Local zoning · Tulare

Tulare — Historic Preservation

Q: How is a landmark shown on the zoning map and how does that change permitting?

An individually designated landmark is shown by adding (H) to the base zone on the Official Zoning Map (for example R-1-6(H) ). Once designated the property must get Planning Commission approval for most exterior permits under Chapter 10.38 . See § 10.38.050(B) and § 10.38.130 .

Historic Preservation under the Tulare local zoning and planning code, with the controlling citations.

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Last reviewed: July 2, 2026

Overview

This page explains how Tulare’s zoning ordinance regulates historic preservation through the Historic Site and Historic Neighborhood Overlay (H) and related procedures in Title 10 (zoning). It summarizes what triggers Designation and permit review, what the Planning Commission must find to approve changes, and how the overlay interacts with base zones like R-1-6, C-1, and M-1. All standards and processes below are pulled from the City’s ordinance and cited to the controlling §.

How this chapter fits into Tulare’s zoning system

The city’s list of base zones (for example R-1-20, R-1-12.5, R-1-4 & R-1-6, R-M, R-H-14 & R-H-20, C-1, C-2, C-3, M-1) and overlay zones (including the H overlay) is established in § 10.06.030.
Historic rules are consolidated in Chapter 10.38: Historic Site and Historic Neighborhood Overlay Zone (the “historic chapter”), which defines designation criteria, the permit review rules, and how the overlay is shown on the Official Zoning Map.

Inline links: the ordinance’s review rules interact with the city’s development standards, design review, parking, land use, overlay districts, ADUs, and the California Building Standards Code (as applied to historic buildings); applicants often rely on variances and exceptions when strict code compliance would harm a historic resource.

District-by-district breakdown (what matters for historic preservation)

Note: the historic ordinance does not replace base-zone dimensional rules; it overlays permit review and additional procedural controls. Each district below shows where a historic designation typically sits and what the historic chapter adds.

H — Historic Site and Historic Neighborhood Overlay (the overlay)

Purpose: To preserve and regulate historic cultural landmarks and local historic districts, provide designation procedures, and require Planning Commission review of alterations, demolition, and new construction affecting designated resources. See § 10.38.010.
Typical regulatory effect: When a property becomes a historic cultural landmark, it is shown on the Official Zoning Map with the base zone followed by (H) (example: R-1-6(H)). Historic districts are adopted by ordinance and their boundaries are recorded; individual contributors inside districts are subject to district review. See § 10.38.050(B–C).
Permit/review: Alteration, demolition, grading, relocation, restoration, or new construction affecting a landmark or property in a historic district requires a city permit and Planning Commission approval under the chapter’s permit-review rules. See § 10.38.130 (landmark review) and § 10.38.140 (historic district review).
Standards: The Commission uses the chapter’s purposes and the Secretary of the Interior’s Standards as the baseline for findings; districts may adopt specific design standards (Preservation/District Plans) that the Commission applies. See § 10.38.130(G)(1) and provisions describing Preservation/District Plans.

R-1 (Low Density Residential: R-1-4 & R-1-6)

Purpose / where it applies: Single‑family neighborhoods. The base zones are listed in § 10.06.030.
Typical permitted uses: Single‑family detached (per Table 10.08.020-1), accessory uses, limited home occupations — the Land Use Tables set permitted/conditional uses per residential zone. See Table 10.08.020-1 / § 10.08.020.
Key dimensional standards relevant to review: Typical front setback 15 ft (reducible to 10 ft in R-1-6, or 8 ft in R-1-4 by CUP), rear 5 ft, side 5 ft, street-side 10 ft; max height 35 ft (see Chapters on setbacks and development standards). See § 10.14.070 and § 10.14.090.
How historic overlay interacts: If a house in R‑1 is designated as a historic cultural landmark it becomes R-1-6(H) or the applicable base zone plus (H) and requires Commission review for most exterior permits. See § 10.38.050(B).

R‑M and R‑H (Medium and High Density Residential)

Purpose / uses: Multi‑family housing is allowed per the Land Use Tables; design review expectations differ because scale/context vary. See Table 10.08.020-1 and § 10.06.030.
Dimensional notes: R‑M and R‑H have their own setbacks and open space rules in Chapters 10.14 and 10.50; when a resource in these zones is designated, the historic permit process overlays these rules (does not automatically change numeric setbacks). See § 10.50.010–020 and § 10.14.070.

C‑1, C‑2, C‑3 (Commercial zones) and M‑1 (Light industrial)

Purpose / uses: Commercial and industrial uses are regulated by the Land Use Tables; historic commercial buildings downtown or along corridors are frequently designated. See § 10.06.030 and Table 10.08.020-1.
Key effect: Designation requires Commission review of exterior work; the Commission applies district-specific design standards and the Secretary of the Interior’s Standards when deciding whether new signage, storefront changes, or infill are “detrimental” to the historic values. See § 10.38.140(F)(1–3) and § 10.38.130(G)(1).

