Chapter 13
PRESERVATION OF HISTORICAL, ARCHITECTURAL, AND AESTHETIC STRUCTURES

Sections:

8-13.01    Powers and duties of the Planning Department and Planning Commission.

8-13.02    Designation of historic structures.

8-13.03    Amendment or rescission of designation.

8-13.04    Initiation of designation.

8-13.05    Hearings by the Planning Commission.

8-13.06    Designation by the Council.

8-13.07    Appeals to the Council.

8-13.08    Notices of designation by the Council.

8-13.09    Conformity required.

8-13.10    Permit applications: Receipt: Forwarding.

8-13.11    Permit applications: Review by the Planning Commission.

8-13.12    Permit applications: Standards for review.

8-13.13    Permit applications: Showing of hardship in cases of proposed alterations or construction.

8-13.14    Appeals.

8-13.15    Unsafe or dangerous conditions.

8-13.16    Property owned by public agencies.

8-13.17    Recognition of structures of merit.

8-13.18    Filing fees.

8-13.19    Enforcement: Violations: Penalties.

8-13.20    Permit applications filed during pending proceedings.

8-13.01 Powers and duties of the Planning Department and Planning Commission.

The Planning Department (referred to in this chapter as “Department”) and the Planning Commission shall have and exercise the powers and shall perform the duties set forth in this chapter with respect to historical preservation.

(a)    The Planning Commission:

(1)    Shall recommend to the Council, after a public hearing, on the designation of structures as more fully set forth in Section 8-13.06 of this chapter;

(2)    Shall review and decide on permit applications for the construction, alteration, and demolition of structures as more fully set forth in Section 8-13.11 of this chapter;

(3)    May take steps to encourage or bring about the preservation of structures where the Planning Commission has decided to suspend action on a permit application, as more fully set forth in subsection (c) of Section 8-13.11 of this chapter; and

(4)    With public input, shall establish and maintain a list of structures and other features deemed deserving of official recognition, although not designated as structures, and take appropriate measures of recognition, as more fully set forth in Section 8-13.17 of this chapter.

(b)    The Department and the Planning Commission:

(1)    Shall carry out studies and adopt criteria to identify and evaluate structures worthy of preservation;

(2)    May inspect and investigate structures and areas which they have reason to believe worthy of preservation;

(3)    May disseminate information to the public concerning those structures and areas deemed worthy of preservation and may encourage and advise property owners in the protection, enhancement, perpetuation, and use of structures and other officially recognized property of historic interest;

(4)    May consider methods other than those provided for in this chapter for encouraging and achieving historical preservation and make appropriate recommendations to the Council;

(5)    May establish such policies, rules, and regulations as they deem necessary to administer and enforce this chapter; and

(6)    Shall establish guidelines for the construction, demolition, and alteration of designated sites, structures, and other features.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.02 Designation of historic structures.

(a)    Pursuant to the procedures set forth in this chapter, the Council, by ordinance, may designate an individual structure or other feature, or an integrated group of structures and features on a single lot or site, having a special character or special historical, architectural, or aesthetic interest or value as a historic structure and shall designate a site for each historic structure.

(b)    Each such designating ordinance shall include a description of the characteristics of the historic structure which justify its designation, and a description of the particular features which should be preserved, and shall include the location and boundaries of the historic structure. Any such designation shall be in furtherance of and in conformance with the purposes of this chapter and the standards set forth in this chapter.

(c)    The property included in any such designation shall be subject to the controls and standards set forth in this chapter. In addition, the property shall be subject to the following controls and standards if imposed by the designating ordinance:

(1)    For a publicly-owned structure, the review of proposed changes in major interior architectural features; and

(2)    For a privately-owned structure, such further controls and standards as the Council deems necessary or desirable, including, but not limited to, facade, setback, and height control.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.03 Amendment or rescission of designation.

The Council may amend or rescind a designation at any time, subject to all of the procedures set forth in this chapter for an original designation.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.04 Initiation of designation.

