Chapter 18.135
(HOD) HISTORICAL OVERLAY DISTRICT
Sections:
18.135.030 Establishment and designation.
18.135.040 Adoption of district-specific guidelines, regulations, and standards.
18.135.050 Historical architectural review and approval required.
18.135.060 Projects exempt from historical architectural review and approval.
18.135.070 Review of certain development projects.
18.135.080 Standards for review.
18.135.010 Purpose.
The purpose of the (HOD) historical overlay district is to identify the areas of the city that possess a unique historical character, and to retain, enhance, promote and expand the cultural and historical identities, character and environments of such areas through the adoption and application of appropriate standards and guidelines. These standards and guidelines are used to review exterior alterations on existing development as well as new construction and development.
The historical character and identity of the historical overlay district should be retained and enhanced, consistent with the rights of the owners and occupants of property within the district to use the property for the purposes permitted by the underlying zoning of the district while maintaining and enhancing the value of other property in the historical overlay district. (Ord. 26-2007 § 1, 10-23-07. 1990 Code § 8-21840.)
18.135.020 Glossary terms.
Capitalized words and phrases used in this chapter shall have the meanings set forth in the glossary of the historic resource ordinance, Section 18.175.430. (Ord. 26-2007 § 1, 10-23-07. 1990 Code § 8-21841.)
18.135.030 Establishment and designation.
(a) An (HOD) may be established only in conjunction with other districts. (HOD) designations shall overlay whatever other district designation is applicable to the area; the boundaries of an (HOD) may or may not coincide with other district boundaries.
(b) The provisions of this chapter shall apply in an (HOD), which district shall also be subject to other provisions of this title, including the provisions applicable to the particular district or districts which the (HOD) designation overlays; provided, that where a conflict between the regulations in this chapter and those in other provisions of this title occurs, the regulations in this chapter shall prevail.
(c) In addition to the findings required to be made pursuant to Chapter 18.225, no (HOD) shall be established unless the historical architectural review board (board), planning commission and city council make the following findings:
(1) That the area for which an (HOD) designation is proposed has historical character and identity; and
(2) That the historical character, identity and environment of the area for which an (HOD) designation is proposed would be conserved and enhanced to the benefit of such area and the city as a whole by the application of the regulations and review procedures in this chapter and in Chapter 18.175.
(d) Whenever an (HOD) is established, any subsequent application to change any district which the (HOD) overlays shall not be construed to be an application to eliminate the (HOD) designation for the area covered by the application unless such intent to eliminate the (HOD) designation is expressly stated to be part of the application. (Ord. 26-2007 § 1, 10-23-07. 1990 Code § 8-21842.)
18.135.040 Adoption of district-specific guidelines, regulations, and standards.
The board may recommend to the planning commission and city council standards for evaluation of the appropriateness of proposed new or altered buildings, structures, objects, sites, areas or places in an (HOD). In addition to written standards, exhibits may include photographs and drawings illustrating acceptable features, bibliographies listing standard reference works, and such other reference materials as may be suitable. The city council may adopt, after a noticed public hearing, standards and guidelines that shall guide an applicant in making submittals and the board and planning commission and city council in making their determinations. These standards and guidelines may be amended from time to time. Copies of adopted standards and guidelines along with any illustrative materials shall be available to the public. (Ord. 26-2007 § 1, 10-23-07. 1990 Code § 8-21843.)
18.135.050 Historical architectural review and approval required.
(a) Historical architectural review and approval is required within an (HOD), except as exempted in Section 18.135.060, for each of the following:
(1) New buildings, structures and signage;
(2) Site features including both on-site and adjacent off-site street/streetscape improvements such as landscaping, grading, lighting, street furnishings and paving materials;
(3) Any alteration, addition or modification to the exterior of an existing structure or sign;
(4) Any variance or exception to standard zoning requirements;
(5) Formation of any new planned district zone within an (HOD);
(6) Street/streetscape improvement projects;
(7) Wireless facilities as set forth in Chapter 18.187.
(b) Historical architectural review shall be required to determine if the changes are compatible with the (HOD) within which it is located.