Quick decision table (most frequently checked items)

What the city regulates	Rule or threshold	Code reference
Age threshold for presumptive historic significance	50 years (exceptions if of exceptional importance)	§ 10.38.040(A)
How a landmark is shown on the map	Add (H) to the base zone (example R-1-6(H))	§ 10.38.050(B)
Who decides designations	Planning Commission recommendation; City Council adoption by ordinance	§ 10.38.090
Permit processing timeline when a permit touches a landmark	Receiving dept must notify Secretary and forward within 5 calendar days; Commission authorization required before processing	§ 10.38.130(B)
Temporary moratorium during designation hearing	90 days restriction on permits after notice of hearing is mailed	§ 10.38.060(B)(3)
Findings the Commission must make to approve work	Consistent with chapter purposes and the Secretary of the Interior’s Standards (not detrimental); other findings for hardship, safety, or public use	§ 10.38.130(G) and § 10.38.140(F)
Economic hardship test (when denial may be reversed)	“After‑rehabilitation” valuation and appraisal methodology; >20% threshold may indicate hardship	§ 10.38.140(H)
Emergency exception	Secretary may issue a building permit if demolition/alteration is immediately necessary for public health/safety	§ 10.38.130(E)
State code interplay	State Historical Building Code / Title 24 Part 8 and California Building Code applied liberally to effectuate preservation purposes	§ 10.38.200 and definitions

Checklist (what an applicant must satisfy to get a permit affecting a designated resource)

Confirm whether the property is on the Local Register of Historic Cultural Landmarks or inside a local historic district (Secretary’s list / Official Zoning Map). See § 10.38.110.
If the property is designated, prepare and file a complete permit application plus any Historic Resource documentation (photographs, DPR #523 form) required by the historic chapter (§ 10.38.060(A)(5–8)).
Expect the city to route the application to the Secretary within 5 calendar days; do not expect building permit processing until Commission authorization (unless emergency). See § 10.38.130(B–E).
Design the work to be consistent with the Secretary of the Interior’s Standards and any district Preservation/District Plan design standards (or provide justification addressing the Commission’s findings). See § 10.38.130(G)(1) and district plan rules.
If relying on “unreasonable economic hardship,” prepare an economic feasibility analysis following the valuation steps the ordinance requires. See § 10.38.140(H).
Coordinate code compliance with the building department and expect application of the State Historical Building Code or Title 24 where appropriate; the Chapter directs liberal interpretation to effect preservation. See § 10.38.200.

Risks & Ambiguities

Issue	Why it matters	What to verify
Owner consent for designation	The ordinance allows non‑owner initiation; owners are notified but designation can proceed without consent. This affects planning/strategy.	Verify whether the nomination was owner‑initiated or City‑initiated and check the notice history. See § 10.38.060(A)(7).
Whether a property is shown as (H) vs simply inside a district	Individual landmarks get (H) on the zoning map; districts themselves are adopted by ordinance but contributors inside a district are not given an (H) suffix. That changes map-based searches and permit routing.	Confirm the Official Zoning Map notation and read the ordinance for the district boundaries. See § 10.38.050(B–C).
Permit processing delays	The receiving department must forward applications to the Secretary within 5 calendar days, which can pause normal processing.	Confirm routing and whether staff has already made the Secretary referral. See § 10.38.130(B).
Economic hardship evidentiary standard	Relief for owners is allowed but requires a formal valuation and methodology (appraisal, after‑rehab income approach).	If claiming hardship, verify appraisal scope, capitalization rate, and rehab cost estimates per § 10.38.140(H).
Relationship to other development rules (setbacks, parking, ADUs)	Historic review does not automatically change numeric standards (setbacks, parking) but can affect how design exceptions or variances are evaluated.	Check the base zone standards in Chapters 10.14 and 10.50 and parking rules in Chapter 10.54; verify if district plan allows deviations. See § 10.14.070 and § 10.50.010–020.

Plain-English Summary

If your building or property in Tulare is designated as a historic cultural landmark or is inside a designated historic district, most exterior work (demolition, additions, new construction, grading, even some landscaping and signs) requires Planning Commission approval under Chapter 10.38; the Commission must find the work is consistent with the chapter’s purposes and the Secretary of the Interior’s Standards, or qualify under narrow exceptions such as emergency work or proven economic hardship. See § 10.38.130 and § 10.38.140.