The initiation of a designation shall be by a resolution of either the Council or the Planning Commission or on the verified application of the owners of the property to be designated or their authorized agents. Any such application shall be filed with the Department upon forms prescribed by the Department and shall be accompanied by all the data required by the Planning Commission.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.05 Hearings by the Planning Commission.

The proposed designation by resolution or application shall be promptly referred to the Planning Commission with a report from the Department. After receiving a report from the Department, the Planning Commission shall hold a public hearing on the proposal at its next regular meeting. A record of pertinent information presented at the hearing shall be made and maintained as a permanent record.

(a)    Notices of hearings. Notice of the time, place, and purpose of such hearing shall be given by publication at least five (5) days prior to the hearing.

(b)    Time limitations. The Planning Commission shall consider the report of the Department and shall consider the conformance or lack of conformance of the proposed designation with the purposes and standards of this chapter. The Planning Commission shall approve, disapprove, or modify the proposal withal sixty (60) days after the noticed public hearing.

(c)    Notices of action taken. The Planning Commission shall promptly notify the property owner in writing of the action taken. If the Planning Commission approves or modifies the proposed designation in whole or in part, it shall transmit the proposal, together with a copy of the resolution of approval, to the Council.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.06 Designation by the Council.

The Council shall hold a public hearing on any proposal so transmitted to it within twenty (20) days upon due notice to the owners of the property included in the proposal and notice as provided in subsection (a) of Section 8-13.05 of this chapter. The Council may approve, or modify and approve, or deny the designation by a majority vote of all its members. The approval, or modification and approval, of a designation by the Council shall be upon the adoption of an ordinance.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.07 Appeals to the Council.

If the Planning Commission disapproves the proposed designation, such action shall be final except upon the filing of an appeal to the Council as provided in Section 8-13.14 of this chapter.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984, as amended by § 1, Ord. 1061-98 C-M, eff. November 12, 1998)

8-13.08 Notices of designation by the Council.

When a historical structure has been designated by the Council as provided in this chapter, the Department shall promptly notify the owners of the property included therein. The ordinance shall contain a legal description of the land upon which the designated structure is located, a statement of the characteristics of the structure, a declaration of its historical significance and need for preservation, and the special features of the structure which are desirable to preserve. The Department shall cause a copy of the designating ordinance, or notice thereof, to be recorded in the office of the County Recorder.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.09 Conformity required.

(a)    No person shall carry out, or cause to be carried out, on a designated historical structure any construction, alteration, demolition, or removal without approval by the Planning Commission pursuant to Section 8-13.11 of this chapter, except to conform with the provisions of Section 8-13.15 of this chapter. In addition, no such work shall take place unless all other applicable laws and regulations have been complied with and a permit has been issued for the work.

(b)    The Building Official shall not issue, and no other City department or agency shall issue, any permit for the construction, alteration, demolition, or removal of a historical structure without approval by the Planning Commission pursuant to Section 8-13.11 of this chapter, except in conformity with the provisions of Section 8-13.15 of this chapter. In addition, no such permit shall be issued unless all other applicable laws and regulations have been complied with.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.10 Permit applications: Receipt: Forwarding.

The Department shall maintain with the Building Official a current record of designated historical structures. Upon the receipt of any application for a permit to carry out any construction, alteration, demolition, or removal on a historical structure site, the Building Official, unless the structure concerned has been declared unsafe or dangerous pursuant to Section 8-13.15 of this chapter, shall promptly forward such application to the Department for processing as provided in this chapter.

(§ 1, Ord. 634-84 C-M, eff, March 29, 1984)

8-13.11 Permit applications: Review by the Planning Commission.

After receiving the permit application, the Department shall promptly refer it to the Planning Commission with a report and recommendation. The Planning Commission shall consider the application at its next regular meeting or, within its discretion, may call for a public hearing on the application.

(a)    Notices of hearings. In the event of a call for a public hearing, the notice of hearing shall be given as provided in subsection (a) of Section 8-13.05 of this chapter.

