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Home My WebLink About01082004 BSC Agenda Item 4 CRIVI Volume 17, No. 7 Supplement Local Incentives for Historic Preservation Constance E. Beaumont Many local governments provide incentives to encourage private property owners to preserve or rehabilitate historic buildings. Such incentives can be an important complement to regulatory controls embodied in local preservation ordinances . Among the different types of historic preservation incentives used by cities and towns around the country are: •tax incentives l� • financial assistance (e.g., rehabilitation grants or loans) • regulatory relief(from building code or parking requirements) • zoning incentives (e.g., transfer of development rights, density bonuses) • technical assistance(e.g., design assistance) In addition to providing preservation incentives,many communities are creating disincentives for property owners to demolish historic landmarks and replace them with surface parking lots. This memorandum cites examples of such disincentives as well as incentives. It should be noted at the outset that some preservation incentives discussed herein may not be permitted under state law. Local governments considering incentive programs are auvised to review then state historic preservation or zoning enabling laws to determine whether they have the legal authority to put certain incentives in place. If they lack such authority but wish to obtain it, they might consider working with statewide preservation organizations to amend their state enabling legislation. (See "Successful State Advocacy," National Trust Information Sheet No. 57) Additional references on preservation incentives are cited at the end of this information bulletin. A. TAX INCENTIVES FOR HISTORIC PRESERVATION 1. San Antonio, Texas One of the more mature tax incentive programs for preservation is found in San Antonio, where in 1980 the city council authorized property tax relief for owners of historic properties. Under this program,taxpayers who substantially rehabilitate historic residential structures may have their property tax assessments frozen for 10 years at pre-rehabilitation assess- • ment levels. After that period, tax assessments must again reflect a property's full market value. Both rental housing and owner-occupied residences may qualify for this benefit. Rehabilitated commercial structures may be exempted completely from city property taxes for five years. During the following five years, taxes are assessed on only half of the renovated building's value. San Antonio preservation advocates are currently working with the Bexar County Appraisal District to persuade county tax assessors to tax historic landmarks according to their actual use, rather than their "highest and best" use. For more information: San Antonio Historic Preservation Office, Box 839966, San Antonio, Texas 78283-3966. Tel: 512/299-8308. 2. Boulder, Colorado Boulder law authorizes a waiver of city sales taxes on construction materials used to rehabilitate historic landmarks if at least 30%of the cost of materials is for a building's exterior. This program has been used extensively and reportedly makes property owners happier about complying with design review requirements applied to historic buildings. For more information: Department of Community Planning and Development, Rm. 305, Park Central Bldg., 1739 Broadway, Boulder, Colorado 80306. Tel: 303/441- 3270. 3. Other Examples of Communities with Tax Incentives •Jackson, Mississippi authorizes property tax exemptions for up to 7 years for designated landmarks or buildings in historic districts.Both commercial and residential structures qualify. •Atlanta, Georgia provides a freeze on property taxes for income-producing historic landmarks. •Buffalo, New York allows 50%of the value of a rehabilitated landmark property to be excluded from tax assessments for up to 20 years. •Seattle, Washington permits tax assessments on rehabilitated historic properties to exclude the increased values attributable to rehabilitation for up to 10 years. B. GRANTS AND LOANS 1. Roanoke, Virginia In 1989 Roanoke created a "Historic Buildings Rehabilitation Loan Program."The program is the result of a partnership involving Downtown Roanoke, Inc., the Roanoke Valley Preservation Foundation,the City of Roanoke and local commercial lenders. Under this program, the banks provide rehabilitation loans of up to $100,000 per project. The interest rate is set at 2%below prime;the loan term, at seven years. The program is limited to buildings in Roanoke's central business district. In addition,the city of Roanoke offers matching facade improvement grants of up to $5,000 and provides free architectural design assistance to property owners in local historic districts. To qualify for these grants, a person must rehabilitate a deteriorated building and increase job opportunities for low to moderate-income persons. All renovations must comply with special rehabilitation standards. This program is funded through community development block grant funds available from the U.S. Department of Housing and Urban Development. For more information: City of Roanoke Community Planning Office, Room 355, Municipal Bldg., 215 Church Ave., S.W., Roanoke, Virginia 24011. Tel: 703-981-2344. C. EXEMPTIONS FROM PARKING REQUIREMENTS Many communities recognize that it is difficult for historic areas to meet parking requirements that were intended for new construction. Inasmuch as the enforcement of such requirements can easily destroy the pedestrian-oriented character of historic districts,many zoning ordinances allow for flexibility in this area. Cited below are some examples. 1. Eugene, Oregon Eugene's preservation ordinance states: The (historic review) board or council may modf. . . general provisions regarding (the). . . number of off-street parking spaces required. . . in the final order designating landmark status if the modifications: 1) are necessary to preserve the historic character, appearance or integrity of the proposed historic landmark, and 2) are in accordance with the purposes of zoning and sign regulations. 2. Durham,North Carolina Durham's preservation ordinance authorizes parking variances to protect the special character of its historic districts: When the Historic District Commission finds that the number of off street parking spaces required by the zoning regulations for a building or structure.for which a Certificate of Appropriateness is requested is inconsistent with the historic character and qualities of the _ District, the Historic District Commission shall recommend to the Board of Adjustment that the Board. . . grant a variance, in part or in whole, of the number of offstreet parking spaces required. The Board. . . may authorize a lesser number of off-street parking spaces, provided: (1) the Board fi'nds that the lesser number of off-street parking spaces will not create problems due to increased on-street parking, and(2) will not constitute a threat to the public safety. 3. Austin, Texas Austin authorizes its landmark commission to: review the parking regulations in existence in the (historic) district and recommend any changes in numbers, or location of on-street and off-street parking requirements it feels necessary to enhance the district. (The commission)shall review the adequacy of parking facilities in or affecting the district and may ofkr recommendations for such public and/or private parking lots, garages or structures it deems to be in the best overall interest of the district. 4. Richmond, Virginia Section 16-11 of Richmond's ordinance states: The. . . off-street parking and loading regulations. . .shall not apply to buildings or premises in an old and historic district when it is demonstrated to the satisfaction of the commission by competent evidence that it is necessary to depart from such regulations and provisions in order to accomplish, encourage and promote the purposes and objectives set out in (the ordinance's statement of purpose). 5. Seattle, Washington Seattle's land use code helps to maintain the walkability of the downtown area through reduced parking requirements.No parking is required for new uses located in existing structures, even when they are remodeled.No parking, either long-or short-term, is required: for the first 30,000 square feet of retail space on lots in areas with high transit access;for the first 7,500 square feet of retail and service space on lots in other areas; and for the first 2,500 square feet of non-retail commercial space. Seattle also has a special ordinance governing development in the historic Pioneer Square Preservation District.Among the stated purposes of that ordinance are: • to avoid a proliferation of vehicular parking and vehicular-oriented uses; • to provide regulations for existing on-street and off-street parking; and • to encourage the use of transportation modes other than the private automobile. The Pioneer Square ordinance prohibits free-standing gas stations and such other auto- related land uses as automotive retail sales and services, drive-in businesses and surface parking lots.The ordinance explicitly discourages parking garages and subjects them to special design review. Curb cuts and street-level entrances to parking facilities, when they are allowed, are subject to special review. For more information: Dept. of Community Development, 700 3rd Avenue, Seattle, Washington 98104. Tel: 2061684-0228. 