Isleton Municipal Code Ch. 8.17 Historic Preservation Ordinance

The purpose of this chapter is to promote the public health, safety, and welfare by providing for the identification, protection, enhancement and perpetuation of such things as buildings, structures, signs, features and sites within the city, that reflect the city's historical, architectural, archaeological and cultural heritage. The way this chapter has accomplished this is by establishing a historic review board which: (i) makes recommendations to the city council concerning the designation of historic landmarks and districts; (ii) oversees the issuance of certificates of appropriateness which are required in order to make specified changes to historic landmarks and districts; and (iii) makes recommendations to the city council concerning the issuance of hardship certificates which are available under specified circumstances to allow an owner to be relieved from the strict application of this chapter. City council is sensitive to the competing needs of preserving its heritage as provided herein while at the same time avoiding unnecessary regulation of private property. Accordingly, city council has directed the board to distinguish between "minor" and "major" repairs, modifications, alterations and construction as the board develops its operating rules and regulations, which rules and regulations shall be reviewed and adopted by city council resolution and bound in an operational manual together with adopted policies for easy counter reference.

(Ord. No. 2011-05, § 1, 8-24-2011)

A. Establishment of historic review board. The Isleton Historic Review Board is established to promote the goals and objectives of this section through exercise of its powers and duties which are outlined below.

B. Composition of the historic review board. The board shall consist of five members as follows:

1. One historical society board member;

2. Two public members, and;

3. Two planning commissioners. The historical society board member shall be selected by the historical society board, the public members shall be appointed by city council; and the planning commission members shall be selected by the planning commission, all subject to city council confirmation.

C. Term, officers and rules. Except as otherwise provided, each board member shall serve at the pleasure of the city council until his or her successor is seated. No member shall serve more than eight consecutive years.

1. Vacancies shall be filled by majority vote of the city council.

2. The term of a member who has been absent for three consecutive meetings without prior board approval, shall automatically terminate.

3. The board shall elect a chair and vice-chair, who shall each hold office for up to two years.

4. The chair and vice-chair shall be elected at the first board meeting after July 1st of each year or as soon there after as possible.

5. The board shall adopt its own operating rules, regulations and policies, and shall designate the time and place for its meetings.

D. Powers and duties of board.

1. The board shall:

a. Maintain a list of possible landmarks and districts which may merit official historic recognition;

b. Investigate and report to the city council on the use of various federal, state, local, and private funding sources;

c. Be available to advise people concerning the goals and objectives of this section as they relate to proposed work on architectural historical or cultural resources in the community. Examples of such work include exterior painting, roofing, fencing, landscaping, glazing, and installation of light fixtures; and

d. Encourage public awareness, understanding and involvement concerning the unique historical, architectural and environmental heritage of the city through educational and interpretative programs.

2. The board shall also:

a. Make recommendations to the city council concerning the designation of historic landmarks and districts which city council is hereby authorized to designate as provided herein;

b. Review applications for certificates of appropriateness as follows:

(1) The board shall review applications asking for permission to demolish structures, and recommend to city council whether and under what circumstances a certificate should issue;

(2) The board shall review and rule on applications asking permission to move, alter or construct structures, as well as all other 'major' proposals; and

(3) The board shall review all other applications for certificates of appropriateness to determine whether the board or the building official should rule on them.

c. Review applications for certificates of hardship and recommend to the city council whether and under what circumstances such a certificate should issue.

3. The board shall have all other powers which are incidental and necessary to carry out its enumerated powers and duties.

(Ord. No. 2011-05, § 1, 8-24-2011)

A. Procedure for designation of historic landmarks and districts.

1. The development and amendment of the city's list of historic landmarks and districts may be initiated:

a. At the recommendation of staff;

b. By recommendation of the board, or;

c. By application of the property owner.

2. Upon initiation, the board shall review the request and make a recommendation to be considered at a public hearing before the city council, which will make the final decision concerning adoption or amendment of the list.

3. The city council hearing shall be noticed as follows in addition to the extent otherwise required by law:

a. In the case of a historic landmark, notice of the hearing shall be given to the owners and occupants (if any) of the historic landmark and advertised in a newspaper of general circulation at least ten days prior to the public hearing;

b. In the case of a historic district, notice of the hearing shall be given to the applicants and owners of all properties within the proposed historic district and advertised in a newspaper of general circulation at least ten days prior to the public hearing;

c. At the conclusion of the public hearing city council shall make a decision supported by written findings, and;

d. If city council makes a designation, the city clerk will forthwith cause to be recorded notice that such property has been designated and placed on the city's register of historic landmarks and districts and said notice shall state that the designation runs with the land.

