Yreka Municipal Code Ch. 17.04 Regulation

The ordinance codified in this chapter shall be known as the "historic district and landmark ordinance" of the city.

(Ord. 539 (part), 1977).

The purpose of this chapter is to promote the public health, safety and general welfare by establishing procedures, regulations and conditions for the preservation, protection, enhancement, restoration, rehabilitation, perpetuation and use of improvements, buildings, structures, signs, objects, sites and areas within the city for the following reasons:

(1) To preserve, protect, enhance and perpetuate certain improvements, buildings and structures which reflect outstanding elements of the city's cultural, artistic, social, economic, political, architectural, engineering, historic or other heritage;

(2) To foster civic pride in the beauty and accomplishments of the past by controlling indiscriminate erection of new structures and buildings and by fostering proper and repair of existing improvements, structures and buildings;

(3) To enhance property values and to increase the economic and financial benefits to the city and its inhabitants;

(4) To protect and enhance the city's attraction to tourists and visitors;

(5) To promote the continuing use of outstanding structures thereby serving as a stimulus and support to business and industry;

(6) To promote and encourage continued private ownership and utilization of improvements, structures and buildings to the end that the objectives listed in this section can be attained;

(7) To encourage, develop and maintain appropriate environments for improvements, buildings and structures within the city;

(8) To preserve and encourage harmonious architectural styles, emphasizing the preservation of architectural styles existing in the area of the city prior to 1910 and secondarily emphasizing other distinct and noteworthy architectural styles reflecting the phases of the city's history;

(9) To foster knowledge of the living heritage of the past to achieve the enrichment of human life in its educational and cultural dimensions in order to serve spiritual as well as material needs. (Ord 539 part), 1977: Ord. 480 (part), 1972)

This chapter shall apply to the following described property and such historic districts, landmarks, landmark sites and areas as may be added as provided in this chapter, within the city:

All that portion of the city, lying within the original town site of Yreka, as designated in the official map of the Town of Yreka City adopted September 5, 1919, by the board of trustees of the city and lying within the following described boundaries

Beginning at the northeast corner of Block 8; thence easterly along the southerly line of West Lennox Street to a point lying easterly, 111 feet from the northwest corner of Block 12; thence southerly along the easterly line of all lots in Block 12 fronting on Third Street; thence southerly to the northerly line of Block 15 and a point easterly, 110.1 feet from the Northwest corner of said Block 15; thence southerly along all existing lots within Block 15 fronting on Third Street to a point on the northerly line of North Street, from which the southwest corner of said Block 15 bears westerly, 103.3 feet; thence easterly along the northerly line of North Street to the southwest corner of Block 14 and the easterly line of Broadway (Second Street); thence southerly along the easterly line of Broadway to the southwest corner of Block 27; thence easterly along the southerly line of Block 27 to the westerly line of Main Street as per the 1933 Highway Survey; thence southerly along said westerly line of Main Street to the southerly line of Lot 5 of Block 31 and the southerly line of an existing public alley; thence Westerly along said southerly line to the easterly line of Broadway; thence westerly to a point on the westerly line of Broadway and the northerly line of the Crocker National Bank Building Parcel within Block 32; thence along said northerly line to the westerly line of said Crocker National Bank Building Parcel; thence southerly along said westerly line to the northerly line of West Center Street; thence westerly along said northerly line to the easterly line of Lot 8 of Block 32; thence northerly along said easterly line to the southerly line of an existing public alley; thence westerly along said southerly line to the easterly line of Fourth Street; thence southerly along the easterly line of Fourth Street to the northwest corner of the Catholic Church Lot in Block 43, from which the northwest corner of said Block 43 bears northerly, 111 feet; thence along the boundaries of the said Catholic Church Lot the following courses: easterly, 126 feet; southerly, 44 feet; westerly, 126 feet to the easterly line of Fourth Street; thence westerly to the westerly line of Fourth Street; thence northerly along said westerly line to the southerly line of Lane Street; thence westerly along said southerly line to a southerly prolongation of the easterly line of Block 38; thence northerly along the easterly line of Block 38 and its prolongation to the southerly line of West Center Street; thence westerly along said southerly line to the westerly line of South Oregon Street; thence northerly along said westerly line to the southerly line of the city parcels in Lots 1 through 6 of Block 34; thence westerly and northerly along said southerly line and along the westerly line and its prolongation of said parcels to the northerly line of West Miner Street; thence easterly along said northerly line to the westerly line of the city parcels within Lots 2, 3, 9 and 10 of Block 24; thence northerly along said westerly line and its prolongation to the northerly line of North Street; thence easterly along said northerly line to the westerly line of North Oregon Street; thence northerly along said westerly line to the southerly line of Lot 1 of Block 18; thence, 159 6 feet along said southerly line thence northerly along an existing property line to the southerly line of Yama Street; thence easterly along said southerly line to the northwest corner of Block 17 and the easterly line of North Oregon Street; thence southerly along said easterly line to the southerly line of the First Baptist Church Parcels in Lots 1 and 2 of Block 17; thence easterly along said southerly line to the westerly line of Stage Alley; thence northerly along the westerly line of Stage Alley to the northeast corner of Block 8 and the point of beginning