6. Denver, Colorado The zoning ordinance for Denver's Lower Downtown Historic District includes the following restriction to guard against the construction of parking garages that could destroy with the special character of this area: Parking is prohibited within a space which extends from street level upwards a distance of 12 feet in any structure located within 35 feet of the zone lot front line which is part of the long dimension of any block. Denver also exempts buildings in the Lower Downtown Historic District that were constructed or altered before 1974 from the normal parking requirements. For more information: Denver Planning Office, 1445 Cleveland Place, Denver, Colorado 80202. Tel: 3031640-3609. D. EXEMPTIONS FROM BUILDING CODE REQUIREMENTS As is the case with parking requirements, today's building codes were written with new construction in mind and are often inappropriate for historic structures. For this reason, many communities allow waivers of certain building code provisions for historic structures provided that the public safety is not endangered. Usually this is done through tradeoffs: the existence of certain characteristics in a historic structure may compensate for the absence of features required by the building code.Examples of communities that provide such flexibility are cited below. 1. Duluth, Minnesota Duluth's ordinance encourages building code enforcement authorities: to be open to acceptable alternative solutions and alternative compliance concepts, where practical, that will permit the continued use of existing buildings and structures without creating overly restrictive financial burdens on owners or occupants. (But) nothing in this ordinance shall he construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure required by city ordinance. 2. Taos, New Mexico The model code followed by Taos is the Uniform Building Code. However, the Taos preservation ordinance explicitly authorizes building code officials to consider alternative ways for historic buildings to comply with code requirements: Rehabilitation or restoration of an officially designated historic structure can be made without conformance to all of the requirements of the codes upon the review and authorization by the building official who has legal authorzJ. 3. Sarasota, Florida The building code relief provided for historic structures in Sarasota is as follows: Historically designated structures and structures which are located in a designated historical district. . . shall qualify for the exemption accorded to special historic buildings under. . . (the) Sarasota Building Code (Standard Building Code, 1985 edition). . .provided that the building meets all other requirements of that section to the satisfaction of the Building and Zoning Administrator. . . 4. Boise, Idaho Boise allows flexibility in the fire code as well as the building code: The Council, in order to promote the preservation and restoration of any historic properties, landmarks or property within an historical district may, upon the recommendation of the Commission, exempt an historic property, landmark, or property within an historical district from the application of City Fire or Building Codes upon compliance with the crikria for exemption set forth in said codes and upon a finding that non-exemption would prevent or seriously hinder the preservation or restoration of said historic property, landmark or property in an historical district. Upon recision of an historic designation, any code exemption herein granted shall be revoked effective the date of recision. 5. Austin, Texas Austin's preservation ordinance permits the local landmark commission to: review and recommend any amendments to the building regulations it feels necessary to preserve the architectural and historic integrity and authenticity of structures within each such district. 6. Richmond, Virginia Richmond authorizes flexibility in fire code requirements for historic buildings: when the chief of the bureau of fire certifies to the (landmark) commission that in his opinion such building or structure and the character of construction thereof will not materially increase the danger from fire. . . (Portsmouth, Va., has a similar ordinance.) 7. Seattle, Washington The Seattle Building Code, which is based on the Uniform Building Code, allows the director of the Department of Construction and Land Use to modify building code requirements for landmark buildings.The director has the discretion to request alternate requirements so long as they do not compromise the public health and safety. E. ZONING INCENTIVES 1. Transfer of Development Rights The transfer of development rights(TDR) is a publicly created mechanism through which owners of historic properties may sell unused development rights (air rights)to a property owner who uses these rights on another site. With TDRs in hand, a developer may build a larger building on the "receiving site"than the zoning would normally allow. Historic property owners who sell TDRs may use the proceeds from their sales to pay for necessary repairs to their property. In order for TDR programs to succeed,there must be a market for the development rights that owners of historic properties want to sell. Communities in which the overall real estate market is sluggish may not find TDRs very useful. Cities with robust real estate markets have established TDR programs but often destroy the TDR market by zoning "receiving sites"too liberally.That is,they make building density and height limits so generous that there is little incentive for developers to purchase TDRs.If the zoning already permits developers to build exceedingly large buildings as a matter of right, why should they pay extra for TDRs? Another prerequisite for a successful TDR program seems to be a city planning staff with expertise in real estate matters, as TDR transactions can be complicated. Although TDR programs exist in a number of cities, as can be seen from the experiences of the following communities, TDRs have not been used very often: •Seattle. Seattle's TDR program, created in 1985, permits TDR transactions for two purposes: to produce or preserve low-income housing and to save historic landmarks. Although the program has been used for housing, it has never been used to preserve landmarks. Efforts are currently being made to correct the problems with Seattle's TDR program for preservation. •San Francisco. San Francisco included a TDR program in the Downtown Plan the city enacted in 1985. Approximately 10 to 15 TDR transactions involving historic buildings have been carried out since then. •Atlanta and Dallas. Both Atlanta and Dallas authorize TDRs for historic preservation. However, because their zoning codes permit such extraordinarily high floor area ratios(25 to 1 in Atlanta, 20 to 1 in Dallas), developers have had little incentive to purchase TDRs. •Pittsburgh. Pittsburgh's program, established in 1987, allows TDRs in three circumstances: 1) if new housing is constructed on the receiving site; (2) if the sending site is a designated historic strcutures; and(3) if a nonprofit performing arts facility is a sending site. The city has used this program only once, to transfer development rights from the Benedum Center, a historic building and a performing arts center. The transfer of development rights was used to accommodate a twin office tower project across the street. •Philadelphia. A TDR program is under active consideration in Philadelphia at this time. •New York. A TDR program run by the city dates to 1961 but has been used for only about 24 TDR transactions in the last 20 years. 2. Zoning Variances During the 1960s,many communities revised their zoning ordinances to require suburban-style yards,with large lot sizes and front- and side-yard setbacks. In older neighborhoods where houses were often built more closely together on smaller lots, this type of zoning has made it difficult to construct compatibly designed "in-fill"housing.As a result, vacant lots have proliferated and neighborhood revitalization efforts have been stymied. Some communities have acted to overcome this problem. a. Lansing, Michigan. Lansing's historic district ordinance contains the following language: Due to particular conditions of desigl 1 and construction in historic neighborhoods where structures ar-- often built close to lot lines, and since it is in the public interest to retain a neighborhood's historic appearance by making variances to normal yard requirements where it is deemed that such variances will not adversely affect neighborhood properties, the Historic District Commission may recommend to the Board of Zoning Appeals that a variance to standard yard requirements be made. b. Roanoke, Virginia The city of Roanoke reduced the minimum lot sizes in historic residential neighborhoods as part of a comprehensive revision to its local zoning code in 1987. At the same time, Roanoke moved to permit special uses of historic residences to make their preservation more economically feasible.For example,the city amended its zoning to permit large Victorian houses that are now too big for most families to be used as bed and breakfasts, art galleries and other uses that do not destroy residential neighborhoods. To encourage downtown housing, Roanoke's zoning permits multifamily apartment buildings, townhouses, and the conversion of upper floor space to residential uses in the downtown and adjacent areas. These residences accommodate people who enjoy walking to work and provide a market for downtown stores. For more information: Office of Community Planning, Rm. 355, Municipal Bldg., 215 Church Ave., S.W., Roanoke, VA 24011. 