B. Criteria for designation of landmarks and districts.

1. In designating a landmark or district as being of historical or cultural significance and worthy of protection under this article, the property must be found to have historical or cultural interest or special character to the public.

2. The criteria to be used is that the place, site, building, structure, object, or improvement possesses integrity of location, design, setting, materials, and workmanship; and meets one or more of the following:

a. The proposed landmark or district reflects interest or value as part of the heritage of the city;

b. The proposed landmark or district was the location of a significant historic event;

c. The proposed landmark or district identifies with a person(s) who significantly contributed to the history and development of the city; or whose work has influenced the heritage of the city, state or country;

d. The proposed landmark or district contains outstanding or exemplary elements of attention to architectural design, detail, materials or craftsmanship of a particular historic period;

e. The proposed landmark or district is in a unique location or contains one or more physical characteristics representing an established and familiar visual feature of a neighborhood;

f. The proposed landmark or district is a source, site or repository of archeological interest, or;

g. The proposed resource or district contains a natural setting that strongly contributes to the well being of the people of the city.

C. Additional criteria for districts. Where the designation of an historic district is being considered, the following additional criteria will be considered:

1. Whether it is a geographically definable area, urban or rural, possessing a significant concentration of objects, sites or structures unified by past events, or aesthetically by plan of development, or;

2. Whether the collective value of the area is greater than the value of each individual component.

D. Automatic designations. Any property listed in the National Register of Historic Places or the California Register of Historic Resources will automatically be designated as a local historic landmark, and any neighborhood so designated will automatically be designated as a local historic district. Any property identified as a contributing structure (e.g. one that enhances the historical nature of the area) to a district so listed will also be considered a contributing structure to the local historic district.

E. Findings for deletion of historic landmarks or historic districts. The deletion of any designated historic landmark or district may be approved only if city council first finds that the historic landmark or district no longer qualifies as such based on the criteria in section 8.17.030 B or is otherwise entitled to a certificate of hardship.

(Ord. No. 2011-05, § 1, 8-24-2011)

A. When certificates of appropriateness are required. Except as provided herein, the following activities are only allowed after the city has issued a certificate of appropriateness:

1. Exterior alterations (e.g. exterior painting, roofing, fencing, landscaping, glazing, and installation of light fixtures) to a designated historic landmark;

2. New construction on the site of a designated historic landmark;

3

Moving of a historic landmark;

4. A lot split or subdivision of a historic landmark;

5. The erection or relocation of a sign in a historic district, and;

6. New construction on property in a historic district.

B. Applying for a certificate of appropriateness. Applications shall be made on a form prescribed by the building official and shall be accompanied by a fee set by resolution of the city council. The application shall include information required by the building official including elevation drawings, proposed colors and materials, plan view of new construction, and color photographs of all sides of all existing onsite structures.

C. Processing of a certificate of appropriateness.

1. The building official will use a "preservation check list" to determine if a proposal is "minor" or "major," and shall use design guidelines to determine if the proposal is compatible with the existing surroundings. All requests for new construction, subdivision, lot splits, demolition, or moving of a historic landmark shall be considered a major alteration. Applications for a certificate of appropriateness for major alterations, except demolition, shall be reviewed by the board. A certificate for demolition shall be reviewed by city council.

2. A certificate of appropriateness for minor improvements may be approved by the building official unless otherwise determined by the board.

3. The building official shall inform the board in writing of all decisions made regarding minor alterations within ten calendar days thereafter.

4. To approve an application, the proposed activity must be found to be consistent with this section and with the secretary of interior's standards and not detrimental to a historic landmark or district.

5. The board's decision will be supported by written findings.

6. A certificate of appropriateness shall become void unless construction is commenced and diligently pursued within 18 months of the date of issuance. Certificates of appropriateness may be renewed for up to 36 months through the building official.

D. Additional criteria for moving a historic landmark or structure. Approval of a certificate of appropriateness for the moving of a historic landmark or structure in a designated historic district may only be granted if, in addition to the above, the board determines that:

1. The moving will not have a significant negative effect on the applicable goals and objectives of this section; and

2. The structure in its original setting is not of such interest or quality that it would reasonably meet federal or state criteria for designation as a historic landmark.

