Section:
19.37.010 Purpose.
19.37.020 Applicability.
19.37.030 Definitions.
19.37.040 Historic resource designation criteria.
19.37.090 Stay of work.
19.37.100 Certificate of appropriateness and certificate of demolition.
19.37.110 Economic hardship.
19.37.130 Relocation as alternative to demolition.
19.37.140 Incentives for maintenance or development of landmark property.
19.37.150 Required maintenance for historic resources.
The purpose of this chapter is to promote the general welfare by providing for the identification, designation, protection, enhancement, perpetuation, and use of historical resources including improvements, buildings, structures, objects, signs, features, sites, cultural landscapes, places, and areas within the city that reflect special elements of the city's historical, architectural, archaeological, cultural, or aesthetic heritage. It is also the purpose of this chapter:
A. To implement the policies and goals of the city’s General Plan related to cultural resources and historic preservation;
B. To identify, protect, and encourage the preservation of significant architectural, historic, prehistoric, and cultural structures and sites, resources, landmarks, and properties within the city;
C. To establish incentives for property owners to maintain, protect, and rehabilitate historic structures, sites, and other historic objects or features such as rock walls or hitching posts;
D. To encourage development that preserves and re-uses historic and cultural resources;
E. To safeguard city-owned historic and cultural resources through public projects;
F. To provide for consistency with state and federal preservation standards, criteria, and practices; and
G. To increase the economic benefits of historic preservation to the city, business owners, and residents.
(Ord. 2410 §18)
A. This chapter applies to properties and landmarks listed on the City of Chico Historic Resources Inventory, properties or landmarks within a landmark overlay zoning district, and properties which are listed or which are eligible for listing on the National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, or California Points of Historical Interest.
B. Any property to which this chapter applies shall remain subject to all zoning ordinances that would otherwise apply to such property.
(Ord. 2410 §18)
When used in this chapter, the following terms and phrases shall have the meanings set forth below.
A. Alteration. Alteration means any exterior change or modification of a structure, site, or resource on the city’s Historic Resources Inventory or within a landmark overlay zoning district that requires the issuance of a building permit, demolition permit, grading permit, new construction, relocation of a structure onto, off of, or within, a designated property or site, or other changes to the property or site affecting the significant historical or architectural features of the resource. Alterations are divided into either minor or major alterations as follows:
1. Minor alteration. Minor alterations are those which, because of their limited size and scope, have been determined by the Director to involve only minor or negligible impacts to the historic integrity of a resource and may include the following:
a. Additions to existing structures;
b. Addition or modification of signs, fences, or walls;
c. New construction on existing, partially developed parcels;
d. Replacement-in-kind;
e. New satellite dish antennas;
f. Minor grading activities; and
g. Addition or modification of accessory residential units.
2. Major alteration. A major alteration is a physical change that does not meet the definition of a minor alteration and that has the potential to affect the historic integrity of the resource such that the resource no longer meets one or more of the designation criteria established by section 19.37.040 of this chapter.
B. Architectural feature. Architectural elements embodying style, design, general arrangement, and components of all the outer surfaces of an improvement including, but not limited to, the architectural style, design, arrangement, massing, texture, painted and unpainted surfaces, and materials.
C. Board. The Architectural Review and Historic Preservation Board.
D. California Historical Building Code (“CHBC”). The most recent version of the California Building Code that regulates alterations to qualified historic structures.
E. California Register of Historical Resources, California Historical Landmarks, and California Points of Historical Interest. Buildings, sites, features, or events that are of local (city or county) significance and have anthropological, cultural, military, political, architectural, economic, scientific or technical, religious, experimental, or other historical value as designated and listed by the State Historical Resources Commission.
F. Certificate of Appropriateness. A certificate issued by the board which approves specified exterior alterations to a property listed on the city’s Historic Resources Inventory.
G. Certificate of Demolition. A certificate issued by the board which authorizes the demolition, removal, or relocation of a designated historical resource listed on the city’s Historic Resources Inventory.
H. Certified Local Government (“CLG”). A local government which has been certified by the National Park Service to carry out the purposes of the National Historic Preservation Act of 1966. The CLG program is administered by the State of California Office of Historic Preservation.
I. Cultural Landscape. A geographic area (including both cultural and natural resources) associated with an historic event, activity, or person, or exhibiting other cultural or aesthetic qualities.
J. Demolition. Any act or failure to act that destroys, removes, modifies, or relocates, in whole or in part, an historical resource such that its historic character and significance is materially altered.
K. Historic Resource. Improvements, buildings, structures, objects, signs, features, sites, cultural landscapes, places, areas, or other improvements of scientific, aesthetic, educational, cultural, archaeological, architectural, or historical value which are designated as landmarks on the city’s Historic Resources Inventory or located within a landmark overlay zoning district.
L. Historic Resources Inventory. The City of Chico Historic Resources Inventory as adopted by the City Council.
M. Landmark Overlay Zoning District. A defined geographic area with a concentration of historic resources which are related historically or aesthetically by plan or physical development and which can be distinguished from surrounding properties by characteristics such as density, scale, type, age, architectural styles and periods or objects, or by documented differences in patterns of historic development or associations.
N. Integrity. The ability of an historical resource to convey its significance.
O. Landmark. Buildings, structures, objects, signs, features, sites, places, areas, cultural landscapes or other improvements of scientific, aesthetic, educational, cultural, archaeological, architectural, or historical value and designated as such by the City Council.
P. National Register of Historic Places. The nation's official list of buildings, structures, objects, sites, and districts worthy of preservation because of their significance in American history, architecture, archeology, engineering, and culture.