(b)    Decisions: Time limitations. The Planning Commission shall consider the report of the Department and shall consider the conformance or lack of conformance of the proposed work with the purposes and standards set forth in this chapter and with the provisions of the designating ordinance. The Planning Commission shall approve, suspend, or disapprove the application as specified in this subsection, or, with the applicant’s consent, shall modify and approve the application, within sixty (60) days. Failure to act within such time shall constitute approval. The Planning Commission shall promptly notify the owners of all property covered by the permit application of any action taken.

(1)    If the application is for a permit to make exterior alterations or to carry out new construction, the Planning Commission shall approve, modify, or disapprove the application, in whole or in part, or suspend action on it for a period not to exceed ninety (90) days; provided, however, the Council, by resolution, for good cause shown, may extend the suspension for an additional period not to exceed ninety (90) days if the Council acts not more than sixty (60) days and not less than thirty (30) days prior to the expiration of the original ninety (90) day period.

(2)    If the application is for a permit to demolish a structure, the Planning Commission shall approve or modify the application, in whole or in part, or suspend action on it for a period of not to exceed ninety (90) days; provided, however, the Council, by resolution, for good cause shown, may extend the suspension for an additional period not to exceed ninety (90) days if the Council acts not more than sixty (60) days and not less than thirty (30) days prior to the expiration of the original ninety (90) day period.

(c)    Suspended action on permit applications. In the event action on the application is suspended as provided in this section, the Planning Commission, with the advice and assistance of the Department, may take such steps as it determines are necessary to preserve the structure concerned in accordance with the purposes of this chapter. Such steps may include, but shall not be limited to, consultations with civic groups, public agencies, and interested citizens, recommendations for the acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one or more structures or other features,

(d)    Action following suspension periods. In the event action on the application is suspended as provided in this section, and no solution is met to preserve the structure concerned as provided in subsection (c) of this section, then, upon the expiration of the suspension period, the application for the permit shall be granted provided it complies with all other applicable laws and regulations.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.12 Permit applications: Standards for review.

The Planning Commission shall be guided by the standards set forth in this section in its review of permit applications for work or change of conditions on a historical structure. In appraising the effects and relationships established herein, the Planning Commission in all cases shall consider the factors of architectural style, design, arrangement, texture, materials and color, and any other pertinent factors.

(a)    The proposed work shall be appropriate for and consistent with the effectuation of the purposes of this chapter and shall preserve or enhance the characteristics and particular features specified in the designating ordinance.

(b)    The proposed work shall not adversely affect the exterior architectural features of the structure and, where specified in the designating ordinance for a publicly-owned structure, its major interior architectural features; nor shall the proposed work adversely affect the special character or special historical, architectural, or aesthetic interest or value of the structure and its site, as viewed both in themselves and in their setting.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.13 Permit applications: Showing of hardship in cases of proposed alterations or construction.

Regardless of whether or not the standards set forth in Section 8-13.12 of this chapter are met, the Planning Commission may approve a permit application to carry out alterations or construction on a historical structure site if the applicant presents facts clearly demonstrating to the satisfaction of the Planning Commission that such disapproval will work immediate and substantial hardship because of conditions peculiar to the particular structure or other feature involved, and that the approval of the application will be consistent with the purpose of this chapter. If hardship is found to exist under this section, the Planning Commission shall make a written finding to that effect and shall also specify in writing the facts relied upon in making such finding. Nothing in this section shall prohibit the Planning Commission from acting to modify or to suspend action on any application pursuant to Section 8-13.11 of this chapter.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.14 Appeals.

Any interested person shall have the right to appeal any ruling, order or action under this chapter pursuant to the provisions for appeals contained in Part 9, Chapter 14-10 of Title 14 of this Code.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984, as amended by § 1, Ord. 1061-98 C-M, eff. November 12, 1998)

8-13.15 Unsafe or dangerous conditions.