703/981-2344 c. Sarasota, Florida Sarasota authorizes variances and special exceptions to zoning rules to make it easier for owners of historic structures to find economically viable uses for their properties: Owners of historically designated structures. . . may petition the Planning Board for a special exception for any type of use which would serve to perpetuate the viable contemporary utilization of the historic structure, regardless of whether such use is permitted by special exception in the zone district in which the historic structure is located. . . When a petition for a variance is filed with the Board of Adjustment for an historically designated structure. . . then the petition for such a variance need only demonstrate that the grant of the variance will not be detrimental to the public welfare. Miami authorizes flexibility in zoning,parking and building code requirements when necessary to encourage the preservation of historic structures. Under a recently adopted historic preservation overlay zone ordinance,the city may approve conditional uses—e.g., professional offices, tourist and guest homes, museums, private clubs and lodges—in order to make the preservation of historic structures more economically feasible in certain cases.The ordinance has helped to save large historic houses located on the fringes of commercial districts. Miami also permits waivers of minimum lot size, floor area, open space, height, building spacing and footprint requirements to encourage historic preservation.A provision in the South Florida Building Code permits the waiver of certain building code provisions under certain circumstances.Finally,where the size or configuration of a historic district is such that compliance with offstreet parking requirements would destroy the area's historic character,the city may authorize a reduction of up to one-third of the number of parking spaces that would otherwise be required. For more information: Miami Planning Department,Historic Preservation Office, Miami, Florida. Tel: 3051579-6086. G. DISINCENTIVES FOR SURFACE PARKING LOTS AND GARAGES 1. Pasadena, California Pasadena's preservation ordinance contains this provision: No building or construction related permits shall be issued for a period of 5 years from the date of demolition for property on which demolition has been done in violation (of the ordinance's requirements) and no permits or use of the property as a parking area shal- be allowed during the 5 years. . . All property subject to (the above provision)shall be maintained in an orderly state. The owner shall maintain all existing trees and landscaping on the property, and, when appropriate shall sod and seed the property, or otherwise install planting and landscaping materials in a manner satisfactory to the City's zoning administrator.Any new construction on the property after the time period within which building and other development permits may not be issued shall be subject to design review by the Design Commission with recommendations from the Cultural Heritage Commission to be received by the Design Commission prior to rendering decisions on the design of new development. The Pasadena ordinance also forbids the demolition of structures over 50 years old "unless there has been issued a building permit for a replacement structure or project for the property involvedl'A property owner may be exempted from this requirement if he can show that "demolition without replacement will not result in harm to the public." Harm is defined as "the loss of low-income housing stock which will not be replaced. . .nuisance uses of the vacant property. . . (or) significant adverse visual impact(s) on the neighborhood." 2. Lowell, Massachusetts Lowell seeks not only to discourage surface parking lots but also to ensure that new parking garages are built to fit in harmoniously with their surroundings: Where off-street parking provision is necessary, vehicles shall be accommodated in multi-story structures which are sensitively designed to fi't into their architectural context. Removal of buildings to create ground-level parking space shall generally be prohibited. Ground level parking spaces proposed to be located on existing open land shall be adequately landscaped utilizing a combination of shade trees and shrubs for screening. 3. Salt Lake City, Utah Salt Lake City prohibits demolitions of historic buildings unless their owners have plans for replacement structures: All applications for (demolition)permits must be accompanied by post-demolition or post-removal schematic construction plans or landscaping plans for the site, which plans shall be submitted to the historical landmarks committee for recommendation. . . A. Prior to approval of any demolition permit, (the)planning(department)shall review the post-demolition or removal plans to determine if a faithful performance bond is required hereunder to ensure the installation and maintenance of sprinkled landscaping upon the regraded lot according to: 1. The landscaping plan approved by the committee;or 2. In absence thereof a minimum standard of automatically sprinkled sodded grass, within 6 months following the demolition. . B. If a bond is required, it must be issued by a corporate surety authorized to do business in Utah, in a form approved by the city attorney or a cash bond under an escrow agreement approved as to form and terms by the city attorney. The bond shall be in an amount determined by planning and shall be sufficient to cover the estimated costs, as determined by the city engineer to: 1. Restore the grade as required . . 2. Install a working automatic sprinkling system. 3. Revegetate and landscape with sodded grass. 4. Continuing(sic) obligation to maintain the same in an orderly, clean condition until a structure is constructed upon the site. 5. The bond shall require installation of landscaping and sprinklers within six months, unless the owner has obtained a valid building permit and commenced pouring foundations. It shall be the owner's responsibility at all times to maintain the landscaped lot in an orderly, clean and good condition to avoid becoming an eyesore, weedpatch or otherwise detrimental to the streetscape or public health. D. The bond shall be required under the following circumstances: I. upon applications involving property located within any historic district; and 2. upon applications involving property located upon a landmark site. F. PACKAGES OF INCENTIVES Some cities provide a whole package of preservation incentives. Examples of such comprehensive approaches are cited below. 1. Portland, Maine The preservation ordinance of Portland, Maine, authorizes the city council to approve an "Incentive Plan" for property owners who could not preserve a historic property without facing undue economic hardship. The ordinance states: This Incentive Plan may include, but is not limited to, loans or grants from the City of Portland or other public or private sources, acquisition by purchase or eminent domain, building and safety code modifications to reduce cost of maintenance, restoration, rehabilitation or renovation, changes in applicable zoning regulations including a transfer of development rights, or relaxation of the provisions of this article sufficient to allow reasonable use of the structure. For more information: Dept. of Planning & Urban Development, Rm. 211, City Hall, 389 Congress St., Portland, Maine 04101. Tel: 207/874-8300. 2. Aspen, Colorado Aspen provides a$2,000 grant to residential property owners who "volunteer to landmark designate" their property. The city also provides zero-interest grants of up to $10,000 to help persons who demonstrate economic hardship pay for minimum maintenance of their property. In addition, historic property owners may be exempted from processing fees and park dedication fees that would normally be required for regular building permits. Landmarks are exempt from the Aspen Growth Management Quota System as well as from an annual competition for a limited allocation for commercial square footage, lodge or residential units. There is a 3.4%cap on growth. Aspen also makes special conditional uses available only to landmarks and authorizes flexibility in the zoning rules with respect to building setback requirements for historic structures, floor area ratios, and Uniform Building Code requirements when appropriate. For more information: City of Aspen, Planning&Zoning Office, 130 S. Galena, Aspen, Colorado 81611. Tel: 303/920-5909. 3. Seattle, Washington Seattle's landmark preservation ordinance explicitly authorizes a variety of economic incentives to encourage the maintenance or rehabilitation of historic structures.The ordinance states: Examples of economic incentives include tax relief conditional use permits, rezonin$ street vacation,planned unit development, transfer of development rights,facade easements, named gifts,preferential leasing policies,private or public grants-Maid, beneficial placement of public improvements, or amenities, or the like. For more information: Office of Urban Conservation, Dept. of Community Development, 700 Third Ave., Seattle, Wash. 98104. Tel: 206/684-0381 G. TECHNICAL ASSISTANCE Many communities have found that plain old friendly persuasion can be an effective way of getting property owners to maintain their historic buildings and to rehabilitate them in a way that respects the distinctive character of the neighborhood. The National Alliance of Preservation Commissions encourages local preservation commissions to provide helpful guidance to property owners on design matters. Such advice can be provided by qualified planning department staff members, through special neighborhood workshops, or even on a "circuit rider" basis. For more information on communities using this approach, contact the National Alliance of Preservation Commissions, 444 N. Capitol St., Washington, D. C. 20001. ADDITIONAL REFERENCES America's Downtowns: Growth, Politics and Preservation, by Richard C. Collins, A. Bruce Dotson and Elizabeth B. Waters. Preservation Press. 1991. This 159-page book describes the efforts of 10 cities to establish local historic preservation programs. The cities are Atlanta, Boston, Cincinnati, Denver, Jersey City, Philadelphia, Roanoke, St. Paul, San Francisco and Seattle. Preservation incentives were included in programs adopted by several of these cities and are discussed in the book. Available for$14.95 (plus sales tax and $4 for shipping) from the Preservation Press, National Trust for Historic Preservation, 1785 Massachusetts Ave.,N.W., Washington, D. C. 20036. Fiscal Incentives for Historic Preservation, by Susan Robinson and John E. Petersen. January 1989. This 69-page report discusses preservation incentives from the perspective of local governments. It addresses such issues as: eligibility criteria, timing and duration of incentives, impacts on tax bases, administrative concerns and assessment practices. Available for$10 from the Center for Preservation Policy Studies,National Trust for Historic Preservation. "State Tax Incentives for Historic Preservation," by Constance E. Beaumont. March/April 1991 Historic Preservation Forum, the journal of the National Trust for Historic Preservation. This six-page article describes approaches taken by six states to encourage historic preservation. The tax relief programs discussed are those of Texas, Georgia, Rhode Island, Wisconsin, Washington and Oregon. Transferable Development Rights Programs, by Richard J. Roddewig and Cheryl A. Inghram. American Planning Association. 