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If an applicant presents evidence to the board that denial of an application for a certificate of appropriateness or certificate of demolition will cause an economic hardship because of conditions peculiar to the particular structure or other feature involved, the board may approve or conditionally approve such application waiving the requirements of this chapter. A determination of economic hardship may be made only if the board finds that:
1. Denial of the application will diminish the value of the subject property so as to leave substantially no value; or
2. Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in the zoning district; or
3. Utilization of the property for lawful purposes is prohibited or impractical; or
4. Rental at a reasonable rate of return is not economically feasible.
(Ord. 2410 §18)
A. Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior feature of a designated landmark or of a building, structure or object located on property located within a landmark overlay zoning district if the maintenance and repair does not involve a change in the exterior character-defining features of the historic resource, including the following activities which shall not require a certificate of appropriateness or certificate of demolition:
1. Repainting of surfaces that were originally painted and the color scheme is not a significant character-defining feature of the historic resource;
2. Routine cleaning and maintenance;
3. Window replacement, door replacement, and re-roofing with design elements that are consistent with the architectural style and era of the listed resource;
5. New construction of accessory buildings or additional development as permitted by the primary zoning district, applicable development standards, or as part of an historic preservation incentive;
6. Dry rot repair of any exterior features with replacement materials that are compatible with the architectural style and era of the listed resource;
7. The addition, repair, or modification of exterior utility equipment including heating, venting and air conditioning units, evaporative coolers, electrical or gas meters, and hot water heater cabinets;
8. Swimming pools or driveways that do not substantially alter or diminish the resource's character-defining features or integrity;
9. Solar power equipment that does not substantially alter or diminish the resource's character-defining features or integrity, or which is located out of general public view; and
10. Minor alterations as defined by this chapter.
B. Unsafe or Dangerous Conditions. Any construction, reconstruction, alteration or removal of any feature determined by the Building Official to be necessary to protect public health or safety because of unsafe or dangerous conditions is exempt from the requirements of this chapter.
C. Secretary of the Interior's Standards - Exemption. Alterations or maintenance activities that are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties are exempt from the requirements of this chapter.
(Ord. 2410 §18, Ord. 2440 §21)
Relocating a designated landmark within the City may be an acceptable alternative to demolition if the board approves a certificate of demolition and finds that the relocation does not affect the resource’s consistency with the significance criteria required by section 19.37.040. In approving any such relocation, the board shall also find that:
1. The resource will retain its historic character-defining features;
2. The relocation complies with the Secretary of the Interior's Standards;
3. The new location is within the City, is comparable in public visibility; orientation, setting, and general environment; and
4. The receiving parcel is appropriately zoned and sized for the resource.
(Ord. 2410 §18)
The following incentives shall be available to owners of property listed on the Historic Resources Inventory to support the continued maintenance, rehabilitation, minor alteration, or further development of the property. The designation of a property on the Historic Resources Inventory shall not preclude redevelopment or further development of the property consistent with the requirements of this chapter.
A. Modification of Development Standards. Upon receipt of an application, and when doing so to advance the purposes of this chapter, the Director may approve modifications from requirements for:
1. Setbacks;
2. Open space;
3. Parking;
4. Site coverage;
5. Height; and
6. Minimum residential density.
B. Findings for Modification of Development Standards. The Director may approve an application to modify the development standards listed above if the Director finds that the modifications would not result in:
1. A loss of the aesthetic, architectural, or historic integrity of the resource;
2. New structures or development, or changes to existing structures, that are incompatible with other structures in the neighborhood;
3. New structures or development, or changes to existing structures, that are inconsistent with the General Plan, or any applicable neighborhood or specific plan;
4. New structures or development, or changes to existing structures, that are detrimental to the health, safety, and general welfare of persons residing in the neighborhood; and
5. New structures or development, or changes to existing structures, that are detrimental or injurious to property and improvements in the neighborhood.
C. Facade Improvement Program. The City of Chico sponsors a low-interest loan program designed to use both public and private funds to rehabilitate, upgrade, and generally improve the appearance of commercial building facades within the City of Chico, including historic properties listed on the City of Chico Historic Resources Inventory.
D. The California Historic Building Code may be applied to projects involving properties listed on the Historic Resources Inventory or located within a landmark overlay zoning district as determined by the Building Official.
E. Historical Property Preservation Agreements (Mills Act Agreements). California Government Code section 50280, et seq., authorizes cities to enter into agreements with the owners of qualified historical property to provide for the use, maintenance and restoration of such property to ensure the retention of the property’s characteristics as property of historical significance. In the City of Chico, this voluntary process allows owners of property listed on the Historic Resources Inventory to enter into Historical Property Preservation Agreements with the City of Chico to provide property tax relief as an incentive for historic property preservation.
F. Federal Rehabilitation Tax Credits. Federal rehabilitation tax credits are administered through the California State Office of Historic Preservation and reward private investment in the rehabilitation of historic properties that are individually listed on the National Register, that contribute to a National Register Historic District, or are within certain registered local historic districts. Properties must be income-producing and must be rehabilitated according to standards set by the Secretary of the Interior.
(Ord. 2410 §18, Ord. 2494 §16)
The owner, lessee, or any other person in possession or control of a designated historical landmark shall prevent:
A. The deterioration or decay of any exterior portion of the historical resource; and
B. The deterioration or decay of any interior portions of an historical resource if such maintenance is necessary to preserve any exterior portion of the historical resource.
“Deterioration or decay" refers to those conditions of the structure or improvement that threaten the structural or historical integrity of the resource or improvement.
(Ord. 2410 §18)