(c) Historical architectural review shall be conducted in accordance with the requirements of this chapter as well as provisions of Chapter 18.175. (Ord. 26-2007 § 1, 10-23-07; Ord. 09-2017 § 8, 6-6-17. 1990 Code § 8-21844.)
18.135.060 Projects exempt from historical architectural review and approval.
A single-family or two-family dwelling is not subject to the provisions of this chapter unless:
(a) It is a register resource; or
(b) It is a potential register resource; or
(c) It is located in a portion of an (HOD) in which the city council-approved guidelines require such review; or
(d) It is located in a commercial district and will be rebuilt under Section 18.180.040(e)(1). (Ord. 26-2007 § 1, 10-23-07. 1990 Code § 8-21845.)
18.135.070 Review of certain development projects.
(a) The following categories of projects shall be reviewed for compliance with (HOD) standards and guidelines by planning staff. The board secretary may take action on these projects unless the secretary determines that the significance of the historic resource, or the discrepancies between the proposal and the findings and standards of this title, would justify more public review by a referral to either the alterations subcommittee or the full board:
(1) The in-kind replacement of historically appropriate architectural features or building elements, including windows, doors, exterior siding, porches, cornices, columns, balustrades, balconies, stairs, and the like, that are deteriorated, damaged beyond preservation, or previously removed;
(2) The in-kind replacement of historically appropriate landscape features that are deteriorated, damaged beyond repair or preservation, or previously removed;
(3) Alterations and additions which are not to a register resource or a potential register resource and are effectively screened from view or are not visible from any publicly accessible right-of-way or neighboring properties; effective screening may include a structure, fence, wall, gate, door, hedge, trees, other plant material or a combination of such items at least five feet tall;
(4) The replacement or repair of roof covering materials, fences or walls, paving for driveways, walkways and/or patios; provided, that if these actions alter a register resource or potential register resource, they be consistent with the Secretary of the Interior’s Standards;
(5) Landscaping, where no other development is being reviewed; and landscape alterations and installations, including the removal of plant and building materials, not specifically designated or listed as contributing to a register resource or a potential register resource;
(6) All signs in areas with adopted sign guidelines, where such signs are consistent with the appropriate design guidelines and ordinance requirements.
(b) The board secretary may also take action on the following matters after providing a 10-calendar-day notice of the proposed project to the board. Within the notice period, any board member may request that the project be brought to the alterations subcommittee or full board for consideration:
(1) Minor alterations which do not alter the architectural character of the building or have a substantial adverse impact on the historical character of the (HOD), a register resource or a potential register resource;
(2) Exterior alterations, related to seismic retrofitting of structures which, in the case of a register resource or a potential register resource, are consistent with the Secretary of the Interior’s Standards and, in all cases, will not have a substantial adverse impact on the (HOD);
(3) The construction of minor accessory buildings and structures 300 square feet in size or smaller that, in the case of a register resource or a potential register resource, are consistent with the Secretary of the Interior’s Standards, and in all cases will not have a substantial adverse impact on the (HOD) or a register resource or a potential register resource;
(4) The removal of documented inappropriate additions or alterations to a register resource or a potential register resource.
(c) Notices of actions under this section shall be mailed to the applicant and provided to the members of the board. An applicant may appeal any action taken under this section to the board in accordance with the appeal procedures set forth in Chapter 18.225. (Ord. 26-2007 § 1, 10-23-07. 1990 Code § 8-21846.)
18.135.080 Standards for review.
(a) General. Projects shall be reviewed utilizing both general design guidelines adopted by the city council and any specific guidelines adopted pursuant to Section 18.135.040 for compatibility with the HOD’s historical character and resources as well as any applicable standards. The project shall be compatible with the HOD in terms of siting, massing, scale, size, material, texture and color. If there is a conflict between HOD specific guidelines and more general guidelines, the HOD specific guidelines shall be used.
(b) Register Resources and Potential Register Resources. Projects that propose changes to a register resource or a potential register resource shall also be reviewed for substantial compliance with the Secretary of the Interior’s Standards. (Ord. 26-2007 § 1, 10-23-07; Ord. 9-2014 § 20, 3-4-14. 1990 Code § 8-21847.)