E. Additional criteria for demolishing a historic landmark or structure. Approval of a certificate of appropriateness for the demolition of a historic landmark or structure in a designated historic district may only be granted if, in addition to the above, the board determines that:

1. The demolition will not have a significant negative effect on the applicable goals and objectives of this chapter;

2. The structure is not of such unusual design, texture or materials that it cannot be reproduced or can only be reproduced with great difficulty and expense;

3. The structure is not of such interest or quality that it would reasonably meet federal or state criteria for designation as a historic landmark; and

4. Conversion to a new use, rehabilitation and preservation are unfeasible.

F. Demolition mitigation measures. Prior to the issuance of a certificate allowing demolition the following mitigation measures in addition to any others required by law shall be completed by the applicant:

1. Each historic structure shall be documented as follows:

a. Plans shall be prepared which include a site plan, floor plans, elevations, and detailed drawings of character defining features such as moldings, light fixtures, trim patterns and stairs, and given to the city for preservation, and;

b. Photographs shall be taken which include the exterior and interior of the structure, along with interior and exterior character defining features, and given to the city for preservation.

2. In an effort to preserve features and artifacts from historic structures, a determination whether items within or on the building should be salvaged will be made by the city prior to the issuance of a demolition permit.

(Ord. No. 2011-05, § 1, 8-24-2011)

A certificate of hardship permitting demolition, moving, subdivision, or a lot split, new construction, or alteration, etc., for which a certificate of appropriateness has been refused, may be granted by the city council under the conditions described below. Application shall be made in the form required by the building official, and the same procedure required for a certificate of appropriateness shall be followed. A certificate of hardship may only be granted if the city finds:

1. Reasonable use or return on the property is not likely, and;

2. Alternative plans in keeping with this section are infeasible.

(Ord. No. 2011-05, § 1, 8-24-2011)

A. Appeal of building official's decision. Any two members of the board or a member of the public may appeal a decision of the building official made pursuant to this section within five calendar days thereafter. The appeal must be in writing, explain the basis and be delivered to the city clerk within that time.

B. Appeal of board decision. Any member of the city council or of the public may appeal a decision of the board made pursuant to this section within five calendar days thereafter. The appeal must be in writing, explain the basis and be delivered to the city clerk within that time.

C. Stay of approval. All approvals shall be stayed pending the outcome of an appeal.

(Ord. No. 2011-05, § 1, 8-24-2011)

The owner, or other person in charge of a historical landmark or a contributing structure in a historic district has a duty to keep in good repair all of the exterior features of such landmark, and all interior features thereof which, if not maintained, may cause or tend to cause the exterior features of such resource to deteriorate, decay become damaged or fall into a state of disrepair.

(Ord. No. 2011-05, § 1, 8-24-2011)

Nothing in this section shall be interpreted to prohibit the construction, alteration, restoration, demolition, or relocation of any historical resource if such would jeopardize public safety or result in an unsafe or dangerous condition which cannot be satisfactorily rectified in the professional opinion of the building official.

(Ord. No. 2011-05, § 1, 8-24-2011)

A. Misdemeanor. Violation of any provision in this section shall constitute a misdemeanor.

B. Nuisance. The unauthorized alteration or demolition of a historical landmark in violation of this section is expressly declared to be a nuisance and shall be abated by restoring or reconstructing the property to its condition prior to the violation.

C. Civil penalties. Any person or entity which demolishes or substantially alters or causes substantial alteration or demolition of a structure, in violation of the provisions of this section, shall be liable for a civil penalty. In the case of demolition, the civil penalty shall be one-half the assessed value of the landmark or structure prior to demolition. In the case of alteration, the civil penalty shall be one-half the cost of restoration of the altered portion of the landmark or structure.

D. Moratorium. Alteration or demolition of a landmark or structure in violation of this section shall authorize the city to issue a temporary moratorium for the development of the subject property for a period not to exceed 24 months from the date the city becomes aware of the unauthorized alteration or demolition. The purpose of the moratorium is to provide the city an opportunity to study and determine appropriate mitigation measures for the alteration or removal of the landmark or structure, and to ensure measures are incorporated into any future development plans and approvals for the subject property.

The city clerk shall cause this chapter to be posted at the following three locations within the city within 15 days after it is certified to be entered in the Code of Ordinances of the city:

Isleton City Hall, 101 Second Street;

Isleton Post Office, 202-205 Second and C Street, and;

The market at 106-107 Second Street.

(Ord. No. 2011-05, § 1, 8-24-2011)