All of Lot 10 and that portion of Lot 8 lying southerly of a public alley within Block 33 shall be excepted.

(Ord. 539 (part), 1977: Ord 480 (part), 1972).

The following words and phrases, for the purposes of this chapter, shall have the meanings respectively ascribed to them in this section; or, if not defined in this section, as defined in the zoning title; or, if not therein defined, in accordance with the plain and ordinary meaning thereof:

(1) "Exterior architectural feature" means the architectural style, design, general arrangement and components of all of the outer surfaces of an improvement, as distinguished from the interior surfaces enclosed by said exterior surfaces, including but not limited to the kind, color and texture of the building material and the type and style of all windows, doors, lights, roofs, signs and other fixtures appurtenant to such improvement;

(2) "Improvement" means any building, structure, place, parking facility, fence, gate, wall, work of art or other object constituting a physical betterment of real property. or any part of such betterment;

(3) "Landmark" means any improvement which has a special character or special historical, cultural, aesthetic, architectural interest or value as part of the development, heritage or cultural characteristics of the city, the state or the nation, and which has been designated as a landmark pursuant to the provisions of this chapter;

(4) "Landmark site" means a parcel or part thereof on which is situated a landmark, and any abutting parcel or part used and constituting part of the premises on which the landmark is situated, and which has been designated as a landmark site pursuant to the provisions of this chapter;

(5) "Owner" shall be deemed to be the person holding fee title to said property or purchasing said property pursuit to a contract of sale;

(6) "Sign" means and includes every sign, device, figure, painting, drawing, message, placard, poster, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning, canopy, banner, pennant, flag, announcement, decoration, demonstration, display, illustration or insignia, designed to be seen from outside any improvement, and which is used to advertise or promote the interests of any person when the same is placed in view of the general public.

(Ord. 539 (part), 1977: Ord. 480 (part), 1972).

It is unlawful for any person to tear down, demolish, construct, alter or remove any improvement, or any portion thereof, which has been designated a landmark or landmark site pursuant to the provisions of this chapter, or which lies within a historic district; or to alter in any manner an exterior architectural feature of such a landmark, landmark site or improvement within a historic district; or to place, erect, alter or relocate any sign within a historic district or on a landmark or landmark site, without first obtaining a permit to do so in the manner provided in this chapter.

(Ord. 539 (part), 1977: Ord. 480 (part), 1972).

There is established in the city a historic district and landmarks commission, hereinafter referred to as the "commission," consisting of seven unpaid members appointed by the mayor with the approval of the city council. Members of the commission shall be residents, business owners, business operators, or property owners within the city. The commission shall have the power and authority and perform all of the duties enumerated and provided in Section 17.04.051. Appointments shall be made for a three-year term. In the event of a vacancy occurring during the term of a member of the commission, the mayor shall make an interim appointment to fill the unexpired term of such member.

(Ord. 740, 1998: Ord. 539 (part), 1977: Ord. 480 (part), 1972).

