§ 157.001 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADAPTIVE REUSE. The process of adapting a property, site, building, or structure for a use other than that for which it was originally designed or previously used.
   ALTERATION. Any modification to the exterior of a structure that would be visible from a public way and for which a building permit is required, other than a demolition.
   APPRAISAL. An appraisal of the fair market value of a property or structure performed by an appraiser selected jointly by the city and the owner of the property or structure being appraised or, if the city and the owner do not agree on a joint selection within 15 days after an appraiser is first proposed, an appraisal performed by an appraiser selected by the owner from a panel of three appraisers nominated by the city.
   ARCHAIC MATERIAL. Construction materials found in historic resources; for example, unstabilized adobe, terra cotta, sandstone, cast iron, wrought iron, plaster on wood lath, etc., which are not common in new construction, although they may be still available.
   BUILDING. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. For the purposes of this section BUILDING shall not mean manufactured homes and mobile homes as defined in Chapters 155 and 156 of the Eureka Municipal Code.
   CALIFORNIA OFFICE OF HISTORIC PRESERVATION. The agency that carries out the National Parks’ Historic Preservation Programs, including nominating historic properties to the National Register of Historic Places and qualifying local programs for the Certified Local Government Program. It also administers the state’s Preservation Programs, such as the California Register of Historic Resources.
   CALIFORNIA REGISTER OF HISTORIC RESOURCES. The state’s official register of buildings, structures, objects, sites, and districts worthy of preservation because of their significance in California’s history, architecture, archeology, engineering, and culture. Said register is defined in Cal. Pub. Res. Code § 5024.1 and in the Cal. Code of Regulations Title 14, Chapter 11.5, §§ 4850 et seq., as it may be amended.
   CHARACTER. Refers to all visual aspects and physical features that comprise the appearance of every historic building. Historic character is the sum of attributes or features that make up and distinguish a historic building, site, structure, object, or district.
   CONSERVATION. Practice encompassing technical examination, preservation, protection, and maintenance of tangible cultural resources.
   CONTRIBUTING BUILDING OR STRUCTURE. A building or structure which has been identified by the Historic Preservation Commission as one which contributes to the designation of an area as a local Preservation District or a Historic District.
   CULTURAL RESOURCE. Building, site, structure, object, or district having cultural significance in prehistory or history.
   DEMOLITION. The destruction or removal of a building or structure, or parts of a building or structure substantially equivalent to the whole.
   DESIGNATED PROPERTY. Any lot, and any buildings or structures on that lot, included on the Local Register of Historic Places pursuant to this chapter.
     DIRECTOR OF COMMUNITY DEVELOPMENT or DIRECTOR. The Director of Community Development of the city, unless otherwise noted.
   DISTRICT PROPERTY. Any lot, building, and any structures on that lot, which is or are wholly or partly within a preservation district.
   EFFECTIVE DATE. The date, inserted by the City Clerk in this section, on which this chapter becomes effective under the Charter; that is, April 19, 1996.
   ELIGIBLE PROPERTY. Each lot, and any buildings or structures on that lot with significant historic and/or cultural value, which includes but is not limited to buildings and structures over 50 years old, all properties listed in the California Register of Historic Resources and National Register of Historic Places, and each lot, and any structures on that lot, in a preservation district.
   EMERGENCY. A sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
   HISTORIC FABRIC.
      (1)   With regard to a historic building, HISTORIC FABRIC means the particular materials, ornamentation, and architectural features which are consistent with the historic character of the building.
      (2)   With regard to a historic district, HISTORIC FABRIC means all sites, buildings, structures, features, landscaping, street elements, and related design components of the district which are consistent with the historic character of the district.
   HISTORIC PRESERVATION COMMISSION (HPC) or COMMISSION. The Historic Preservation Commission created pursuant to § 157.002 of this chapter.
   HISTORICAL RESOURCE. Any building, structure or site over 50 years old that is listed in or potentially eligible for the Local Register of Historic Places as an individual or contributing building or structure in a district which is historically or archaeologically significant, or which is significant in architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural history of the city, county, state, or nation. Structures less than 50 years old may also be historic if they possess exceptional significance.