1987. This 38 page Planning Advisory Service Report(Number 401)defines TDRs and discusses their application in 8 communities: Montgomery Count Y Md.; Collier County, Florida; New Jersey Pinelands; Santa Monica Mountains, Calif.; New York City; Denver; Seattle; and San Francisco. The report also discusses the legal basis for a TDR program and the design of an effective TDR system. Finally, it includes sample ordinances and a bibliography. Available for$16 from the APA ($8 to PAS subscribers), 1313 E. 60th St., Chicago, Illinois 60637. (312) 955-9100. Using A Revolving Loan Fund for Downtown Preservation, a Critical Issues Fund issue paper by J. Myrick Howard. 1988. This 22-page report discusses: revolving fund techniques, selecting properties, the problem of profit(or lack thereof), establishing property values and potential uses, recouping expenses, working with brokers and fundraising for the revolving fund. Available for$5 from the Center for Preservation Policy Studies of the National Trust for Historic Preservation. Preserving Small Buildings in Downtown Washington, D. C., a Critical Issues Fund report by Tom Moriarity of Halcyon, Ltd. 1988. This 77-page report summarizes techniques available to preserve small historic buildings in a downtown area. The report includes brief explanations of such preservation tools as zoning (overlay, performance, bonus), tax abatements, differential assessments, investment tax credits,tax increment financing and special taxing districts. Available for$10 from the Center for Preservation Policy Studies of the National Trust. "Economic Incentives for Historic Preservation," a Critical Issues Fund paper by Richard J. Roddewig. 1988. This 16-page paper discusses historic buildings as an economic resource and comments on the advantages of different approaches to preservation incentives.Available for $5 from the National Trust's Center for Preservation Policy Studies. Carrots and Sticks:New Zoning Downtown, by Terry Jill Lassar. Urban Land Institute. 1989. This 203-page book discusses incentive zoning, density bonus programs,design review, street-level retail uses, view protection, open space and streetscapes, parking and transportation. Information is included on zoning tools used by such cities as Portland (Oregon), Pittsburgh, Seattle, San Francisco, Bellevue (Washington) and Charlotte (North Carolina). Available from the Urban Land Institute, 625 Indiana Avenue, N.W., Washington, D. C. 20004. (202) 624-7000. Appraising Easements: Guidelines for Valuation of Historic Preservation and Land Conservation Easements. An 82-page book published jointly by the Land Trust Alliance and the National Trust for Historic Preservation, this publication includes: guidelines for the appraisal of charitable gifts of conservation easements, excerpts from the U.S. Treasury Dept. regulations concerning easements; selected IRS revenue rulings,and sample easement restrictions. The book may be obtained for$8.95 from the Preservation Bookstore, 1600 H St., N.W., Washington, D. C. 20006. 202/673-4200. The Conservation Easement Handbook:Managing Land Conservation and Historic Preservation Easement Programs. Authored by Janet Diehl and Thomas S. Barrett, this 269-page book discusses such matters as:the different types of conservation and preservation easements; criteria for easement programs; marketing easement programs; tax benefits of easements; and preventing easement violations. The book also includes model historic p reservation and conservation easements and commentary. Available for$19.95 from the Preservation Bookstore, 1600 H St., N.W., Washington, D. C. 20006. Preservation Law Reporter. Published by the National Trust for Historic Preservation, the Preservation Law Reporter covers new developments relating to Federal, state and local preservation laws and ordinances. State laws affecting tax incentives for preservation are included as part of this coverage. Subscriptions to the PLR are $90 ($50 for members of the National Trust's Preservation Forum). A subscription includes 12 monthly issues plus a year-end report summarizing highlights in preservation law. Write to the Law and Public Policy Department, National Trust for Historic Preservation, 1785 Massachusetts Ave.,N.W., Washington, D. C. 20036. 202/673-4035. Alliance Review Published quarterly by the National Alliance of Preservation Commissions, this newsletter offers helpful advice on a variety of matters: design guidelines for historic districts, local ordinance provisions dealing with special problems, such as "demolition by neglect," workshops and conferences, etc. Annual subscriptions are$15, available from NAPC, Hall of the States, Suite 332, 444 N. Capitol St., Washington, D. C. 20001 More owner consent provisions Pasadena Section 2.75.140 Procedure for designating landmarks. If the property is privately owned, the owner of the property may object to the designation of the property as a landmark by filing with the city clerk a statement setting forth the objection prior to the hearing before the board.Any such statement must be acknowledged before a notary public in the same manner as required for recordation of deeds. If an objection is made by the 6 owner or, if there are multiple owners, by those owners having an interest greater than 50%of the assessed value of the property, then the board shall determine if the property is eligible for designation as a landmark, but no declaration of its designation shall be recorded. An owner or an owner's successor in interest may thereafter withdraw an objection at any time by filing a statement withdrawing the objection. Jackson, Mississippi Section 15-1/2.11 (7) Within 60 calendar days after the public hearing. ..,the city shall adopt the ordinance as proposed, reject it, or adopt any portion thereof. However, the city shall not adopt an ordinance designating a historic district unless a majority of the property owners voting as required herein, voted in support of said designation. Historic Preservation Incentives PLANNING BOARD REPORTS TO THE 1999 ANNUAL TOWN MEETING ARTICLE 4 ZONING BY-LAW , HISTORIC PRESERVATION INCENTIVES The text of the proposed amendment appears at the end of the Report RECOMMENDATION: The Planning Board recommends that Article 4 be APPROVED. OBJECTIVES The intent of the proposed article is to keep to a minimum the possibility that Lexington's zoning requirements will inhibit the cause of historic preservation. Zoning can inadvertently act as a disincentive to protect structures by having rigid permitted use restrictions, dimensional requirements (such as setbacks), on-lot building restrictions or other constraints that might have an unintended negative impact. In proposing special permit conditions, however, the aim is to provide prudent measures that offer an incentive to the applicant to preserve the structure while still protecting abutting uses and the neighborhood. Another need is to clarify the definition of what constitutes historic status—or potential historic status—for a structure. An additional requirement is to maintain a list of eligible structures and elements and a process for amending it. The following are general goals for the proposed amendment: a. Employ the zoning power to encourage preservation of historic buildings, other structures and elements within and outside of historic districts. b. Use the special permit granting authority that is (variously) vested in the Zoning Board of Appeals and the Planning Board, as a vehicle to implement broad historic preservation goals on a town-wide basis. The following are specific objectives of the amendment a. Reduce the disincentives to historic preservation in the Lexington Zoning By-Law that might involve use restrictions, dimensional requirements or other provisions. b. Substitute permitted use provisions that broaden the array of acceptable economic options in a property for the owner/investor. c. Modify, where feasible, dimensional and development standards that create barriers to preservation for the property owner/investor. d. Strengthen and make clear the definition of historic and potentially historic and architecturally significant buildings, other structures and elements. e. Utilize the town's existing historic regulatory and protective processes for maintaining a list of eligible historic structures and elements; this list should be viewed as a changing and dynamic tool that provides oversight and consistency to the process of nominating items for historic status. BACKGROUND Collectively, many older residences and commercial buildings in Lexington help to give the town its special character. The community has long expressed its recognition of the value of Lexington's architectural resources by supporting preservation of particular historic buildings, creating historic districts and passing other protective regulations. It is apparent, however, as the town enters the new century, that limited public powers and individual preservation efforts, as important as they may be, are not sufficient to achieve broad community stewardship of the town's historical and architectural resources. Zoning powers, particularly those involving special permit granting authority, can be employed in a variety of ways to