(Ord. No. 811, § 1, 3-19-2009)

(a) The commission established pursuant to Section 17.04.050, subject to prior council approval before entering into any contractual relationship or incurring any expense, shall have the following powers and duties:

(1) To conduct a survey of local properties within the boundaries of the city, complying with all applicable standards and criteria of the statewide survey undertaken by the State Historic Preservation Office;

(2) To retain consultants and conduct studies, as the commission deems desirable or necessary, so long as all expenditures of city funds are subject to the prior approval of the council;

(3) Adopt specific guidelines for landmarks, landmark sites, improvements and historic districts, which guidelines shall be subject to approval by the council;

(4) Contract, with the prior approval of the council, with county, state or federal government, or any agency or subdivision of said governments, or with any other organization;

(5) Cooperate with federal, state, county and local governments in the pursuit of the objectives of historic preservation;

(6) Participate in the conduct of land use, urban renewal, municipal improvement and other planning undertaken by any agency or official of the city, the county or state;

(7) Promote and conduct educational and interpretative programs on historic properties within the commission's jurisdiction;

(8) Establish and maintain a detailed inventory of improvements, structures and buildings within historic districts and of landmarks and landmark sites within the city;

(9) Repair and place on landmark and landmark sites, at city expense, a suitable plaque or other marker declaring that such improvement is a designated landmark. The plaque shall contain information deemed appropriate by the commission;

(10) Establish such rules and procedures as are necessary for the efficient conduct of the business of the commission;

(11) Perform all other duties, responsibilities and functions enumerated in this chapter, and all other acts proper or necessary to serve any of the purposes set forth in Section 17.04.010;

(b) The commission shall appoint an historic district advisory council, such appointments to be subject to the consent of the council, consisting of three members having special knowledge and expertise in the fields of historic preservation or architecture, which members need not be residents of the city and shall serve at the pleasure of the council. All applications for permits pursuant to this chapter shall be reviewed by the advisory council which shall submit its recommendation to the commission prior to action thereon by the commission. The advisory council shall additionally, upon request of the commission, advise the commission on all matters within the commission's jurisdiction. By resolution, the commission may authorize the advisory council to grant permits pursuant to this chapter relating to fences, roofing and exterior painting as may be required by this chapter; and, in said resolution, shall set forth the rules and regulations relating to the conduct of the meetings to he held by said advisory council, and additionally may provide for the procedures for conducting the business of the advisory council, it being intended that such procedures provide for informal consensus of the advisory council so as to expedite the transaction of its business.

(Ord. 539 (part), 1977),

For purposes of this chapter, an improvement may be designated a landmark if it meets the following criteria:

(1) It exemplifies or reflects elements of the city's cultural, social, economic, political, aesthetic, engineering or architectural history; or

(2) It has special aesthetic or artistic interest or value; or

(3) It is identified with historic persons or with important events in local, state or national history; or

(4) It embodies distinguished architectural characteristics valuable for study of a period, style or method of construction, or it is a valuable example of the use of indigenous materials or craftsmanship; or

(5) It is representative of a notable work of a master builder, designer or architect. (Ord, 539 (part), 1977)

Landmarks shall be designated by the council in the following manner:

(1) Any owner may request the designation of an improvement as a landmark by submitting to the commission an application for such designation. The commission or city council may initiate such proceedings before the commission on its own motion.

(2) The commission shall conduct a preliminary study of the proposed designation and make a preliminary determination as to its appropriateness for consideration. If the commission determines that the application merits consideration, but only if it so determines, it shall schedule a public hearing to be held within thirty days of said decision.

(3) The commission's decision to schedule or not to schedule a public hearing shall be in writing and shall be filed with the building inspector and city clerk. No building, alteration, demolition or removal permits for the proposed landmark shall be issued while the application or any appeal relating thereto is pending, if such permit would substantially alter the exterior appearance of any such proposed landmark.

(4) Notice of the decision not to hold a public hearing shall be given by mail to the applicant; provided, however, nothing in this section shall prevent resubmission of an application for such designation.

(5) At least ten days prior to the date of the public hearings, notice of the date, time, place and purpose thereof shall be given by first-class mail to the applicant, owner and occupant of the improvement and to the owners of all property within three hundred feet of the exterior boundaries of the proposed landmark site, using for this purpose the name and address of such owners as are shown on the last equalized assessment roll of the county tax assessor, and shall be advertised once in a daily newspaper of general circulation.

(6) At the conclusion of the public hearing, but in no event more than sixty days from the date set for the initial public hearing, the application for designation shall be approved in whole or in part, or disapproved, and said application shall be forwarded to the planning commission for its review and recommendation.

(7) Within sixty days from the receipt of the commission's recommendation, the planning commission shall hold a public hearing and render its decision in the form of a written recommendation to the council. The written recommendation shall include the reasons for the recommendation and the relationship of the proposed landmark to the applicable general and specific plans. Notice of the time and place of said hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given at least ten calendar days before the hearing in the following manner:

(A) The notice shall be published at least once in a newspaper of general circulation in the city.