None of the provisions of this chapter shall be construed to prevent any measure of construction, alteration, removal, or demolition necessary to correct the unsafe or dangerous condition of any structure or other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Building Official and where the proposed measures have been declared necessary, by the Building Official, to correct the condition; provided, however, only such work as is absolutely necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by act of God, or by the public enemy to such an extent that, in the opinion of the Building Official, it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.16 Property owned by public agencies.

The Department shall take appropriate steps to notify all public agencies which own or may acquire property in the City about the existence and character of designated historical structures, and, if possible, the Department shall cause a current record of such structures to be maintained in each such public agency. In the case of any publicly-owned property on a historical structure site which is not subject to the permit review procedures of the City, the agency owning the property shall seek the advice of the Planning Commission prior to the approval or authorization of any construction, alteration, or demolition thereon, and the Planning Commission, with the aid of the Department, shall render a report to the owner as expeditiously as possible, based on the purposes and standards set forth in this chapter. If a Planning Commission review of a public project involving construction, alteration, demolition, or removal on a historical structure site is required under any other law, the Planning Commission shall render the report referred to in this section to such public agency without specific request therefor.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.17 Recognition of structures of merit.

(a)    The Planning Commission may recommend a list of structures of historical, architectural, or aesthetic merit which have not been designated as historical structures. The list may be added to from time to time. The purpose of such list shall be to recognize and encourage the protection, enhancement, perpetuation, and use of such structures.

(b)    Nothing in this chapter shall be construed to impose any regulation or control upon such undesignated structures included on the list.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.18 Filing fees.

Before accepting for filing any application, the Department shall charge and collect such administrative fees as may be set by resolution of the Council.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.19 Enforcement: Violations: Penalties.

(a)    Duty to administer. It shall be the duty of the Planning Director, or his delegate, to administer the provisions of this chapter.

(b)    Duty to enforce. It shall be the duty of the Building Official, or his delegate, to enforce the provisions of this chapter.

(c)    Inspections of premises. In the performance of their designated duties, the Planning Director, Building Official, and employees of the Department properly authorized shall have the right to enter any building or premises as provided by law for the purposes of investigation and inspection.

(d)    Methods of enforcement. In addition to the regulations of this chapter, and other sections of this Code which govern the approval or disapproval of applications for building permits or other permits or licenses affecting the use of land or buildings, the Planning Director or Building Official shall recommend to the City Manager the enforcement thereof by any of the following means:

(1)    Serve notice requiring the removal of any violation of this chapter upon the owner, agent, or tenant of the building or land or upon the architect, building contractor, or other person who commits or assists in any such violation; or

(2)    Call upon the City Attorney to institute any necessary legal proceeding to enforce the provisions of this chapter, and the City Attorney is hereby authorized to institute appropriate actions to that end.

In addition to any of the remedies set forth in this subsection, the City Attorney may maintain an action for an injunction to restrain or abatement to cause the correction or removal of any violation of this chapter, or for a mandatory injunction in appropriate cases.

(e)    Violations: Penalties. Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to the penalty prescribed by Chapter 2 of Title 1 of this Code.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)

8-13.20 Permit applications filed during pending proceedings.

(a)    No permit to construct, alter, or demolish any structure or other feature on a historical structure site filed subsequent to the day an application has been filed or a resolution adopted to initiate the designation of the historical structure site shall be issued by any City department or agency while proceedings are pending on such designation; provided, however, after 120 days have elapsed from the date of the initiation of the designation, if final action on such designation has not been completed, the permit application shall be approved provided it complies with all other applicable laws and regulations.

(b)    The provisions of this chapter shall be inapplicable to the construction, alteration, or demolition of any structure or other feature on a proposed historical structure site where a permit for the performance of such work was issued prior to the initiation date for the designation of a proposed historical structure site, and where such permit has not expired or been cancelled or revoked, provided construction is started and diligently prosecuted to completion in accordance with the Uniform Building Code.

(§ 1, Ord. 634-84 C-M, eff. March 29, 1984)