Division III. Overlay District Regulations
Chapter 17.31
H OR HISTORIC OVERLAY DISTRICT
Sections:
17.31.020 Applicability and zoning map designator.
17.31.030 Land use and development regulations.
17.31.040 Significant exceptions.
17.31.050 Eligibility for local historical designation.
17.31.060 Historic preservation commission.
17.31.070 Commission powers and duties.
17.31.080 Designation criteria for H district.
17.31.090 Criteria for designating landmark buildings.
17.31.110 Review procedure criteria.
17.31.120 Maintenance of structures and premises.
17.31.010 Purpose.
The City of Escalon finds the protection, enhancement, perpetuation, and use of structures and districts of historical and architectural significance located within the city to be of cultural and aesthetic benefit to the community. It is further found that respect of the heritage of the city will enhance the economic, cultural and aesthetic standing of the city. The purpose of this chapter is to promote the general welfare of the public through:
A. Implementing the city's general plan.
B. Deterring demolition, destruction, alteration, misuse or neglect of historically or architecturally significant buildings that form an important link to Escalon's past.
C. Promoting the conservation, preservation, protection and enhancement of historic districts. (Ord. 495 § 1, 2005)
17.31.020 Applicability and zoning map designator.
The historic preservation combining (H) district may be combined with any zoning district. Each historic preservation combining district shall be shown on the zoning map by adding an “H” to the base district designation. (Ord. 495 § 1, 2005)
17.31.030 Land use and development regulations.
The land use and development regulations applicable in an H district shall be as prescribed for the base district with which it is combined unless modified by another combining district. (Ord. 495 § 1, 2005)
17.31.040 Significant exceptions.
It is sometimes in the public interest in order to retain the historic appearance of a neighborhood or site to make an exception to normal setback, parking, landscaping, fencing and screening requirements of Escalon's ordinances and codes when the exception does not interfere with health and safety. The planning commission, acting as the historic preservation commission, may initiate or approve exceptions to Escalon's land use regulations for properties located in historic districts. (Ord. 495 § 1, 2005)
17.31.050 Eligibility for local historical designation.
In order for a property or group of properties to be eligible for the H district, the property must be listed on the National Register of Historic Places, be listed on a state, county or city register of historic places, or be deemed by the historic preservation commission to be of local historical significance. (Ord. 495 § 1, 2005)
17.31.060 Historic preservation commission.
A. There is hereby established in the City of Escalon a historic preservation commission, hereafter referred to as the “commission,” consisting of the planning commission until such time as a separate five-member commission is appointed by the city council.
B. Historic preservation commissioners shall be persons who have demonstrated special interest, competence, experience or knowledge of historic preservation.
C. The commission shall have the power and authority to perform all of the duties set forth herein.
D. In the event that a separate historic preservation commission is appointed by the city council, appointment of each member shall be for four-year overlapping terms. Initial appointments shall be as follows:
1. One member for two years;
2. Two members for three years;
3. Two members for four years.
E. Commission vacancies shall be filled in like manner for the unexpired term of such office. As the term of any member of the commission expires, his/her successor shall be appointed in like manner as such member. (Ord. 495 § 1, 2005)
17.31.070 Commission powers and duties.
The commission shall have the following powers and duties:
A. Adopting procedural rules for conduct of its business in accordance with the provisions of this chapter.
B. Conducting a comprehensive survey in conformance with state guidelines of local historical and cultural resources. Publicizing and updating the survey results.
C. Recommending, in accordance with the criteria set forth in this chapter, designation of local historical resources, including individual properties, landmark sites, conservation zones and historic districts.
D. Establishing and maintaining a local register of historical and cultural resources, including historic districts, landmark sites and landmarks within the city including all information required for each designation.
E. Review and comment upon the conduct of land use, housing and redevelopment, municipal improvement, and other planning programs undertaken by any agency of the city, county or state as they relate to the historical and cultural resources of the city.
F. Adopt standards to be used by the commission in reviewing applications for permits to construct, change, alter, modify, remodel, remove or significantly affect any historical or cultural resource.
G. Conduct negotiations on behalf of the city council regarding recommendations for the purchase by the city of interests in property, transfer of development rights, easements or other mechanisms for purposes of historical and cultural resource preservation.
H. Investigate and make recommendations to the city council regarding the use of federal, state, local or private funding sources and mechanisms available to promote historical and cultural preservation in the city.
I. Review applications for permits, environmental assessments, environmental impact reports or similar documents pertaining to designated and potential historical and cultural resources. The planning department shall provide all such documents to the commission as appropriate.
J. Review the actions of city departments and other public agencies concerning their effect on historical and cultural resources.
K. Consider the extent to which denial of permits affecting historical and cultural resources results in economic hardship on the part of property owners.
L. Make recommendations to the city council regarding hiring of consultants and conducting studies as the commission deems necessary.
M. Cooperate with local, county, state and federal governments in the pursuit of the objectives of historical and cultural resource preservation.