(B) Such notice shall be given by first-class mail to any person who has filed a written request therefor with the planning commission.

(C) Such notice of hearing shall be given by mail or personal delivery to all persons shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is subject to the proposed landmark designation.

(8) On receipt of the recommendation of the planning commission, the council shall hold a public hearing; provided, however, that if the planning commission has recommended against the designation as a landmark, the council shall not be required to take any further action thereon unless the applicant requests such a hearing by filing a written request with the city clerk within five days after the planning commission files its recommendations with the council. Notice Of the time and place of hearing, including a general explanation of the matter to be considered and including a general description of the area affected, shall be given at least ten days before the hearing in the following manner:

(A) The notice shall be published at least once in a newspaper of general circulation in the city.

(B) Such notice shall be given by first-class mail to any person who has filed a written request therefor with the planning commission.

The

council, within thirty days of receipt of the recommendation of the planning commission, shall by ordinance approve the application, in whole or in part, or shall by motion disapprove it in its entirety.

(9) Failure to send notice called for by subsection (5) of this section to any such property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The commission and council may also give such other notice as they may deem desirable or practicable.

(Ord. 539 (part), 1977).

Any area within the city may be designated a historic district if the council determines, pursuant to procedures set forth in Section 17.04.055, that said area possesses special cultural, historic, aesthetic, archaeological or architectural significance to the city. (Ord 539 (part), 1977).

Historic districts shall be established by the council in the following manner:

(1) Request for designation of a historic district may be made by twenty percent of the owners of real property within the designated area by submitting to the commission an application for such designation. The commission or the council may initiate such proceedings before the commission on their own motion.

(2) The commission shall conduct a study of the proposed designation and make a preliminary determination as to its appropriateness for consideration. If the commission determines that the application merits consideration, but only if it so determines, it shall schedule a public hearing for a date within thirty days of said decision.

(3) The commission's decision to schedule or not to schedule a public hearing shall be in writing and shall be filed with the building inspector and the city clerk. Notice of a decision not to schedule a public hearing shall be given by mail to the applicant.

(4) At least ten days prior to the date of the public hearing, notice of the date, place, time and purpose thereof shall be given by mail to the applicant, owners and occupants of all properties within the proposed district, together with owners of all property within three hundred feet of the exterior boundaries of the proposed district, obtaining the owner's names and addresses as specified in subsection (5) of Section 17.04.053 of this chapter.

(5) At the conclusion of the public hearing, but in no case more than ninety days from the date set for the initial public hearing, the commission shall recommend approval in whole or in part, or disapprove, and forward said application to the planning commission for its review and recommendation. In the event the owners of real property exceeding fifty-one per cent of the assessed value of all real property within the designated area, by the latest equalized assessment roll, file written protests to said designation at said hearing, no further proceedings shall be taken on said application.

(6) Within sixty days from the receipt of the commission's recommendation, the planning commission shall hold a public hearing and render its decision in the form of a written recommendation to the council. The written recommendation shall include the reasons for the recommendation and the relationship of the proposed historic district to the applicable general and specific plans. Notice of the time and place of said hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given at least ten calendar days before the hearing in the following manner:

(A) The notice shall be published at least once in a newspaper of general circulation in the city.

(B) Such notice shall be given by first-class mail to any person who has filed a written request therefor with the planning commission,

(C) Such notice of hearing shall be given by mail or personal delivery to all persons shown on the last equalized assessment roll as owning real property in the proposed district and within three hundred feet of the boundaries of said district.

(7) On receipt of the recommendation of the planning commission, the council shall hold a public hearing; provided, however, that if the planning commission has recommended against the designation as a historic district, the council shall not be required to take any further action thereon unless the applicants request such a hearing by filing a written request with the city clerk within five days after the planning commission files its recommendations with the council. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and including a general description of the area affected, shall be given at least ten calendar days before the hearing in the following manner:

(A) The notice shall be published at least once in a newspaper of general circulation in the city,

(B) Such notice shall be given by first-class mail to any person who has filed a written request therefor with the planning commission,

The

council, within thirty days of receipt of the recommendation of the planning commission, shall by ordinance approve the application, in whole or in part, or shall by motion disapprove it in its entirety.

