Chapter 17.24

Historic Preservation and Conservation

The standards in this chapter are intended to protect historically significant sites and structures that contribute to Windsor's character and identity, and that should be preserved and/or restored. For additional information see Section 17.18.050 (Historic Overlay Zone, -HO). [Source: 17.20.060.A, modified]

No person shall alter the exterior or construct improvements to or demolish any historic structure until the analysis required by the California Environmental Quality Act (CEQA) is completed to determine the historic significance and the effects of the proposed alterations. [Source: 17.20.060.B, modified]

The Council may designate an improvement, natural feature, or site as an historic landmark and any area within the Town as an historic district in compliance with this chapter, based on the Council's evaluation of the age of the structure, distinguishing characteristics, geographically definable area, familiar visual feature, significant achievement, significant geographical patterns, and/or similar to other distinctive areas. [Source: 17.20.060.C, modified]

• A. Procedure. The designation of an historic landmark or district, or the removal of an historic landmark or district from the Historic Register, shall comply with the pro-

cedure established in Chapter 17.72 (Amendments), including public notice and a hearing in compliance with State law, a recommendation by the Commission, and a final decision by the Council. [Source: 17.20.060.C.1, modified]

• B. Permit Issuance During Nomination Process. No permit for any improvement or structure within a proposed historic district or relative to a nominated historic landmark shall be issued while the nomination process is pending. [Source: 17.20.060.C.2, modified]

• C. Placement on the Historic Register. The nominated district, site, or structure shall be placed on the Historic Register after being officially accepted by the Council. [Source: 17.20.060.C.3, modified]

• D. Removal from the Historic Register. The Commission shall not recommend removal from the Historic Register unless it discovers that the information relied on that supported the original designation was erroneous, or that circumstances beyond the owner's control have rendered the resource ineligible for designation and it would be infeasible to restore the resource. [Source: 17.20.060.C.4, modified]

In considering an application for exterior alterations or new construction, the Director shall be guided by the Secretary of the Interior's Standards for Rehabilitation and the compatibility of the proposed architectural features, materials, and style with those of existing structures. [Source: 17.20.060.D]

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TOWN OF WINDSOR CODE

• A. Applicability. A survey for cultural resources shall be required if one (1) or more of the following applies to a project site: [Source: NEW]

  1. The project site contains or abuts a parcel that contains known archeological or historic sites based on the Town's Historic Register; or

  2. The project site contains physical evidence of prehistoric and/or historic features and artifacts.

• B. Cultural Recourse Study Standards. When a cultural resource study is required, it shall comply with the following: [Source: NEW]

  1. The study shall be performed by a qualified professional; and

  2. The study shall be conducted in compliance with the standards established by the State Office of Historic Preservation and the Secretary of the Interior's standards and guidelines and shall include consultation with the local Native American Tribes.

The Director may approve alterations or demolition only after first making all the following findings, unless economic hardship is determined in compliance with Section 17.24.070 (Economic Hardship), below. [Source: 17.20.060.E]

• A. The proposed change would not adversely affect any significant aesthetic, architectural, cultural, or historical features of the subject parcel or the historic district; [Source: 17.20.060.E.1]

• B. The proposed change is compatible in architectural style with the structure and with existing adjacent structures in an historic district; [Source: 17.20.060.E.2]

• C. The proposed decorative features, details, fenestration, massing, materials, proportions, scale, and textures are consistent with the period and/or compatible with adjacent structures; and [Source: 17.20.060.E.3]

• D. In the case of a demolition, the applicant has submitted satisfactory evidence that a financial commitment has been obtained by the applicant to ensure replacement of the existing feature, landmark, or structure and that a Building Permit has been issued for the replacement structure. [Source: 17.20.060.E.4]

Alterations or demolition not in compliance with the findings required by Section 17.24.060 (Findings for Alteration of Demolition), above, may be approved only in cases of economic hardship. Economic hardship is defined as a substantial cost to the owner of the property that is patently unreasonable in comparison to the benefit conferred to the community should the owner be limited to following the guidelines for preserving or protecting the property. [Source: 17.20.060.F]

• A. Supporting Evidence. Material evidence supporting the request for a finding of economic hardship shall consist of any information required by the Director. [Source: 17.20.060.F.1]

• B. Findings. To approve the alteration or demolition on the basis of economic hardship, the Director shall first find all of the following: [Source: 17.20.060.F.2]

  1. Disapproval would substantially diminish the value of the property; [Source: 17.20.060.F.2.a]

  2. The sale or rental of the property is impractical when compared to the cost of holding the property for uses allowed in the subject zone; [Source: 17.20.060.F.2.b]

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17.24.090

3. An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical; [Source: 17.20.060.F.2.c]

4. Disapproval would unreasonably damage the owner of the property in comparison to the benefit conferred on the community; [Source: 17.20.060.F.2.d]

5. All means involving Town sponsored incentives (i.e., amendments to this Zoning Code, Building Code modifications, financial assistance, and grants) have been explored to relieve possible economic hardship; [Source: 17.20.060.F.2.e]

6. Without approval of the proposed construction, demolition, exterior alteration, remodeling, or removal, the reasonable use of or return from a designated landmark or property within an historic district will be denied a property owner; and [Source: 17.20.060.F.2.f]

7. In the case of a proposed demolition, the Director shall make an additional finding that the designated landmark cannot be remodeled or rehabilitated in a manner that would allow a reasonable use of or return from the property to the owners. [Source: 17.20.060.F.2.g]

• C. Demolition of a Nominated or Designated Historic Landmark. The demolition of a structure which has been nominated or otherwise designated as a Historic Landmark shall comply with the following:

  1. If approval with a finding of economic hardship would result in the demolition of a nominated or designated historic landmark, the applicant shall be required to provide documen-

tation of the resource proposed for demolition to the standards of the Historic American Buildings Survey. [Source: 17.20.060.F.3.a]

2. Documentation may include an archaeological survey, floor plans, measured drawings, photographs, or other documentation required by the Director and shall be submitted before issuance of a Demolition Permit. [Source: 17.20.060.F.3.b]

Any person dissatisfied with the Director's decision may appeal in compliance with Chapter 17.74 (Appeals). [Source: 17.20.060.G]

The following incentives are available to historic landmarks and to historic districts:

• A. State Historic Building Code. Any exterior alteration made to historic properties shall be in compliance with the standards of the State Historical Building Code (California Health and Safety Code Section 18950 et seq.). [Source: 17.20.060.H.1]

• B. Mills Act Contracts. The Council may authorize the use of State law (Government Code Section 50280 et seq.), alternately known as the Historical Property Contracts or Mills Act. [Source: 17.20.060.H.2]

• C. Recognition. The Commission shall establish a program to recognize historic properties with special plaques, signs, etc. [Source: 17.20.060.H.3]

• D. Financial Benefits. Owners of historic properties are eligible to apply for local, State, and Federal financial benefits as may be available. [Source: 17.20.060.H.4]

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TOWN OF WINDSOR CODE

The owner, occupant, or other person in actual charge of an historic landmark, or an improvement or structure in an historic district, shall keep the improvement properly maintained at all times. [Source: 17.20.060.I]