for the designation of that area as a historic district.

B. All applications for designation of a historic district shall be accompanied by a petition, on forms provided by the city, setting forth the request for designation and the preservation plan, and signed by the owners of no fewer than two-thirds of the parcels within the proposed district.

• C. All applications for designation of a historic district shall include:

1. A legal description of the boundaries of the proposed district, the names and addresses of all owners of property within the proposed district, and parcel assessor’s numbers of properties within such proposed district; 
   

2. A description of the proposed historic district, including special aesthetic, cultural, architectural, or engineering interest or value of a historical nature; 
   

3. Sketches, photographs or drawings of structures within the proposed district; 
   

4. A statement of the condition of the structures and improvements within the district; 
   

5. An explanation of any known threats to any cultural resource within the district; 
   

6. Other information requested by city staff;
   

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Exeter Zoning Ordinance Chapter 44: H-X (Historic Overlay) District

A. The Historic Preservation Commission, the City Council or the owners of the property within the city of Exeter may initiate a request for the designation of an area of historic interest outside a designated historic district.

• B. All applications for designation of an area of historic interest shall include:

1. A petition, on forms provided by the city, setting forth the request or an area of historic interest designation signed by the owners of no fewer than two-thirds of the parcels within the proposed area of historic interest; 
   

2. A description of the boundaries of the proposed area of historic interest; 
   

3. A description of the proposed area of historic interest, including special aesthetic, cultural, architectural, or engineering interest or value of a historical nature; 
   

4. Sketches, photographs or drawings of structures within the proposed area; 
   

5. A statement of the condition of the area; 
   

6. Other information requested by city staff.
   

A. Prior to recommendation of the designation of any cultural resource, historic district or area of historic interest the Commission shall hold a public hearing. Notice of such hearing shall be given not less than ten days prior to the date of the hearing, and shall state the date, time, and place of the hearing, the location of the property to be designated, and the nature of the request, in the following manner:

1. By publishing once in a newspaper of general circulation in the city; 
   

2. No action shall be taken by the Commission to recommend designation of a proposed cultural resource or a historic district except following a noticed public hearing. 
   

3. In the case of the designation of a historic district or an area of historic interest the following shall also be required: mailing a notice to the applicant, and to each owner of property proposed to be included within a historic district or an area of historic interest and to the owners of all property within 300 feet of the exterior boundary of the district or area. 
   

4. In the case of the designation of a cultural resource, the following shall also be required: mailing a notice to the applicant and to owners of all property within 300 feet of the cultural resource proposed for designation.
   

A. Upon notification to the property owner that the Commission has scheduled a hearing to determine if a property should be designated as a cultural resource or be included within a historic district or area of historic interest, no person or entity shall

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undertake any alteration, construction, grading, demolition or removal of such building, structure, site, feature, object or district, and no permit to undertake such work shall be approved by any city official, while proceedings are pending on such designations; provided, however, that if, after a period of sixty days from the date of initial notice of such hearing, final action by the council on such designation has not been completed, any such permit application may be approved provided such permit application complies with all other legal requirements for approval, and that the proposed work will not cause harm to the proposed historic buildings. The Commission shall ensure that appropriate city officials are notified of the Commission’s intent to consider designation of a property and the moratorium.

B. The provisions of this section shall not apply to structures damaged in any flood, fire, earthquake or other disaster or otherwise in such condition that the city’s building director determines the structure or feature must be demolished in the interests of public safety. Such action by the city’s head building official may be appealed to the City Council structure by the property owner or the Commission prior to the demolition of a historic building or structure, should there be a sufficient compelling reason.

A. The Commission shall review the staff reports, and consider the designation matter at a regular, adjourned or special meeting and shall either approve and recommend the designation as proposed or as altered, or shall recommend disapproval of it. A property shall be recommended for designation as a cultural resource or for inclusion in a historic district or area of historic interest only upon the affirmative roll call vote of a majority of the authorized membership of the Commission. The Commission shall make findings in support of any decision to recommend designation of property as a cultural resource or for inclusion in a historic district or area of historic interest. Such findings shall state that the property meets the designation criteria specified in Section 17.44.050 of this chapter.