Q. Object. Constructed features or elements that are distinguished from buildings and structures as being artistic, simply constructed, utilitarian in nature, or relatively small in scale. Although they may be movable, objects are associated with a specific setting or environment. Examples of historic objects in the City of Chico would include hitching posts and rock walls.
R. Ordinary maintenance and repair. Any work for which a building permit is not required, where the purpose and effect is to prevent or correct any deterioration or damage to the exterior of any structure or property.
S. Period of Significance. The length of time that a property was associated with important events, activities, or persons, or attained the characteristics that qualify it for designation.
T. Relocation. The removal of an historical resource from its original site to a new site.
U. Secretary of the Interior's Standards for the Treatment of Historic Properties. Guidelines and standards for preserving, rehabilitating, restoring and reconstructing historic buildings, as established by the National Park Service and the Secretary of the Interior that guide treatment of historic properties (36 CFR Part 68).
V. State of California Department of Parks and Recreation Survey Forms. The current official State of California forms that contain information about an historical resource and utilized as the basis of information for the City of Chico Historic Resources Inventory.
(Ord. 2410 §18, Ord. 2511, §11)
A. Landmark and Landmark Overlay Zoning District Significance Criteria. Upon the recommendation of the board and approval of the City Council, an historic resource may be designated a landmark, or a definable geographic area may be designated a landmark overlay zoning district, if the resource or area meets any of the following criteria and retains a high level of historic integrity.
1. The resource or area is associated with events that have made a significant contribution to the broad patterns in the history of Chico, the State of California, or the nation;
2. The resource or area is associated with individuals who were significant in the history of Chico, the State of California, or the nation;
3. The resource or area embodies the distinctive characteristics of a type, period, architectural style or method of construction, represents the work of a master designer, or possesses high artistic values.
B. Additional Factors to be Considered in Landmark Designation. In determining whether to designate a resource a landmark, the following additional factors may be considered, if applicable:
1. A resource moved from its original location may be designated a landmark if it is significant primarily for its architectural value, or if it is one of the most important surviving structures associated with an important person or historic event.
2. A birthplace or grave may be designated a landmark if it is that of an historical figure of outstanding importance in the history of Chico, the state, or the nation.
3. A cemetery may be designated a landmark if it represents a group of persons or an era that collectively is significant in the broad patterns in the history of Chico, the State of California, or the nation.
4. A reconstructed building may be designated a landmark if the reconstruction is historically accurate based on sound historical documentation, is executed in a suitable environment, and if no other original structure that has the same historical association exists.
5. A resource achieving significance within the past fifty years may be designated a landmark if the resource is of exceptional importance within the history of Chico, the state or the nation.
C. Additional Factors to be Considered in Designating a Landmark Overlay Zoning District. In deciding whether to apply the landmark overlay zoning district to a geographic area, the following additional factors may be considered, if applicable:
1. To be designated a landmark overlay zoning district, the contributing properties must retain historic integrity and the collective value of the district contributors may be greater than the individual resources within the landmark district.
2. A landmark overlay zoning district should exhibit a recognizable style or era of design, an association of design integrity, setting, materials, and workmanship.
(Ord. 2410 §18)
Historical resources may be listed on the City of Chico Historic Resources Inventory by the City Council upon the recommendation of the board. Consideration of resources for listing may be initiated in the following manners:
A. Initiation of Landmark Designations. Designation of landmarks may be initiated by the City Council, the board, or the owner of the property that is proposed for designation. All landmark designations shall be initiated by the submittal of an application to the Director and shall include the following:
1. Adequate historical and architectural information, including a statement of consistency with the significance criteria listed in section 19.37.040, such that the board can render an informed recommendation concerning the application;
2. The most recent version of the appropriate State of California Department of Parks and Recreation survey form completed according to the instructions of the State Historic Preservation Office for recording historical resources;
3. Current and historical photographs, if available, of the resource; and
4. The address and assessor’s parcel number of the property.
B. Initiation of Landmark Overlay Zoning Districts. Designation of landmark overlay zoning districts may be initiated by the City Council, the board, or by a property owner within the boundaries of the district proposed for designation. All landmark overlay zoning district designations shall be initiated by the submittal of an application to the Director and shall include the following:
1. Adequate historical and architectural information, including a statement of consistency with the significance criteria listed in section 19.37.040, such that the Director can render an informed recommendation concerning the application;
2. The most recent version of the appropriate State of California Department of Parks and Recreation survey form completed according to the instructions of the State Historic Preservation Office for recording historic resource;
3. Current and historical photographs, if available, of the resources within the proposed district;
4. A list of addresses and assessor parcel numbers of potential contributor properties and non-contributor properties; and
5. A map identifying potential contributor properties and non-contributor properties and the boundaries of the proposed landmark overlay zoning district.
C. Designation Initiated by Proposed Demolition or Major Alteration.
1. Upon receipt of an application for a demolition or building permit for the major alteration of a building, structure, or object located within a landmark overlay zoning district, the Building Official shall refer the application to the Director for a preliminary determination of the building’s, structure’s, or object’s eligibility to be designated a landmark and listed on the City’s Historic Resources Inventory.
2. Should the Director determine that the resource substantially meets at least one of the eligibility criteria specified in section 19.37.040, then the Director shall forward a recommendation to the board whether to designate the affected resource as a landmark on the City’s Historic Resources Inventory and whether to approve or deny the proposed demolition or major alteration pursuant to the findings in section 19.37.100.
(Ord. 2410 §18)
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