Source References

§ 10.06.030 — Base and overlay zone list (including Historic Overlay H)
§ 10.38.010 — Purpose of Chapter 10.38 (Historic overlay)
§ 10.38.020 — Definitions (historic cultural landmark, contributor, alteration)
§ 10.38.040 — Designation criteria (including 50 years)
§ 10.38.050 — Designation process; mapping of (H) notation and district adoption by ordinance
§ 10.38.060 — Historic cultural landmark application requirements and 90‑day limitation during hearing notice
§ 10.38.070 — Local historic district procedures (owner consent thresholds, application steps)
§ 10.38.090 — Council adoption authority for landmarks/districts
§ 10.38.100 — Amendment or rescission of designation
§ 10.38.130 — Historic cultural landmark permit review process (5‑day referral, Secretary role, emergency exception, findings)
§ 10.38.140 — Historic district permit review process and economic hardship rules (after‑rehabilitation valuation)
§ 10.38.110 & § 10.38.120 — Local Register and deletion of demolished/relocated landmarks
§ 10.38.170–200 — Substandard buildings, advice to owners, public property, and State code interplay (State Historical Building Code/Title 24)
Table 10.08.020‑1 / § 10.08.020 — Land use tables (permitted uses by base zone)
§ 10.14.070 — Building setback areas and numeric setbacks (R‑zones examples)
§ 10.50.010–020 — Development standards and applicability citywide

Sources

Retrieved passages

Tulare Zoning Code (§ 10.38.040) High relevance
Tulare Zoning Code (§ 10.38.110) High relevance
Tulare Zoning Code (§ 10.38.020) High relevance
Tulare Zoning Code (§ 10.38.080) High relevance
Tulare Zoning Code (§ 10.38.050) High relevance
Tulare Zoning Code (§ 10.38.040) High relevance
Tulare Zoning Code (§ 10.38.140) High relevance
Tulare Zoning Code (section shall) High relevance
Tulare Zoning Code (section shall) Medium relevance
Tulare Zoning Code (Chapter 10.54.) Medium relevance
Tulare Zoning Code (§ 10.06.020) Medium relevance
Tulare Zoning Code (chapter unless) Medium relevance
Tulare Zoning Code (CHAPTER 10.02) Medium relevance
Tulare Zoning Code (§ 10.66.090) Medium relevance

Cited sections

Official Tulare code library

Frequently asked questions

What makes a building eligible to be a historic cultural landmark in Tulare?

A building, structure, object, or site generally must be more than 50 years old and retain integrity in location, design, materials, and association, and meet one or more significance criteria (events, persons, architecture, archaeology). Exceptional resources under 50 years may qualify if of exceptional importance. See § 10.38.040.

How is a landmark shown on the zoning map and how does that change permitting?

An individually designated landmark is shown by adding (H) to the base zone on the Official Zoning Map (for example R-1-6(H)). Once designated the property must get Planning Commission approval for most exterior permits under Chapter 10.38. See § 10.38.050(B) and § 10.38.130.

If my property is inside a historic district, do I have the same review as an individually designated landmark?

Properties that are contributors inside a local historic district are subject to the historic district permit review process; the Commission applies the district’s adopted design standards and the Secretary of the Interior’s Standards to contributors and evaluates non‑contributors and infill for consistency. See § 10.38.140(F)(1–3).

Can the city stop me from altering my property while it considers landmark designation?

Yes — after notice of hearing to the owner is mailed, the property is generally prohibited from permit work for 90 days while designation is considered (unless the owner consents to extend the period). See § 10.38.060(B)(3).

What findings must the Planning Commission make to approve work on a landmark?

For landmarks the Commission must find that the proposed work is consistent with the chapter’s purposes and the Secretary of the Interior’s Standards and not detrimental to the resource’s special historical/architectural value; other findings include necessity for safety or evidence of unreasonable economic hardship. See § 10.38.130(G) and § 10.38.140(F).

What if the owner claims economic hardship to demolish or alter a landmark?

The ordinance allows denial to be overturned on a finding of unreasonable economic hardship, but the owner must present an economic feasibility analysis using an “after‑rehabilitation” income approach and appraisals; the code details the valuation steps and a 20% comparative threshold for some determinations. See § 10.38.140(H).

Does ordinary maintenance require Commission approval?

No — ordinary maintenance and repair that does not change design, materials, or appearance is exempt from the permit and does not require Commission approval. See § 10.38.130(D) and § 10.38.140(C).

Will historic designation change numeric setbacks, parking, or allowed uses?

No — designation overlays the base zone; numeric rules like setbacks and parking remain the base‑zone rules unless the district’s Preservation/District Plan or a discretionary approval (PUD, variance) provides allowed deviations. Check the base‑zone standards in Chapters 10.14 and 10.50 and the Land Use Tables (Table 10.08.020‑1). See § 10.14.070 and § 10.50.010–020.

Can the Building Official or Director issue a permit in an emergency?

Yes — the Secretary (or Director where provided) may authorize a building permit if demolition, removal, or substantial alteration is immediately necessary to protect public health, safety, or general welfare. See § 10.38.130(E) and § 10.38.140(D).

How does the State Historical Building Code relate to Tulare’s historic chapter?

Chapter 10.38 directs application of the State Historical Building Code and the California Building Code (Title 24) in a manner that furthers preservation, and directs the Director and Fire Marshal to interpret codes liberally to effectuate preservation where appropriate. See § 10.38.200 and the chapter definitions. ---

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