The council shall, not less than sixty days after the Commission’s recommendation, approve or disapprove the Commission's recommendation. The Council shall approve or disapprove by resolution, in accordance with its normal procedure, any designation of property as a cultural resource or historic district or area of historic interest. The action of the Council shall be final. Upon such designation, the property shall be added to the Exeter Register of Historic Places.

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Exeter Zoning Ordinance Chapter 44: H-X (Historic Overlay) District

Within fifteen days after any action of the City Council designating a cultural resource or a historic district or area of historic interest said designation shall be recorded with the City Clerk.

The City Council may return the designation to the Commission for further review, or rescind any designation of a cultural resource, historic district, area of historic interest in the same manner as is prescribed for the original designation. Such action or rescission shall be recorded in the city’s records on each specific property.

The City Council may request that the Commission nominate a site for inclusion on the State or National Register of Historic Places in the same manner as and following the procedure for the designation of cultural resources.

A. Except as provided for in subsection B, no person shall carry out or cause to be carried out, nor shall any permit be issued for, any alteration, demolition, or relocation of a designated cultural resource or of property within a historic district without first obtaining the approval of the Commission or, on appeal thereto, of the City Council. Application for such approval shall be made to the Commission on forms provided by the city.

B. Nothing in this section shall be construed to require approval of the Commission for alterations, even if a permit is required, which are listed below and which will not adversely affect the fenestration or architectural features of the structure, where those features are specified in the designation and which will not affect the special character or special historical, architectural or aesthetic interest or special historical, architectural or aesthetic interest or the relationship and congruity between the subject structure or feature and its neighboring structures and surroundings, where specified in the designation. Examples of improvements that will be exempt from Commission review are listed below. At the discretion of the City Planner or Head Building Official other improvements similar to the types of improvements listed below may be considered for exemption.

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Plumbing

Pipeline, gas line, sewer line, water heater, septic tank, septic abandonment, water softener, shower/tub, solar, on side away from the street, site sewer, site storm, Mechanical

Air conditioner, evaporative cooler, wall heater, fireplace insert, kitchen hood.

Reroof/Patio

Re-roof patio, on side away from the street,

Pool, on side away from the street, or not within the viewshed of the street.

Pool and spa, pool or spa permanent, pool or spa portable

Electrical

Temporary power, permanent power service, outlet /switch, motors, site electrical.

C. Upon submittal of a complete application for Commission approval of alteration, demolition or removal of a designated cultural resource or property within a historic district, the Commission shall hold a public hearing and render a decision on the application as soon as possible. Notice shall be sent not less than ten days prior to the hearing, giving the date, time and place of such hearing, the location of the property, and the nature of the request, by mailing the notice to the applicant, to the owners of all property within three hundred feet of the subject property if such property is a cultural resource, and to all owners of property within the historic district, if such property is within such a district. Additionally, such notice shall be published once in a newspaper of general circulation in the city at least ten days prior to the hearing.

iling the notice to the applicant, to the owners of all property within three hundred feet of the subject property if such property is a cultural resource, and to all owners of property within the historic district, if such property is within such a district. Additionally, such notice shall be published once in a newspaper of general circulation in the city at least ten days prior to the hearing.

D. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this section that does not require a permit from the city.

E. Nothing in this section shall be construed to prevent the Head Building Official from issuing a building permit if he determines that demolition, removal or alteration of a designated cultural resource or of property within a historic district is immediately necessary in the interest of the public health, safety, or welfare.

F. At the time of submittal of the application, the applicant shall provide whatever detailed information (plans, drawings, agreements, etc.) is required or necessary to describe the intended work and any additional information necessary for the Commission to act on the matter, as determined by staff. Applications without such information shall be deemed incomplete for purposes of subsection C of this section.

G. The Commission shall have the authority to approve, deny, or approve subject to conditions, any application for the alteration, removal or demolition of a designated

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cultural resource or property within a historic district. If the Commission determines that a permit should not be issued, the Commission shall issue its findings in writing, documenting the specific reasons for denial. The decision of the Commission and the findings supporting that decision shall be mailed to the applicant within five days of the decision. A new application for the same work affecting the same property may be submitted after the disapproval only if a change in circumstances of the owner or the property has occurred.