(8) Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The commission may also give such other notice as it may deem desirable and practicable.

(Ord. 539 (part), 1977).

It is unlawful for any person to construct, change, alter, modify, remove or remodel any improvement, building, structure or sign within the boundaries of a historic district, or of a landmark or improvement upon a landmark site, without first obtaining a permit to do so in the manner provided in this chapter. No permit or other entitlement shall be granted by any city official or the planning commission until compliance has been had with this chapter. This section shall not apply to alterations, rehabilitation, restoration or remodeling which does not alter any improvement, building, structure, landmark or landmark site as to its exterior appearance.

(Ord. 539 (part), 1977)

The commission or the council, upon appeal, shall issue a permit for any proposed work as described in Section 17.04.056 above if, and only if, it determines:

(1) In the case of a designated landmark, the proposed work would not detrimentally alter, destroy or adversely affect any exterior architectural feature; or

(2) In the case of any property located within a historic district, the proposed construction, removal, rehabilitation, alteration, remodeling, excavation or exterior alteration conforms with the purposes of this chapter and specifically emphasizes the preservation of architectural styles existing in the area of the city prior to 1910, and secondarily emphasizes other distinct and noteworthy architectural styles reflecting the phases of Yreka's history; or

(3) In the case of construction of a new improvement, building or structure upon a landmark site, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of other existing improvements, buildings and structures on or adjacent to said site.

(Ord. 539 (part), 1977).

Subject to commission shall by resolution adopt minimum performance conditions for application within the historic district and which relate to any landmark or landmark sites relating to new construction, rehabilitation, preservation, remodeling and repair of any improvements within the historic district, landmarks or landmark sites. Any such rules and regulations shall not be adopted or amended by the commission without prior public hearing, notice of the date, place and time of which shall be published at least ten days prior to such hearing in a newspaper of general circulation in the city. Any such rules and regulations may set different and separate standards for commercial improvements as opposed to residential improvements. (Ord 539 (part), 1977)

The following procedures shall be followed in processing applications for permits covered by this chapter, except as provided in subsection (b) of Section 17.04.051.

(1) Upon initial application for approval of work covered by this chapter, a copy of the application shall be filed by the applicant with the commission.

(2) Such applications shall be accompanied by the following materials:

(A) An elevation of each side of the existing or proposed building(s), drawn at a scale of one-eighth of an inch equals one foot, or larger, with all materials, textures, and colors to be used identified and shown;

(B) Samples of all materials, including paint chips of proposed exterior paint colors;

(C) A site plan indicating existing topography, vegetation, structures and adjacent development, drawn at a scale of one-eighth of an inch equals one foot, or larger;

(D) Drawings of exterior details on buildings, including light standards and fixtures, screens for mechanical equipment or trash, meters and meter boxes, existing and proposed signs, and such other details as may exist on any building;

(E) Drawings of structures or furniture to be placed upon parcels within the district, including but not limited to fences, signs and lighting standards;

(F) Site photographs indicating topography, vegetation, existing structures and adjacent development;

(G) True, correct and complete copies of old photographs or historical records pertaining to the existing building or site;

(H) Where the application involves grading or drainage work, a plan indicating existing (with a solid line) and proposed (with a dashed line) contours, at two-foot or five-foot intervals, and all existing features of the grade.

(I) Conceptual landscaping plans, including general type, size and location of ground covers, trees and other vegetation, where changes of landscaping are proposed;

(J) Construction which will significantly interrupt views or vistas from a public street or way must be visually apparent on the site plan. Documentation showing that alternative ways of preserving public sightlines have been considered must be submitted;

(K) Any or all of the application requirements set forth in this subsection may be waived at the discretion of the commission;

(3) The commission shall complete its review and make a decision within thirty days of the date of receipt of the application. There shall be no notice, posting or publication requirements for action on the application, but all decisions, interim or final, shall be made at regular meetings of the commission.

(Ord. 539 (part), 1977)l

No improvement, structure or building situated within a historic district, landmark or improvement, or structure or building located upon a landmark site, shall be torn down, demolished or removed unless such improvement, building or structure is or has become so damaged or dilapidated, whether by damage from fire or other elements or from natural deterioration, that it is unusable and cannot reasonably be repaired or restored.

(Ord. 539 (part), 1977: Ord. 480 (part), 1972).