encourage preservation. This article responds to concerns expressed by members of the Planning Board and the Lexington Historical Commission in regard to extending greater protection to historic structures and other historic elements in the community. These structures and elements may exist within or outside of the town's existing historic districts. In addition to buildings, historic status can include settings (such as a field), ancient ways, secondary structures (such as a barn), monuments or even a sign. Structures within an existing historic district are covered by design controls that regulate alterations to the building. Structures located outside of a historic district do not have any layer of protection to encourage their preservation, with the sole exception of the town's Demolition Delay By-Law, which covers the entire municipality. That By-Law offers a six month postponement of the razing of a building during which the applicant must justify to the Lexington Historical Commission (not the same as the Historic Districts Commission) why demolition is the only feasible alternative. HIGHLIGHTS OF THE ARTICLE A number of points are important to understand in regard to the proposed article. First, the actual or potential eligibility of any building, structure or other element under this article is not arbitrary and left to the whim of either a developer or the town. Whether in an accepted or nominated status, historic properties must have demonstrable architectural or historic significance under the criteria of some credible source, be it the National or State Register or Lexington's Cultural Resources Survey. Second, the basic approach used in this historic incentive provision is to allow modification of the land uses permitted in various zoning districts to provide property investors with an economic inducement to preserve the property. These use modifications are, however, selected with caution, both in terms of the uses being of low impact to their ,. area and the zoning districts in which they would now be allowed being limited and logically chosen. It should also be kept in mind that these provisions apply only to properties that have met the eligibility criteria for historic and architectural significance, and not to properties on a wholesale basis. Similarly, dimensional and certain development standards such as yard setbacks or impervious surface ratios may be modified where they impede preservation. The system would operate with checks and balances for the protection of the applicant, neighboring users and the general public. In addition to the eligibility "screen" for any property, the use of the special permit mechanism guarantees extensive public process, with public and abutter notice, a public hearing, review by all relevant town boards and departments, provision of written findings of fact by the SPGA, and the ability for the SPGA to impose protective special conditions on a case-by- case basis. Finally, the article allows, where necessary, otherwise ineligible adjacent lots in a subdivision or cluster development to be used to make historic preservation on the eligible lot feasible. This could involve any purpose that helps to achieve the goal of preservation, ranging from provision of parking, to accommodating infrastructure, to restoring historic setting. PUBLIC HEARING: A duly advertised public hearing was held on February 24, 1999. Key questions and comments included: How many properties are on the National or State Registers and/or the Lexington Cultural Resources Survey? The Board has now determined that 645 buildings are presently eligible for this special permit, by means of being included in one or more of these lists. Another 500 have potential eligibility but resources have been insufficient to conduct additional architectural/historical surveys. Questions were asked about specific uses of buildings that might now be allowed under this By-Law amendment, and the Board and staff offered clarification. Other comments involved minor technical corrections. MOTION That the Zoning By-Law be amended by adding a new subparagraph 4.4 HISTORIC PRESERVATION INCENTIVES, as follows: "4.4 HISTORIC PRESERVATION INCENTIVES 4.4.1 GENERAL OBJECTIVES a. Encourage preservation of buildings, structures, sites and settings, and elements of historical or architectural significance. b. Establish eligibility criteria for buildings, structures, sites and settings, and elements attaining protected status under paragraph 4.4.2. c. Expand economic options for the owner/investor, by broadening the permitted uses in various zoning districts and removing barriers presented by development standards governing those permitted uses. d. Permit the flexibility of development options by modifying dimensional requirements that might be an impediment to historic preservation. e. Provide incentives to preserve contributory elements of historic or architectural significance, such as settings and sites, objects, monuments, trees or other elements. 4.4.2 HISTORIC ELIGIBILITY DEFINED: a. Any historic element, as defined below, may qualify for paragraph 4.4.2, Historic Preservation Incentives, if it is included on any of the following lists or surveys: 1. National Register Of Historic Places 2. State (Commonwealth Of Massachusetts) Register Of Historic Places 3) Inclusion by the Lexington Historical Commission in its Comprehensive Cultural Resources Survey, or identification by that Commission of historic and/or architectural significance and thereby potential inclusion in the Comprehensive Cultural Resources Survey. 4) Pending nominations in good standing to the National or State Registers b. Primary Qualifying Elements shall include the following: buildings, and other structures and outbuildings located on the property. c. Secondary Qualifying Elements shall include the following: sites and settings, objects, monuments, trees or any element of historical, architectural and/or cultural significance which indicates their contributory value in establishing historical context. A duly advertised public hearing was held on February 24, 1999. Key questions and comments included: How many properties are on the National or State Registers and/or the Lexington Cultural Resources Survey? The Board has now determined that 645 buildings are presently eligible for this special permit, by means of being included in one or more of these lists. Another 500 have potential eligibility but resources have been insufficient to conduct additional architectural/historical surveys. Questions were asked about specific uses of buildings that might now be allowed under this By-Law amendment, and the Board and staff offered clarification. Other comments involved minor technical corrections. MOTION That the Zoning By-Law be amended by adding a new subparagraph 4.4 HISTORIC PRESERVATION INCENTIVES, as follows: "4.4 HISTORIC PRESERVATION INCENTIVES 4.4.1 GENERAL OBJECTIVES a. Encourage preservation of buildings, structures, sites and settings, and elements of historical or architectural significance. b. Establish eligibility criteria for buildings, structures, sites and settings, and elements attaining protected status under paragraph 4.4.2. c. Expand economic options for the owner/investor, by broadening the permitted uses in various zoning districts and removing barriers presented by development standards governing those permitted uses. d. Permit the flexibility of development options by modifying dimensional requirements that might be an impediment to historic preservation. e. Provide incentives to preserve contributory elements of historic or architectural significance, such as settings and sites, objects, monuments, trees or other elements. 4.4.2 HISTORIC ELIGIBILITY DEFINED: a. Any historic element, as defined below, may qualify for paragraph 4.4.2, Historic Preservation Incentives, if it is included on any of the following lists or surveys: 1.. National Register Of Historic Places 2. State (Commonwealth Of Massachusetts) Register Of Historic Places 3) Inclusion by the Lexington Historical Commission in its Comprehensive Cultural Resources Survey, or identification by that Commission of historic and/or architectural significance and thereby potential inclusion in the Comprehensive Cultural Resources Survey. 4) Pending nominations in good standing to the National or State Registers b. Primary Qualifying Elements shall include the following: buildings, and other structures and outbuildings located on the property. c. Secondary Qualifying Elements shall include the following: sites and settings, objects, monuments, trees or any element of historical, architectural and/or cultural significance which indicates their contributory value in establishing historical context. d. Priority in granting special permits under these historic preservation incentives shall, in all cases, be placed upon keeping buildings and structures in place, rather than moving them to other locations, provided that the existing siting can be shown to represent valid historical setting and context. Moving of buildings, structures and elements to other locations shall be considered only if no other preservation measures are practical or reasonable on the existing site, or if the proposed removal is to return a building, structure or element to an original or more historically accurate location. The SPGA shall determine the validity of any such requests. 3. SPECIAL PERMIT AUTHORIZED: The Board of Appeals, or the Planning Board where it is authorized to be the special permit granting authority(SPGA), may grant a special permit to authorize actions that would otherwise not comply with the provisions of this By-Law and that would allow the renovation, repair, adaptive reuse or, in limited instances, removal, of historic or architecturally significant buildings. a. The following uses, identified by the line in which they appear in Section 4.2 of this By-Law that are not usually permitted in the districts identified below, may be allowed in those districts, provided the SPGA makes the findings listed in 4.4.4.: 1. 