Chapter 18.94
HISTORIC PRESERVATION

18.94.010    Purpose.

18.94.020    Definitions.

18.94.030    Powers and duties.

18.94.040    Standards for designation.

18.94.050    Inventory.

18.94.060    Proposed construction, alteration, demolition or removal.

18.94.070    Standards for review.

18.94.080    Applicability.

18.94.090    Maintenance of historic structures and districts.

18.94.100    Historic preservation revolving fund.

18.94.110    Administration and enforcement.

18.94.120    Penalty.

18.94.010 Purpose.

The purpose of this chapter is to promote the health, safety and general welfare of the public through:

(a)    The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and persons important to local, state or national history, or which provide significant examples of architectural styles of the past or are landmarks in the history or architecture or which are unique and irreplaceable assets to the city and its neighborhoods and which provide for this and future generations examples of the physical surroundings in which past generations lived;

(b)    The development and maintenance of appropriate settings and environment for such structures;

(c)    The enhancement of property values, the stabilization of neighborhoods and areas of the city, the increase of economic and financial benefits to the city and its inhabitants, and the promotion of tourist trade and interest;

(d)    The enrichment of human life in its educational and cultural dimensions by serving aesthetic as well as material needs and fostering knowledge of the living heritage of the past. (Ord. 1216 (part), 1996).

18.94.020 Definitions.

Unless otherwise required by the context, the following words and phrases shall have the meaning ascribed to them by this section:

(1)    "Alteration" means any modification of the exterior appearance of a historic structure for which a building permit is required.

(2)    "Architectural review board" means a three member subcommittee of the planning and historic preservation commission established pursuant to Chapter 18.87.

(3)    "Commission" means the planning and historic preservation commission.

(4)    "Construction" means the erecting of any new addition to a structure.

(5)    "Council" means the city council of the city of Marysville.

(6)    "Demolition" means the destruction, razing or elimination of a historic structure.

(7)    "Historic district" means an area of the city containing structures having special historic interest or significance designated as the historic preservation overlay zone district upon recommendation of the planning and historic preservation commission by the city council pursuant to the provisions of this chapter.

(8)    "Historic structure" means an individual structure or an integrated group of structures on a single lot or parcel, fifty years old or older, within the city of Marysville. A historic structure shall be designated on the official register.

(9)    "Official register" means the official list enumerating those sites and structures designated by the council as historic.

(10)    "Owner" means the person or persons whose name(s) and address(es) appear on the last equalized assessment roll.

(11)    "Removal" means the moving and/or relocation of a historic structure from it original site.

(12)    "Site" means the land area of a lot which may be occupied by permitted buildings. (Ord. 1299 § 44, 2005: Ord. 1216 (part), 1996).

18.94.030 Powers and duties.

The planning commission, the commission’s three member subcommittee (the architectural review board), or the city planner, when acting on behalf of the commission (as outlined within the City of Marysville Design Review Manual), shall have the following powers and duties:

(a)    Make recommendations to the council concerning designation of historic structures and historic districts and the removal of structures or districts from the official register.

(b)    Establish and maintain a list of historic structures and landmarks, fifty years old or older, and take appropriate measures for recognition.

(c)    Subject to the provisions of this chapter and the City of Marysville Design Review Manual, review and approve, approve with conditions, or disapprove applications for construction, alteration, demolition, and/or remedial work on historic structures or non-historic structures lying within the historic overlay zoning district.

(d)    Take steps to encourage or bring about the preservation and/or restoration of historic structures, or landmarks of the type described in subsection (b) of this section.

(e)    Within the historic preservation overlay zone district, review and approve, approve with modifications, or deny, including any exterior building work on a historic structure or a structure or sign in the historic overlay zone district. Examples of the work referred to are painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing and installation of lighting fixtures. In advising, the commission shall be guided by the purpose and standards specified in this chapter. The city planner is authorized to approve minor exterior modifications, exterior painting colors and commercial signage.

(f)    Make recommendations to the council concerning the acquisition of development rights, and the imposition of other restrictions and the negotiation of historic property contracts under the provisions of Government Code Section 50280 et seq. and guidelines promulgated by the council.