The following actions by the commission may be appealed to the city council:

(1) The commission's decision not to hold a public hearing upon an application for designation of a landmark or historic district;

(2) A determination made after a public hearing not to designate a proposed landmark or historic district;

(3) The commission's decision to designate a proposed landmark or historic district;

(4) The commission's decision to grant or not to grant a permit. Any owner within a proposed historic district, owner of a proposed landmark site or member of the commission may appeal by filing a notice of appeal with the council no later than ten days after the commission's written decision has been filed with the city clerk. Said notice shall be accompanied by a fee in the sum of ten dollars. The council shall schedule a public hearing to be held no later than thirty days after the notice of appeal is filed, and shall render its decision within thirty days of said hearing date.

(Ord. 539 (part), 1977).

Notwithstanding any other provision of this code in conflict with this section, the provisions of this section shall apply to signs in the historic district and landmark sites. Except as provided in Section 17.04.090, no sign shall be placed, erected, altered or relocated on any property within the historic district or on a landmark site unless the sign as to its exterior appearance is compatible with the purposes of this chapter, is approved by the commission, and complies with all of the following requirements:

(1) No sign shall be allowed except a sign which identifies or advertises the business conducted on the premises;

(2) Except as otherwise approved by the commission, each sign shall be affixed to a building;

(3) No sign shall project more than six feet from the face or vertical surface of the building;

(4) No sign shall project above the eave or parapet line of the building;

(5) The size of any sign shall be subject to the approval of the commission, the commission's decision in this regard to be based upon the purpose and intent of this title and, further, the effect any such sign might have on the visibility of the improvement or of an adjacent building;

(6) The area of an irregular sign shall be the area of the smallest rectangle which can wholly contain the sign;

(7) No sign shall move nor contain any flashing, blinking or moving letters. A sign or elements thereof shall not be self-illuminating by neon light or otherwise, except as hereinafter provided. The use of neon signs shall be limited to structures restored to the art deco period with street frontages on Minor Street between Broadway and Main Streets and on Main Street. Any such neon sign shall be constructed and lighted in a manner appropriate to the art deco style; and

(8) No sign shall contain any outline lighted tubing.

(Ord. 624, 1987; Ord. 539 (part), 1977: Ord. 508, 1974: Ord. 480 (part), 1972).

The provisions of this chapter shall not apply to the following signs:

(1) Official notices issued by a court or public body or officer, and notices posted by any public officer in the performance of a public duty or by any person in giving legal notice;

(2) Directional signs not exceeding four square feet in area for off-street parking and loading facilities;

(3) Signs not exceeding four square feet in area pertaining to the sale, lease or rental of the property on which such signs are placed;

(4) Temporary political, election or campaign signs not exceeding four square feet in area;

(5) Professional signs not exceeding four square feet in area;

(6) Church signs not exceeding twenty-four square feet in area.

(Ord. 539 (part), 1977: Ord. 480 (part), 1972).

Any lawful sign existing at the time of the adoption of this chapter may be continued, although the sign does not comply with the provisions of this chapter, subject to the following conditions and requirements:

(1) No sign shall be enlarged in area or changed to any other nonconforming sign.

(2) If the sign is removed or destroyed, it may not be replaced except in compliance with all the requirements of this chapter.

(Ord. 539 (part), 1977).

(a) Notwithstanding the provisions of Title 13 and Section 17.04.080 of this code, the historic district and landmarks commission, after approval by the planning commission and the city council, may establish by resolution special rules and guidelines for issuance in the historic district and at landmark sites for sign use permits. Such special rules and guidelines may include incentives to applicants to promote signs that will enhance the streetscape of the historic area and landmark sites in furtherance of the objectives of this chapter.

(b) Any person who applied for a special use permit from the commission pursuant to this section, which has been denied, may appeal the decision to the city council and a public hearing shall be held by the city council in regard to said application within thirty days of the date of the application. City council may affirm the decision of the commission or modify or grant application and the decision of the city council shall be final.

(Ord. 689, 1994).

Subject to the approval of the historic district and landmarks commission, an encroachment permit may be granted for the utilization of sidewalk areas within the historic district for sandwich signboards and outdoor dining facilities on sidewalk areas contiguous to the business applying for encroachment. The application for such an encroachment shall include those items required pursuant to Section 17.04.050 of the Yreka Municipal Code as may be relevant to the application and shall additionally include a schematic drawing of the sidewalk area and exact placement of any such proposed encroachment, together with existing encroachments. Applications for sandwich signboards shall be subject to the provisions of Section 17.04.080. Any such encroachment shall be subject to special provisions:

(1) Sandwich signboards shall generally be placed adjacent to the curb and not exceed four feet in height and sixteen inches in width. Such sign shall contain only the word "Open" and shall be color, shape and design compatible with the district and adjacent properties.