1.13 Residential/Institutional/Agricultural Uses; the conversion of single family residences in the RD, CB and CLO districts. 2. 1.14 the conversion of single family residences in the CB and CLO districts. 3. 1.187 the conversion of municipal buildings to residential use in the RM, CB and CLO districts. 4. 1.21 the creation of Rooming Units in the CB, CLO and CN districts. 5. 1.22 the creation of Accessory Apartments in the CB and CLO districts. 6. 1.23 the creation of Bed and Breakfast Homes in the RT, RM,RD, CN, CB, and CLO districts. 7. 1.24 General Home Occupation Uses with a maximum of one (1) employee other than an owner occupant and with a maximum of 4 customers per hour, as an average during the course of the business day, in all districts. 8. 1.25 Professional Office Home Occupation Uses with a maximum of one (1) employee other than an owner occupant, in all districts. 9. 6.14 Office Uses, Professional Services, in CN districts. 10. 6.15 Advertising/Editing, in CN and CB districts. 11. 6.16 Employment Agency and similar uses, in CN districts. 12. 6.17 Manufacturer's Representative and similar uses, in CN districts. 13. 6.18 Other Business and Administrative and similar uses, in CN districts. 14. 7.13 Professional and Business Services, Tailor, Dressmaker And Shoe Repair, in CLO districts. 15. 7.14 Real Estate Sales or Rental Office, in CS districts. 16. 7.18 Repair of Household Appliances, in CLO districts. 17. 7.28 Private Postal Service, in CB districts. b. Modifying 6.2, Development Standards for Offices (6.21 —6.26) and 7.3, Development Standards for Personal, Business Services (7.31 —7.32), provided that any negative impacts to the surrounding area can be feasibly mitigated. c. Modifying the standards in Table 2, Schedule Of Dimensional Controls, with regard to minimum: lot area; lot frontage; front, side and rear setbacks; maximum percentage of site coverage; and maximum height (stories). d. Modifying the standards in Section Five (5), Supplementary Use Regulations, sub-sections 5.2, 5.3, 5.4, 5.5 inclusive. e. Modifying the dimensional and intensity controls in Section Seven, 7.1 — 7.6, 7.9.1 and 7.9.2. f. Modifying the landscaping, transition and screening requirements in Section Ten, 10.3 - 10.8. g. Modifying the off-street parking and loading requirements in Section Eleven, 11.1 — 11.9, inclusive. 3. FINDINGS REQUIRED: In order to grant a special permit,the SPGA shall determine: a. that the uses authorized in 4.4.3. or the modification of standards and requirements authorized in 4.4.3 b. —g. are necessary to maintain the historic or architecturally significant building, structure or element on the site on which it was originally constructed or to relocate it back to such a site; b. that the proposed renovation, repair, adaptive reuse or removal preserves, to the maximum extent feasible,the historical and architectural features of the building, structure or element, said determination to be made by the SPGA; c. failure to grant the special permit is likely to result in inappropriate use or physical modification or pursuit of a demolition permit; and d. that the proposed use will not generate negative impacts to the surrounding area or zoning district or that any negative impacts generated may be feasibly mitigated. 3. CONTRIBUTORY LOTS For one or more lots that do not otherwise qualify under paragraph 4.4.2 above and are shown on a definitive site development plan submitted by an applicant, the SPGA may grant a special permit to modify: 1. the standards in Table 2, Schedule Of Dimensional Controls, 2. the standards in Section Five (5), Supplementary Use Regulations, (entire section, covering the special uses identified), 3. the dimensional and intensity controls in Section Seven, Dimensional Controls, 7.1 - 7.5, 4. the landscaping,transition and screening requirements in Section Ten, Landscaping, Transition and Screening Requirements (entire section), or 5. the off-street parking and loading requirements in Section Eleven, Off- Street Parking and Loading(entire section) provided the SPGA makes a finding that such modifications are necessary to make historic preservation feasible on another lot within the same development on which a historic element, as defined in subparagraph 4.4.2. is located. The use of one or more lots that do not otherwise qualify may apply to a conventional or cluster subdivision(see Section 9) or to a two lot subdivision qualifying for a frontage reduction (see subsection 7.4.5)." ARTICLE 5 ZONING BY-LAW,ADJUSTMENTS, SECTION 9, RESIDENTIAL DEVELOPMENTS The Planning Board is withdrawing this article. MOTION That this article be indefinitely postponed. ARTICLE 6 ZONING BY-LAW, TECHNICAL CORRECTIONS RECOMMENDATION: The Planning Board recommends that Article 6 be APPROVED. BACKGROUND: Every year the Planning Board submits an article which includes a number of amendments that: 1) correct omissions, typographical errors and cross references, 2) bring the wording of the By-Law into compliance with Chapter 40A, the Zoning Act, State Law, or court decisions, 3) clarify interpretations, 4) remedy oversights and loopholes, 5) group provisions dealing with a subject into one section, and 6) update obsolete provisions and revisions in the By-Law. It is not the intent of this article to make changes that affect the substantive meaning of the Zoning By-Law. This article is presented differently from the Planning Board report on other articles. The explanation (identified by the prefix Planning Board Explanation) of each of the proposed amendments, which are usually a separate part of the Planning Board's report on proposed amendments to the Zoning By-Law, are interspersed in the motion with the proposed amendments for easier Reference. The proposed amendments are identified by the prefix A-# in the motion that follows. MOTION That the Zoning By-Law be amended in various sections, as follows: Amendment Al by adding a new section 1.7 as follows: "1.7 HEADINGS Headings, subheadings and captions at the head of subsections and paragraphs are for reference only and are not substantive provisions of the Zoning By-Law. They are not legally adopted parts of the Zoning By-Law as voted by Town Meeting." Planning Board Explanation Al The Zoning By-Law includes section headings and captions to make it more readable. Headings are provided to help the reader identify what each section is about. The Planning Board estimates that about 75% of the sections in the Zoning By-Law already have headings. This amendment will give the Planning Board the authority to add captions where needed and modify existing captions to clarify them and provide better information to the reader. An example is: 7.3.1 MINIMUM LOT FRONTAGE REQUIRED Every lot shall have a minimum frontage on a street, as defined in 7.3.2 ACCESS An owner shall provide a means of access for 7.3.3 DESIGNATION OF FRONTAGE STREET When a lot is bounded by more than one street, 7.3.4 MEASUREMENT OF LOT FRONTAGE Frontage shall be measured in a continuous line along Introduction to Amendment A2 During the debate on Article 34, Technical Corrections, at the 1998 Annual Town Meeting, an amendment was made from the floor that had repercussions for other sections of the Zoning By-Law that were not covered by the amendment from the floor such as the calculation of the number of stories and the calculation of gross floor area and floor area ratio. This amendment compensates for the amendments made from the floor a year ago. Amendment A2 In Section 2, DEFINITIONS, in the definition STORY by deleting the words ".... but not including a cellar, a crawl space, ...." so that the definition, as amended, will read: STORY: That portion of a building contained between any floor and the floor or roof next above it [words deleted: but not including a cellar, a crawl space] or the uppermost portion so contained if under a sloping roof and not accessible, by an approved stairway, or not designed or intended for human occupancy. In Section 2, DEFINITIONS, in the definition CELLAR, by deleting the second sentence which reads: "A cellar shall have a floor-to-ceiling height of seven feet or greater." In Section 2, DEFINITIONS, in the definition CRAWL SPACE, by deleting the existing definition and inserting in place thereof the following: "CRAWL SPACE: A space under a building not designed or intended for human occupancy or use that provides access to the underside of the building and has a height between the ground or floor level of the crawl space and the underside of the floor above it of not more than four feet." In Section 7, Dimensional Controls, by striking out subparagraph 7.5.5 Parking Within Building in its entirety and by substituting in place thereof the following: "7.5.5 CALCULATION OF STORY" For the purposes of calculating the height of buildings in stories, a story shall not include: a cellar, a parking level, a crawl space or any other floor area not designed or intended for human occupancy provided its height is not more than four feet above the lower elevation as described in subparagraph 7.5.1.a. In the case of a sloping site, the height of such floor area above the lower elevation may be calculated using the procedure in subparagraph 7.5.3. Average Height Of Building. Where different parts of the space below the first floor would be classified as a crawl space, a cellar, or a basement, the number of stories shall be calculated as if the classification of space that comprises the greatest percentage of area covered the entire space below the first floor." Planning Board Explanation A2 As a result of the amendment made from the floor during the 1998 Town Meeting, there was confusion about the height of three types of spaces under a building—a basement, a cellar and a crawl space. The amendment stated that a crawl space may have a height of up to seven feet. That is an oxymoron for a crawl space. The