(g)    Increase public awareness of the value of historic preservation by developing and participating in public information programs.

(h)    Make recommendations to the council concerning the utilization of grants from federal and state agencies, private groups and individuals to promote the preservation of historically significant structures.

(i)    Recommend to the council that the city purchase a historic structure where private preservation is impractical.

(j)    The council may authorize one or more members of the city staff to assist the commission in carrying out its duties pursuant to this chapter. (Ord. 1299 § 45, 2005: Ord. 1216 (part), 1996).

18.94.040 Standards for designation.

All buildings fifty years old or older within the city of Marysville are hereby designated historic structures.

Further, other structures may be eligible for designation as historic structures only if they are visually accessible to the public, and satisfy one or more of the following criteria:

(1)    The property is the first, last, only, or most significant historic property of its type in the city;

(2)    The property is associated with an individual or group having a profound influence on the history of the state of California, the city of Marysville, or the county of Yuba;

(3)    The property is a prototype of, or an outstanding example of, a period, style, architectural movement, or construction, or is one of the more notable works, or the best surviving work in the state, city or county of a pioneer architect, designer or master builder. (Ord. 1299 § 46, 2005: Ord. 1216 (part), 1996).

18.94.050 Inventory.

The city shall prepare or have prepared an inventory of structures, sites and areas within the city which qualify as historic structures or historic districts. (Ord. 1216 (part), 1996).

18.94.060 Proposed construction, alteration, demolition or removal.

(a)    An application for a building permit and/or design review approval is submitted to the city services department with respect to construction, alteration, or demolition of a historic structure or structures within the historic preservation overlay zone district; such application shall be processed in accordance with the provisions of this chapter and the City of Marysville Design Review Manual. In the event of any inconsistency or conflict between the provisions of the municipal code dealing with issuance of building permits, the provisions set forth in this chapter shall prevail.

(b)    The City of Marysville Design Review Manual shall be approved and amended by resolution, from time to time, by the city council upon a recommendation from the planning commission. (Ord. 1299 § 47, 2005: Ord. 1216 (part), 1996).

18.94.070 Standards for review.

In evaluating applications submitted, the commission, the architectural review board subcommittee, and the city planner shall consider the architectural style, design, arrangement, texture, materials and color, and the requirements and recommendations outlined within the City of Marysville Design Review Manual. Applications may be approved, approved with conditions, or denied. (Ord. 1299 § 48, 2005: Ord. 1216 (part), 1996).

18.94.080 Applicability.

The provisions of this chapter shall be inapplicable to the construction, alteration, demolition, or removal of any structures or district where a building permit for such work was issued prior the designation of such structure or district as a historic structure or historic district. (Ord. 1216 (part), 1996).

18.94.090 Maintenance of historic structures and districts.

The owner, lessee, and any other person in actual charge or possession of a historic structure, or of a structure in the historic district, shall be encouraged to keep in good repair all of the exterior portions of such structure and all interior portions thereof where maintenance is necessary to prevent deterioration and decay of any exterior portion. (Ord. 1216 (part), 1996).

18.94.100 Historic preservation revolving fund.

(a)    The council may, by resolution, establish a historic preservation revolving fund. The resolution creating such a fund shall contain provisions for its administration and control.

(b)    Said revolving fund may be used for the preservation and improvement of historic structures and districts.

(c)    The revolving fund may utilize grants from federal and state agencies and private groups or individuals received pursuant to council action, as well as appropriations from the city budget, to promote the preservation of historically significant structures in the city of Marysville. (Ord. 1216 (part), 1996).

18.94.110 Administration and enforcement.

Except as otherwise specifically provided herein, it shall be the duty of the city planner to administer and enforce this chapter. (Ord. 1299 § 49, 2005: Ord. 1216 (part), 1996).

18.94.120 Penalty.

Any person who violates this chapter shall be guilty of an infraction, punishable by:

(a)    A fine, not exceeding one hundred dollars, for the first violation;

(b)    A fine, not exceeding two hundred dollars, for a second violation;

(c)    A fine, not exceeding five hundred dollars, for each additional violation of this chapter within one year. (Ord. 1216 (part), 1996).