   IMMINENT THREAT. The existence of any condition within, or affecting, a structure which, in the opinion of the authority having jurisdiction, would qualify such a building or structure as dangerous to the extent that the life, health, property or safety of the public, its occupants or those performing necessary repair, stabilization or shoring work, are in immediate peril due to conditions affecting the building or structure.
   INTEGRITY. Authenticity of a property’s historic identity; the quality or state of being complete, uncompromised and whole. Historic integrity is the extent to which the original or significant features of a building remain unchanged.
   LOCAL REGISTER OF HISTORIC PLACES. The City of Eureka’s official list of designated buildings, structures, sites, and districts worthy of preservation because of their significance in city history, architecture, archeology, engineering, and/or culture.
   LOT. Parcel of land or a portion thereof, considered as a unit, devoted to or intended for a use or occupied by a structure or a group of structures that are united by a common interest or use.
   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.
   NONCONTRIBUTING STRUCTURE OR BUILDING. A building or structure located within an historic district that does not possess the qualifications or characteristics of a contributing building due to such factors as age or alteration, but which has been included within the district because of its impact on the geographic integrity and overall character of the district.
   PERSON AGGRIEVED. Any person who’s quiet use or enjoyment, or ability to rent or successfully conduct lawful activities at another property is interfered with by the substandard or other condition giving rise to a nuisance at the designated property pursuant to § 157.007(B).
   PRESERVATION. Preservation maintains the form, materials and features of the historic property as it has evolved over time, acknowledging its growth, loss, and change. PRESERVATION is the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property.
   PRESERVATION DISTRICT. Any district within the city, which is designated pursuant to §§ 157.004 and 157.005 of this chapter.
   QUALIFIED PROPERTY. Any historical resource identified by the Historic Preservation Commission and not on the Local Register of Historic Places.
   RECONSTRUCTION. The act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. Reconstruction re-creates a vanished or non-surviving historic property with new materials.
   REHABILITATION. The act of making a compatible use of a historic property through repair, alterations, and additions while preserving those portions or features that convey its historical, cultural, or architectural values. Rehabilitation retains the historic property as it has evolved by maintaining and repairing historic features, while allowing additions and alterations for contemporary and future uses.
   RESTORATION. The means of accurately depicting the form, features, and character of a property as it appeared at a particular time by means of removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional, is appropriate within a restoration project. RESTORATION depicts an appearance that existed during the historic property’s most significant period by removing later additions and rebuilding or repairing earlier features.
   SECRETARY OF THE INTERIOR STANDARDS. The Secretary of the Interior’s Standards for the Treatment of Historical Properties published by the U.S. Department of the Interior, National Parks Service. Said publication provides standards and guidelines for the appropriate preservation, rehabilitation, restoration, reconstruction, and new construction to historic buildings, sites, resources, structures, and districts.
   SITE, HISTORIC. The location of a significant event, a prehistoric or historic occupation or activity where the location itself possesses historic, cultural or archaeological value regardless of the value of any existing structure includes but not limited to a designed landscape or the ruins of a building or structure.
   STREETSCAPE. The visual character of a street as determined by elements such as structures, access, greenery, open space, view, and the like. The scene as may be observed along a public street or public alley composed of natural and man-made components, including buildings, paving, planting, street hardware, and miscellaneous structures.
   STRUCTURE. Anything constructed or erected which requires a location on the ground, including a building, bridge, tunnel, swimming pool, access drives or walks. For the purpose of administering this chapter only, fences and walls of any height shall be considered structures if designated a historical resource by the Historic Preservation Commission.
   SURVEY. The process of inventorying city historical resources according to California Office of Historic Preservation guidelines to identify those resources eligible for the Local Register of Historic Places.
   TAKING. A restriction under this chapter which affects the value or use of a property so severely that the city would be required to compensate the owner of the property under the Fifth Amendment to the U.S. Constitution; Article 1, Section 19 of the California Constitution; or other applicable law.
(Ord. 607-C.S., passed 3-19-96; Am. Ord. 715-C.S., passed 11-27-07; Am. Ord. 791-C.S., passed 12-4-12)