definition proposed in this amendment states that a crawl space could not be more than four feet high and is not designed or intended for human occupancy or use. A potential effect of any amendment to the text of the Zoning By-Law made from the floor of the Town Meeting is that it can have effects that require detailed analysis and are not immediately apparent during debate. "Crawl space" is referred to in the definition of Gross Floor Area but is excluded from the calculation of Gross Floor Area and is excluded from the calculation of the number of"stories" in a building. One result of the amendment from the floor was to permit taller buildings. The reason is that, by definition, a cellar and a crawl space are not included in the determination of the number of stories. In the single family zoning districts the maximum number of stories is 2a. The new definition of crawl spaces means that the calculation of the number of stories could start at 6 or 7 feet above ground level and be measured 26. times above that level. There have been a few cases where builders have taken advantage of the new regulations to make buildings taller by treating the lowest level of the building as a crawl space. Another result is that a commercial building could gain more floor space. Crawl spaces are excluded from the calculation of both Gross Floor Area and Net Floor Area and, in turn, Floor Area Ratio. Under the current definition a crawl space could be up to seven feet high and could be a usable space while still being exempt from the Floor Area Ratio calculation. Yet another result is that the exclusion of crawl space from Gross Floor Area also effects the maximum allowable development in a cluster subdivision. Gross Floor Area is one of the five impact measures used in determining the maximum allowable development in a cluster subdivision. If this amendment is adopted the classification of spaces below the first floor will be: 1. Basement: a space that is partly below and partly above the level of the adjoining ground that has at least one-half of its floor-to-ceiling height above the average level of the adjoining ground. A basement may be high enough out of the ground and may be considered "habitable" if it has enough windows of the requisite size (as defined by the State Building Code). People are familiar with the idea of a walk-out basement in which part of the basement is at ground level and part is below the level of adjoining ground. A basement is included in the calculation of the number of stories. [The treatment of basements is unchanged by the proposed amendment.] 2. Cellar: a space in a building that is more below ground than above because it has more than one-half of its floor-to-ceiling height below the average level of the adjoining ground. A cellar will not have enough wall space for windows of the requisite size to be "habitable". A cellar is excluded from the calculation of the number of stories. A cellar is included in the calculation of gross floor area, net floor area and floor area ratio. 3. Crawl space: a space below a building that provides access to utilities and the underside of the floor above it. A crawl space may not be more than four feet high. A crawl space is not included in the calculation of the number of stories or in the calculation of gross floor area, net floor area and floor area ratio. With a maximum height of four feet, it is not considered usable. The proposed definition also removes any idea that a crawl space is similar to a basement or a cellar. It is a space used occasionally for access, not a space used on a regular basis. A basement may have large enough windows and enough of them to meet code requirements for a sleeping room. A cellar would not have large enough windows to qualify as a sleeping room. Both a basement and a cellar have a variety of uses, other than sleeping, such as recreation, storage, laundry, home office or entertainment and the like. Another area of potential confusion is the height of a cellar. Last year's amendment proposed that cellars have a height of seven feet or greater. That was intended to be the standard for new cellars. There are numerous existing cellars in Lexington that do not meet that standard. This proposed amendment does not state a height standard for cellars so that both existing and proposed cellars are covered by the By-Law. If a space has a height of greater than seven feet, it would be a basement, or it could be a cellar depending on the ground level outside. If it has a height of four feet or less it will be a crawl space. Spaces with a height between four feet and seven feet would be classified as a cellar. A newly created cellar is also subject to the height requirements of the State Building Code. Amendment A-3 In Section 2, Definitions, by deleting the definitions, TEMPORARY STRUCTURE and TEMPORARY USE, and by adding a new subsection 3.1.5 as follows: "3.1.5. PERMITS FOR TEMPORARY USES 3.1.5.1. TEMPORARY USE A building permit or certificate of occupancy may be granted for a temporary use where authorized by this By-Law. A special permit for a temporary use may be granted by the Special Permit Granting Authority or a permit for a temporary use may be issued by the Zoning Officer for a specific period of time that is consistent with the needs of the proposed use. No temporary use is permitted without a written permit for a time period prescribed by the SPGA or the Zoning Officer or as set forth in this By-Law. 3.1.5.2 TERMINOLOGY- TEMPORARY The term temporary use in this context shall mean use, operation or occupancy of a parcel of land, building or structure, off-street parking, a sign, or outdoor lighting where the intent and the nature of the installation is not permanent and -it will be removed 01 discontinued after the temporary use. A temporary use may be recurrent provided it is for a time period of not more than one month and the time between the issuance of permits for a recurrent temporary use is at least two months. 3.1.5.3 TIME PERIOD FOR A TEMPORARY USE The time period for which a permit for a temporary use is issued may vary depending on the needs of the proposed use. The maximum time period for uses permitted by right as provided elsewhere in this By-Law shall be two years. The maximum time period for which the Zoning Officer may issue a permit for a temporary use shall be three months. The maximum time period for which the Board of Appeals may grant a special permit for a temporary use shall be two years. The Board of Appeals or the Zoning Officer may disapprove the issuance of a permit for a temporary use if either the Board or the Zoning Officer determines that a permit for such use: a. has been issued previously for long periods of time, b. the use is recurrent for long periods of time, c. would have the effect of allowing a use that would not otherwise be permitted by Table 1, Permitted Uses, or d. is inconsistent with the purpose of the zoning district in which it is located, as described in paragraph 1.2.3., or with other specific purposes or objectives of zoning, as set forth in this By-Law. SWATUS DEVICE]+Ql etinnc I.Cnnt @PJL USTAT>3TIS T ., OF TIME PERIOD FOR A TEMPORARY USE The Board of Appeals may grant a special permit for a temporary use to be extended beyond the maximum time period specified above or elsewhere in this By-Law provided: a. only one such extension may be granted, b. the period of the extension is not more than one additional year, c. the Board of Appeals determines that granting the extension: 1. does not allow a use that would not otherwise be permitted by Table 1, Permitted Uses, and 2. is consistent with the purpose of the zoning district in which it is located, as described in paragraph 1.2.3., or with other specific purposes or objectives of zoning, as set forth in this By-law, and a. there is no relaxation during the period of the extension of the dimensional and other standards referred to in subparagraph 3.1.5.5. A permit for temporary uses that are permitted by right, as provided elsewhere in this By- Law, may be extended but only upon the granting of a special permit by the Board of Appeals. 3.1.5.5. RELAXATION OF DIMENSIONAL AND OTHER STANDARDS A permit for a temporary use, whether granted by the Zoning Officer or the SPGA, may authorize a temporary relaxation of the dimensional standards set forth in Table 2, Schedule of Dimensional Controls, where it can be demonstrated it is not feasible or practicable to comply with those standards. In the case where the installation of a temporary dwelling (see Table 1, line 1.17) or a temporary building incidental to the construction or reconstruction of a building (see Table 1, lines 5.21 and 16.12) would result in a greater floor area ratio or a percentage of site coverage greater than authorized by Table 2, the amount of floor space occupied shall not exceed the maximum floor area ratio for the district. A temporary use may not be required to comply with the standards in Section 10 for Landscaping, Transition and Screening or in Section 11, Off-Street Parking and Loading. Nothing in this subsection shall reduce the authority of the Board of Appeals to attach conditions and limitations, as described in paragraph 3.3.3., to its grant of a special permit. 3.1.5.6. APPEAL OF PERMIT FOR TEMPORARY USE GRANTED BY ZONING OFFICER An interested person who believes the permit for temporary use issued by the Zoning Officer is inconsistent with the purposes of the zoning district in which it is located, as described in subparagraph 1.2.3., or with other specific purposes or objectives of zoning, as set forth in this By-Law, may appeal the action of the Zoning Officer following the procedures set forth in subsection 3.2 of this By-Law." In 4.2 TABLE 1 PERMITTED USES AND DEVELOPMENT STANDARDS: a. In line 1.17 by deleting the words "..., to be erected for a period of not more than one year. ...." and ".....; may be located in a required yard setback if not Historic Homeowner Rehabilitating a Historic Home at National Trust for Historic Preser... Page 1 of 2 &,mow, F, v P ,�� _. _• Ma,�`-_ .,' - ':. ...maw ` ,�.,�� c a&?