(2) Tables or chairs used for dining purposes shall not encroach upon more than one-half the width of the sidewalk. But in no event shall the traveled portion of the sidewalk be reduced to less than thirty-six inches or such width as may be required by state or federal law or regulations for handicap access. Such tables and chairs shall be of a color, shape and design compatible with the district and adjacent properties and be constructed of wood, wire, wicker or materials that resemble same. No alcoholic beverages shall be served or allowed at such tables.

(3) Any encroachment allowed pursuant to this section shall be placed within sidewalks area only during hours the business is open to the public.

(4) The permittee shall secure and keep in effect an endorsement of its general liability insurance naming the city of Yreka, its officers, agents and employees as additional insured for any or all liability arising out of such encroachment and said policy to have limits of not less than required under current city insurance guidelines.

(5) The permit issued pursuant to this section may be revoked at any time by the historic commission after notice and hearing if it finds that the permittee has not complied with the terms of the permit or that such obstructions constitute a danger or hazard to the public.

(Ord. 668, 1992).

Variation from building code requirements and encroachments. The building inspector is authorized and directed, where applicable, to administer and enforce as alternative building regulations those rules and regulations adopted pursuant to the State Historical Building Code, as set forth in Health and Safety Code Section 18950 et seq., and the regulations adopted pursuant thereto. Where reasonable and necessary for the development, restoration or preservation of any property pursuant to this chapter, the planning commission is authorized to issue encroachment permits upon the public ways when consistent with this chapter.

(Ord. 539 (part), 1977: Ord. 480 (part), 1972).

In the event any application for a permit is denied by the commission and no appeal is made to the council, or an appeal to the council is denied by the council, unless the denial is without prejudice, no new application for such permit substantially in the form of the previous application which was denied shall be made within six months subsequent to the effective date of the denial, unless it can be shown that the conditions under which the denial was made have substantially changed.

(Ord. 539 (part), 1977).

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material or external appearance thereof; nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such feature when the building inspector certifies to the commission that such action is required for the public safety due to an unsafe or dangerous condition and cannot reasonably be repaired or restored.

(Ord. 539 (part), 1977).

All permits under this chapter shall expire six months after the date they are issued.

(Ord. 539 (part), 1977; Ord. 480 (part), 1972).

(a) It shall be the duty of the building inspector to administer and enforce the provisions of this chapter.

(b) In the performance of his duties, the building inspector or his delegate shall have the right to enter any improvement, building, structure or premises for the purposes of investigation and inspections; provided, that such right of entry shall be exercised only at reasonable hours, and that in no event shall entry be made to any building, improvement or structure in absence of the owner or occupant thereof without a written order of a court of competent jurisdiction,

(c) In addition to the regulations of this chapter, other chapters of this code and other provisions of law which govern the approval or disapproval of applications for permits or licenses covered by this chapter, the building inspector shall have the authority to implement the enforcement thereof by any of the following means:

(1) He may serve notice requiring the removal of any violation of this chapter upon the owner, agent, occupant or tenant of the improvement, building, structure or land;

(2) He may call upon the chief of police and his authorized agents to assist in the enforcement of this chapter.

In addition to any of the remedies set forth in this subsection, the city attorney may maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this chapter, or for a permanent injunction in appropriate cases, upon council approval.

(d) Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars, or shall be imprisoned for a period not exceeding six months, or shall be so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under the provisions of this section.

(Ord. 539 (part), 1977: Ord. 480 (part), 1972).

The commission or council need not disapprove an application for a permit to carry out any proposed work in a historic district or on a landmark or a landmark site, if the applicant presents clear and convincing evidence of facts demonstrating to the satisfaction of the commission or council that such disapproval will work immediate and substantial hardship on the applicant because of conditions peculiar to the particular improvement, building, structure or other feature involved, and that failure to disapprove the application will be consistent with the purposes of this chapter. If a hardship is found to exist under this section, the commission or council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding.

(Ord. 539 (part), 1977: Ord. 480 (part), 1972).