H. The decision of the Commission to approve, deny, or approve with conditions any application as set forth in this chapter is appealable to the City Council. Such appeal shall be made in writing and delivered to the office of the city clerk not later than ten calendar days from the date of mailing of notice of the Commission’s decision. Such appeal shall specify the reasons for the appeal from the decision of the Commission. Upon the filing of the appeal, the clerk shall set the matter for public hearing within sixty days or as soon thereafter as is practicable and shall give written notice to the appellant of the time and date set for the hearing. Upon the hearing of such appeal, the City Council may by resolution affirm or modify or reverse the determination of the Commission.

An application for the alteration of a designated cultural resource or of property within a historic district shall not be approved unless the following conditions are found to exist:

The proposed work will not adversely affect the architectural features of the structure, where specified in the designation; nor will the proposed work adversely affect the special character or special historical, architectural or aesthetic interest or the relationship and congruity between the subject structure or feature and its neighboring structures and surroundings, where specified in the designation.

The proposed work shall also conform to such further standards as may be embodied in the designation of the historic district by resolution.

A. An application for the demolition or relocation of a designated cultural resource or of property within a historic district shall not be approved unless one or more of the following conditions exist:

1. The structure/site is a hazard to public health or safety and repairs or stabilization are not financially prudent; or 
   

2. The site is required for a public use which will be of more benefit to the public than its use as a cultural resource or property within the historic district and there is no practical alternative location for the public use; or 
   

3. Denial of the proposed application will result in unreasonable economic hardship to the owner, as set forth in Section 17.44.190; it is not feasible to preserve or
   

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restore the designated cultural resource or property within the historic district; and the property owner will be denied the reasonable beneficial use of the property if the application is denied; or

4. With respect to an application for the relocation of a designated cultural resource or property within the historic district, if the Commission finds that one or more of the above conditions exist and that the relocation will not destroy the historic, cultural or architectural values of the designated cultural resource or property within the historic district, and the relocation is part of a definitive series of actions which will assure the preservation of the designated cultural resource or property within the historic district, such application shall be approved. 
   

5. A permit for demolition of a designated cultural resource or property within the historic district shall not be approved unless the building or structure cannot reasonably be moved or relocated. 
   

6. Applicants proposing the demolition or relocation of a designated cultural resource or property within the historic district shall have the burden of proving that the demolition or relocation is necessary, and that an economic hardship exists, if any is claimed, and shall present substantial evidence as to the need for such action.
   

A. Any alteration, construction, or relocation of a structure within an area of historic interest should be done with respect to the overall look and feel of the area of historic interest. The Historic Preservation Commission is and can be a resource for people undertaking these types of projects. Those wishing to utilize the knowledge and resources of the Historic Preservation Commission, should provide through city staff detailed information (plans, drawings, agreements, etc.) required or necessary to describe the proposed work including any additional information necessary for the Commission to assist in the project.

B. Nothing in this section shall be construed to prevent the maintenance or repair of any exterior architectural feature in or on any property located in an area of historic interest. However the goal of the designation of an area of historic interest is to help preserve these areas for the future. Proposed work should not adversely affect architectural features of the structure, as specified in the designation; nor should the proposed work adversely affect the special character or special historical, architectural or aesthetic interest or the relationship and congruity between the subject structure or feature and its neighboring structures and surroundings.

In cases in which an applicant makes a claim of unreasonable economic hardship, the applicant shall provide ownership and operation of the property, mortgage or financing

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information, market value, structural integrity, rehabilitation costs, assessed value, real estate taxes and debt service.

In addition to the regulations of this chapter, other chapters of the Exeter Municipal Code and other provisions of law which govern the approval or disapproval of applications for permits or licenses may be utilized to enforce the provisions of this chapter including contacting the city attorney to institute any necessary legal proceedings to enforce the provisions of this chapter, and city attorney is authorized to institute any actions to that end.

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C H A P T E R 46

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DD-X Zone (Downtown Design Overlay)

Sections