Hesperia Municipal Code Art. VIII Historical Resources Designation and Protection

The purpose of this article is to ensure the protection, enhancement, perpetuation and use of structures and sites of historic architectural, and engineering significance, located within the city, that are of cultural and aesthetic benefit to the community.

(Ord. 77 § 2 (§ 810.0701), 1990)

A. The sole authority to declare registered landmarks or other historic resources shall be vested in the city council.

B. When necessary, the city council shall conduct a public hearing for the purpose of evaluating matters relating to preservation of historical resources.

(Ord. 77 § 2 (§ 810.0705), 1990)

The following powers and duties shall be assigned to the city council on all matters relating to historic resources:

A. To administer the provisions of this article;

B. To initiate public hearings to consider matters relating to historic resources;

C. To create and maintain a current register of landmark designations for public use and information;

D. To review, evaluate and make a determination on the designation of a site, structure, or object as a registered landmark, and cause a resolution to be prepared stating findings in support of the determination.

(Ord. 77 § 2 (§ 810.0710), 1990)

A registered historic, cultural or natural landmark shall be any real property such as a building, structure, site, archeological excavation, or object that is unique or significant because of its location, design, setting, materials, workmanship or aesthetic feeling, and which meets one or more of the criteria specified in Section 16.20.290.

(Ord. 77 § 2 (§ 810.0715), 1990)

When designating a landmark, the city council shall consider the following criteria in making its determination:

A. Historical and Cultural Significance.

1. The proposed landmark is particularly representative of an historical period, type, style, region, or way of life.

2. The proposed landmark is an example of a type of building which was once common but is now rare.

3. The proposed landmark is of greater age than most of its kind.

4. The proposed landmark was connected with someone who is or was renowned, important, or a local personality.

5. The proposed landmark is connected with a business or use which was once common but is now rare.

6. The architect or builder was significant.

7. The site is the location of an important historic event or building.

B. Historic Architectural and Engineering Significance.

1. The construction materials or engineering methods used in the proposed landmark are unusual, significant, or uniquely effective.

2. The design of the proposed landmark contains details and materials that possess extraordinary or unique aesthetic qualities.

C. Neighborhood and Geographic Setting.

1. The proposed landmark materially benefits the historic character of the neighborhood.

2. The proposed landmark in its location represents an established and familiar visual feature of the neighborhood, community or city.

(Ord. 77 § 2 (§ 810.0720), 1990)

The city council shall authorize the preparation and maintenance of a list of all such declared landmarks and historic resources. The list shall be made available to the general public by the community development department.

(Ord. 77 § 2 (§ 810.0725), 1990)

Upon declaration of a landmark or historic resource, the city council shall determine which landmarks or historic resources shall receive markers. The markers shall be approved by the council.

(Ord. 77 § 2 (§ 810.0730), 1990)

Demolishing, defacing, altering, adding to, changing the use, or in any way altering a registered landmark or historic resource shall be permitted only as specified in this section.

A. Change of use or the initiation of any structural change of a designated landmark or historic resource shall require site approval pursuant to Chapter 16.12;

B. Prior to approval of the application, the reviewing authority shall make the following findings in addition to the findings listed under Chapter 16.12:

1. The use or structural change proposed will not be detrimental to a structure or feature of significant aesthetic, cultural, architectural or engineering interest or value of an historic nature; or

2. The applicant has demonstrated that denial of the application will result in immediate and substantial hardship;

3. The action proposed is necessary to correct an unsafe, unhealthful or dangerous condition on the property.

C. Any proposed change of use shall be consistent with the zone designation and the goals and policies contained within the general plan.

(Ord. 250 Exh. A (part), 1998; Ord. 77 § 2 (§ 810.0735), 1990)

None of the provisions of this article shall be construed to prevent any measures of construction, alteration, removal, demolition or relocation necessary to correct the unsafe or dangerous conditions of any structure, other feature, or part thereof, when such condition has been declared unsafe or dangerous by the building official, after informing the city council when the structure is a landmark, and where the proposed measures have been declared necessary by such official to correct the condition; provided, however, that only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire or other calamity, the building official may authorize, prior to the council's review, that amount of repair or demolition necessary to correct an unsafe condition.

(Ord. 77 § 2 (§ 810.0740), 1990)