N. Assume whatever responsibilities and duties may be assigned to it by the city council.
O. Keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions. All such material should be part of the public record.
P. Commission meetings shall be open to the public and shall provide opportunity for direct public participation in the activities of the commission. Minutes shall be made available and agendas shall be mailed in advance of meetings to persons and organizations expressing an interest in commission activities.
Q. Render advice and guidance, upon request of property owners or occupants, on the restoration, alteration, decoration, landscaping or maintenance of historical and cultural properties.
R. Encourage and render advice to property owners or occupants regarding application procedures for state and national historical registries.
S. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historical and cultural resource preservation.
T. Confer recognition upon owners of landmarks or properties within historic districts by means of certificates, plaques or markers, as well as commendations to owners of historical properties who have rehabilitated them in an exemplary manner.
U. Undertake other activities necessary to fulfill the objectives of historical and cultural resource preservation. (Ord. 495 § 1, 2005)
17.31.080 Designation criteria for H district.
Any building, site, natural feature or part of the city may be designated as a locally significant historical and cultural resource if one or more of the following criteria, rigorously applied, are set:
A. The site or area possesses character, interest or value reflecting the heritage of the city, region, state or nation.
B. The site or area is the location of a significant historical event.
C. The area is identified with a person or group that contributed significantly to the culture, history or development of the city, region, state or nation.
D. The structures within the area are the best remaining examples of an architectural style or way of life important to the city, region, state or nation.
E. The area or its structures are identified as the work of a person or group whose work influenced the heritage of the city, region, state or nation.
F. The area or its structures embody elements of outstanding attention to architectural or landscape design, detail, materials or craftsmanship.
G. The area is related to a designated historic building or district in such a way that its preservation is essential to the integrity of the building or district.
H. The area's unique location or singular characteristics represent an established and familiar visual feature of a neighborhood.
I. The area has potential for yielding information of archaeological interest.
J. The area's integrity as a natural environment strongly contributes to the well-being of the people of the city, region, state or nation.
K. The resource is one of the few remaining examples in the city, region, state or nation possessing distinguishing characteristics of an architectural or historical type or specimen. (Ord. 495 § 1, 2005)
17.31.090 Criteria for designating landmark buildings.
Individual buildings may be designated as historically significant landmarks if one or more of the criteria set forth in this section are met. A landmark so designated shall be eligible for the same review procedures as buildings within an H district. (Ord. 495 § 1, 2005)
17.31.100 Review of permits.
A. Reclassifications, use permits, variances, site plan reviews and tentative subdivision maps within the boundaries of the H district shall be reviewed by the historic preservation commission for comments and recommendations. Applications for building permits for alterations, relocations, demolition or new construction within the H district shall also be so reviewed.
B. Every application for approval in relation to property in the H district shall be accompanied by plans, photographs, specifications and a written statement fully describing the proposed work.
C. At its next regular meeting, following submittal, the commission shall consider the application to determine if the proposed action will adversely affect the preservation and architectural character of the area or site.
D. The commission shall forward its recommendations to the building official, planning commission or city council. (Ord. 495 § 1, 2005)
17.31.110 Review procedure criteria.
A. The building official shall not issue a permit for construction, alteration or demolition of a building or structure located in an H district or of a designated landmark without prior approval of the planning commission. Prior approval by the planning commission is not required for permit applications of an emergency nature or those necessary to repair an unsafe building or to demolish a structure for safety reasons.
B. Required Findings.
1. For Demolition.
a. If, after review of the request for a demolition permit, the historical preservation commission determines a structure to be of historical, cultural or architectural interest or value, the planning commission may withhold approval for demolition for 180 days from the date of the commission's action, or until environmental review is completed. During this time period, the historic preservation commission may direct the staff to consult with recognized historic preservation organizations and other civic groups, public agencies and interested citizens, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more of the structures or other features, and take other reasonable measures.
At the end of the review period, the demolition permit shall be issued if environmental review determines that there will not be a significant impact on the environment and all regulations of this chapter are met or, if there may be substantial environmental impacts, that a finding is made that specific economic, social or other considerations make infeasible the measures or alternatives identified during the environmental review.
b. If, after review of the request for a demolition permit, the historic preservation commission determines that the building or structure has no substantial historical, cultural or architectural interest or value, a demolition permit may be issued.
2. For New Construction or Alteration. The historic preservation commission shall recommend against approval of new construction or alterations in H districts unless it finds that the proposed action will be compatible with and help achieve the purposes of the H district.
3. For Removal or Alteration of Landscape Materials. Review and comment by the historic preservation commission shall be required for removal or alteration of landscape materials identified as significant resources. Removal or alteration of such materials shall require a finding that the proposed action will not adversely affect the character of the H district, or that the safety of persons or property requires the removal or alteration. No provision of this subsection shall be construed as restricting routine maintenance of landscape materials. (Ord. 495 § 1, 2005)
17.31.120 Maintenance of structures and premises.
All property owners in H districts and owners of designated landmarks shall have the obligation to maintain structures and premises in good repair. Good repair includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and that prevents deterioration, dilapidation and decay of the exterior portions of the structure and premises. (Ord. 495 § 1, 2005)