Chapter 18.56
MHD MARKLEEVILLE HISTORIC DISTRICT COMBINED ZONE
Sections:
18.56.050 Dimensional requirements—Building height, lot area, setbacks.
18.56.060 Historic period of architecture defined.
18.56.070 Markleeville design guidelines established.
18.56.080 Markleeville design review committee.
18.56.090 Design review procedures.
18.56.100 Special requirements for removal or demolition of structures.
18.56.120 Enforcement and penalties.
18.56.010 Purpose.
The purpose of the MHD Markleeville historic design combined zone is to protect and enhance the historic character of Markleeville, which is economically important to the tourist industry and culturally important to the people of Markleeville and Alpine County. More specifically, these regulations and associated guidelines are intended to:
A. Promote preservation of historic buildings.
B. Promote the harmonious appearance of nonhistoric buildings and new development within the Markleeville townsite area.
C. Ensure that new construction and new development within the Markleeville townsite area is compatible with the area’s historic period of architecture. (Ord. 687 § 2 (part), 2008)
18.56.020 Applicability.
A. Historic Area Designated. This chapter applies to the entire townsite of Markleeville containing approximately one hundred sixty acres as depicted on that map entitled “Map Showing Markleeville Townsite, Alpine County, California, SE 1/4 of Section 21, T10N, R20E” dated May 6, 1910.
B. Projects. This chapter applies to the following projects located within the historic area:
1. Exterior modification of any structure that requires a building permit.
2. Removal or demolition of any structure (or portion thereof) built or put in place prior to 1940.
3. Construction of any new structure, including additions to existing structures.
4. Placement of any sign that requires a permit pursuant to Chapter 18.74 (Sign Regulations).
5. Installation of any outdoor lighting fixture.
6. Change in exterior colors of any building or structure located within the commercial core area as defined in the Markleeville historic design guidelines adopted by the board of supervisors.
7. Any site work that involves grading or terracing of land.
8. Installation of any fence or wall, including modification of an existing fence or wall.
9. Creation of any vehicle parking area and/or driveway.
10. The construction, erection or installation of any structure or storage shed containing more than thirty square feet of floor area within the commercial core area.
C. Design Review Required. Except as provided in Section 18.56.030, all the activities described in subsection B of this section are subject to the design review process as described in this chapter. The design review process shall be completed and the activity shall be approved by the committee prior to issuance of a building permit if such permit is required, or, if no building permit is required, prior to commencement of the activity. (Ord. 687 § 2 (part), 2008)
18.56.030 Exceptions.
A. Maintenance and Repair. Routine maintenance and repair that does not change the exterior physical appearance of the structure and does not involve any of the actions in Section 18.56.020 is not subject to the requirements of this chapter.
B. Natural Acts and Disasters. Any structure that is damaged by fire, flood, windstorm or any other act of nature such that it is determined by the building official to be unsafe for human occupancy and cannot with reasonable diligence be repaired and restored is not subject to the requirements of this chapter and may be removed upon issuance of a permit for removal by the Alpine County building department.
C. Dilapidated and Damaged Structures. Any structure that becomes dilapidated and/or damaged to the extent that it is determined by the building official to be unsafe for human occupancy and cannot with reasonable diligence be repaired and restored is not subject to the requirements of this chapter and may be removed upon issuance of a permit for removal by the Alpine County building department. (Ord. 687 § 2 (part), 2008)
18.56.040 Permitted uses.
Permitted uses in the Markleeville historic design (MHD) combined zone are all of the uses allowed in the underlying zone with which the Markleeville historic design zone is combined. (Ord. 687 § 2 (part), 2008)
18.56.050 Dimensional requirements—Building height, lot area, setbacks.
The building height, lot area and setback requirements in the MHD combined zone shall be as stated in the underlying zone with which the Markleeville historic design zone is combined, except where the Markleeville design guidelines adopted pursuant to Section 18.56.070 specifically state a more restrictive requirement. (Ord. 687 § 2 (part), 2008)
18.56.060 Historic period of architecture defined.
The term “historic period of architecture” as used in this chapter refers to that style of architecture generally used in the Sierra Nevada region in the period of 1850 to 1940. (Ord. 687 § 2 (part), 2008)
18.56.070 Markleeville design guidelines established.
The board of supervisors shall, by resolution separate from this chapter, adopt the Markleeville historic design guidelines. Such guidelines shall be consistent with this chapter and may be amended from time to time by resolution of the board of supervisors. (Ord. 687 § 2 (part), 2008)
18.56.080 Markleeville design review committee.
A. Committee Established. The Markleeville design review committee (“committee”) shall consist of five regular members appointed by the board of supervisors and one ex officio member who shall be the director of the Alpine County Museum or his or her designee.
B. Appointments. The board of supervisors shall strive to appoint regular members representing a broad range of interests. Preference shall be given to appointing residents, owners of businesses and owners of property all located within the Markleeville townsite area.
Members may also be chosen from the following categories, in no particular order of preference:
1. Design or historic preservation professional familiar with the Markleeville area or other similar communities within the Sierra Nevada region.
2. Residents of Alpine County.
3. Owners of property located within Alpine County.
4. Persons with a demonstrated interest in, or special knowledge of, the history of Markleeville.
C. Ex Officio Member. The ex officio member is a nonvoting member and shall not be counted for purposes of determining a quorum of the committee. The ex officio member’s purpose is to provide historical information and data that is relevant to the design review process.
D. Terms. The five regular members shall be appointed to four-year terms, staggered so that no more than two members’ terms expire in a single calendar year. Upon expiration of a term, the member may continue to serve on the committee until such time that the board of supervisors renews the term of the existing member or appoints a new member. (Ord. 687 § 2 (part), 2008)
18.56.090 Design review procedures.
A. Commencement of Review. The design review process is initiated when the planning department receives any of the following:
1. Notification from the building official that a complete building permit application for an activity subject to this chapter has been submitted to the building department.
2. Notification from a project proponent that he or she intends to commence an activity subject to this chapter that does not require a building permit. Such notification shall describe the activity in sufficient detail to allow the committee to complete its review and make a determination as to whether or not the project complies with the Markleeville design guidelines.
B. Review Fee. The board of supervisors may, by separate resolution, establish review fees that must be paid by a project proponent in order to initiate the review process.
C. Committee Review. The committee shall conduct its review in a public meeting with public notice as required by law and as specifically required in this chapter. A quorum of the committee is required and must be physically present at the meeting in order to conduct the review. The committee shall review the proposed activity in accordance with the requirements of this chapter and the Markleeville design guidelines adopted by the board of supervisors.
D. Notification of Review. Notification of a review to be conducted by the committee shall be provided as follows:
1. Posting of Agenda. An agenda shall be posted in two or more public locations in Markleeville. Posting shall be in advance of the meeting as provided by law.
2. Notification of Adjacent Property Owners. Notification shall be mailed to owners of properties located within three hundred feet of the property in which the proposed activity is located. At least fifteen business days prior to the day of the scheduled meeting, such notices shall be mailed to the addresses as shown on the most current database of property addresses maintained by the Alpine County assessor’s office.
E. Committee Determination. Upon the completion of its review, the committee shall determine whether or not the proposed activity complies with the requirements of this chapter and is consistent with the Markleeville design guidelines approved by the board of supervisors. The determination may include conditions of approval necessary to make the activity comply with the requirements of this chapter and the Markleeville design guidelines. If the determination is that the activity does not comply with the requirements of this chapter and/or the Markleeville design guidelines, the committee shall state the specific reasons and provide the same in writing to the applicant within three working days of the determination.
The committee’s determination shall be made within thirty days of the date of the initial committee meeting at which the activity was first reviewed. The permit or activity authorized by the determination shall not commence during the appeal period as provided in Section 18.56.110 of this chapter.
The committee’s determination shall be delivered in writing to the building official within three business days of the determination, or any decision on an appeal pursuant to Section 18.56.110. The building official shall also be notified in writing within three business days of any appeal that is filed. (Ord. 687 § 2 (part), 2008)
18.56.100 Special requirements for removal or demolition of structures.
Except as provided in Section 18.56.030(B) and (C), the removal or demolition of any structure put in place prior to 1940 shall not be authorized unless and until a plan for a replacement use or new building for the property has been approved by the county. Approval of such plan by the county shall be evidenced by at least one of the following:
A. Issuance of a building permit for a new structure.
B. Approval of a conditional use permit if the replacement use does not include any structures.
C. Approval of a development plan for a planned development pursuant to Section 18.28.010(B) of this title. (Ord. 687 § 2 (part), 2008)
18.56.110 Appeal.
In the event the applicant, or any interested party, is not satisfied with the action of the committee, he/she may appeal in writing to the planning commission within ten days upon payment of the appropriate fee. The term “interested party,” as used herein, shall include any resident, property owner or other person lawfully in possession of any premises within the area described in Section 18.56.020. After the committee’s decision, appeal procedures specified in Chapter 18.88 of this title and fees set forth in the county fee ordinance, set out at Chapter 3.04 of this code, shall apply. (Ord. 687 § 2 (part), 2008)
18.56.120 Enforcement and penalties.
No building permit shall be issued nor shall any activity be commenced that is subject to the provisions of this chapter unless such permit or activity complies with the requirements of this chapter and is consistent with the Markleeville design guidelines, and such determination has been made in accordance with the requirements of this chapter. Nothing in this section shall affect requirements to comply with other regulations or receive other permits that are applicable to the proposed activity. In addition to the penalties provided in Chapter 18.92 of this code, failure to comply with the requirements of this chapter may be punishable by a fine of up to ten thousand dollars per occurrence. Such fine may be imposed upon an order of the board of supervisors which shall be accompanied by written findings regarding failure to comply. Failure to pay the fine in full in a timely manner as specified in the board of supervisors’ order may result in a lien being filed against the property. (Ord. 687 § 2 (part), 2008)