`��J� ..._. HISTORIC HOMEOWNER Rehabilitating a Historic _ a e The Nationa • Buying and Selling Rehabilitating and restoring an old building or house is an exciting challenge. Preservation Historic Properties many titles a Although the process can be difficult(not to mention expensive and time- houses.Rehabilitating a consuming),your hard work will be richly rewarded when you successfully houses.Just Historic Home complete your project. "Homes and P Y P 1 Neighborhoc ._,_.�..........._w_... ..,,. _.._.,_,.,.�,..,. Working with a Builder menu on the Keep in mind that you do not have to do it all yourself.There are professionals the Preser v; Financial Assistance home page. to assist you during each phase of your project: architects,architectural Protecting a Historic historians, landscape architects,contractors,suppliers, researchers, librarians, Home and preservationists. Great American Home Awards Also, be sure to visit the section on Protecting a Historic Home for information _.............._ National Register about topics like paint and insurance. information How Do I Start? Site Resources Before buying an older house,first determine the condition of the building by thoroughly inspecting it yourself or with a trained professional, such as an architect,structural engineer,or a building inspector with renovation experience. Join the National Trust (A local preservation organization can probably recommend an appropriate person). Carefully map out what you want to accomplish and budget how much Contact the National Trost money you can afford to spend. --- Help from the National In 1989, the National Trust's Preservation Magazine published an article on Trust 'What Every Restorer Should Know."Author Susan Morse included the The National Trust in Department of the Interior's"Ten Basic Principles for Sensitive Rehabilitation," Your State also known as the"Do's and Don'ts for First-Timers and Veterans." National Trust Home Page 1. Make every effort to use the building for its original purpose. 2. Do not destroy distinctive original features. 3. Recognize all buildings as products of their own time. 4. Recognize and respect changes that have taken place over time. 5. Treat sensitively distinctive stylistic features or examples of skilled craft work. 6. Repair rather than replace worn architectural features when possible. When replacement is necessary, new material should match the old in design, composition, and color. 7. Clean facades using the gentlest methods possible.Avoid sandblasting and other damaging methods. 8. Protect and preserve affected archeological resources. 9. Compatible contemporary alterations are acceptable if they do not destroy significant historical or architectural fabric. 10. Build new additions so they can be removed without impairing the underlying structure. http://www.nationaltrust.org/historic homeowner/rehabilitating/index.html 1/7/2004 Chapter 40.23.23 Purpose. Davis Municipal Code - City of Davis Page 1 of 1 -�S S il I ,,, , ,,,„. 0,- " City of D[ aC eltfornt City Manager's Office Home Human Resources Home Information Systems Home Job Opportunities Search Home Davis Murncipat Code Search Municipal Code Municipal Code Main Index Back to Chapter 40 Chapter 40 ZONING* 40.23.010 Purpose. The purpose of this article is to promote the general welfare by providing for the identification, enhancement, perpetuation, and use of historical resources including improvements, buildings, structures, ob.. features, sites, cultural landscapes, places, and areas within the city that reflect special elements of the city' architectural, archaeological, cultural, or aesthetic heritage for the following reasons: (a) To encourage public knowledge, understanding, appreciation, and use of the city's past; (b) To foster civic pride in the beauty and character of the city and in the accomplishments of its past; (c) To enhance the visual character of the city by encouraging new design and construction that complemei historical buildings; (d) To increase the economic benefits of historic preservation to the city and its inhabitants; (e) To protect property values within the city; (f) To identify as early as possible and resolve conflicts between the preservation of historical resources/c alternative land uses; and (g) To conserve valuable material and energy resources by ongoing use and maintenance of the existin natural environment. (Ord. No. 2124 Amended 05/21/2003; Ord. No. 1270, § 2 (part); Ord. No. 1784, § 1 (part) Chapter 40 Jump to- •1 Printer Friendly Version rigVia. t I 1 http://www.city.davis.ca.us/cmo/citycode/detail.cfm?p=40&q=1853 1/7/2004 Chapter 40.23.23 Applicability. Davis Municipal Code - City of Davis Page 1 of 1 1 �� o.� ' �` 1' t�''' city of D fl�f� l Search is City Manager's Office Home Human Resources Home Information Systems Home Job Opportunities Search Home Davis MLinicipat Code Search Municipal Code Municipal Code Main Index Back to Chapter.40 Chapter 40 ZONING* 40.23.020 Applicability. (a) The Historical Resources Management Ordinance shall be applied to the Davis Register of Historica (Landmarks, Merit Resources, and Historic Districts), as defined and designated by this article. (b) A property that has been designated a Historical Resource shall continue to be subject to all zoning ordi would apply to such property if it were not so designated or located. By designating Historical Resources the ■ shall not be construed to be repealing or waiving any other portion of the zoning ordinance of the city as it ap designated property. (Ord. No. 2124 Amended 05/21/2003; Ord. No. 1270, § 2 (part); Ord. No. 1784, § 1 (part) Chapter 40)--Jump to- .r Printer Friendly Version 1/7/2004 http://www.city.davis.ca.us/cmo/citycode/detail.cfin?p=40&q=l 854 Chapter 40.23.23 Definitions. Davis Municipal Code - City of Davis Page 1 of-3 c C ,` o Calif lei,. S _ City Manager's Office Home Human Resources Home Information Systems Home Job Opportunities Search Home Davis Municipal Search Municipal Code Municipal Code Main Index Back to Chapter 40 Chapter 40 ZONING* 40.23.030 Definitions. For the purpose of this article the following words shall have the meanings respectively ascribed to tf section. (a) "Alteration" means any exterior change or modification, through public or private action, of any historical resource which involves exterior changes to or modification of a structure, its surface text architectural details; new construction; relocation of structures onto, off of, or within a designated propert■ other changes to the property or site affecting the significant historical or architectural features of the historical resource. (b) "California Environmental Quality Act (CEQA)" means the California Public Resources Code Section 21000 its related guidelines as it may be amended. (c) "California Historical Building Code (CHBC)" means the most recent version of the California buildinc regulates alterations to qualified historic structures. The code provides alterative building regulatio rehabilitation, preservation, restoration or relocation of qualified resources. (d) "Certificate of Appropriateness" means a certificate whose issuance is approved by the Historicz Management Commission or upon appeal by the City Council and which authorizes its recipient to make sp approved exterior alterations to a Davis Register designated historical resource. (e) "Certified Local Government" (CLG) means a local government that has been certified by the National Parl carry out the purposes of the National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) a pursuant to Section 61 of Title 36 of the Code of Federal Regulations (CFR). (f) "Character defining-feature" means the architectural features of a building, structure, or object that help significance of the Historical Resource and which were present during the period of significance. (g) "Commission" means the Historical Reso>. rte Management Commission established pursuant to the pruv°ia article. (h) "Conservation Overlay Zoning District" Conservation overlay districts support planning policy stipulatin development and renovation of existing buildings should respect the traditional scale and character four defined area. Conservation Overlay Zoning Districts are designated under the Davis Zoning Code and are not the Davis Register of Historical Resources. However, individual buildings within a Conservation Overlay Dist designated Landmarks or Merit Resources. (i) "Cultural Landscape" means a geographic area (including both cultural and natural resources) associated wit event, activity, or person or exhibiting other mutually exclusive: historic sites, historic designed landscap vernacular landscapes, and ethnographic landscapes. (j) "Cultural Resources Inventory" means an inventory of properties surveyed using the State of California Del Parks and Recreation Survey forms. An inventory is an organized compilation of information about Historical RE (k) "Davis Register of Historical Resources" means the register of designated Landmarks. Merit Resources, Histc and District Contributors within the City of Davis. These resources meet the definition of a historical rest CEQA. Any alteration to these resources shall comply with the Secretary of the Interior's Standards for the Ti Historic Properties. (l) "Demolition" means for the purpose of this article, any act or failure to act that destroys, removes, or r whole or in part a historical resource such that its historic character and significance is materially altered. (m) "Demolition/ Relocation Certificate" means a certificate whose issuance is approved by the Historic. Management Commission or upon appeal by the City Council and which authorizes its recipient to demolish, relocate a designated historical resource. (n) "Design Guidelines" for the purposes of this ordinance means a set of standards guiding appropriate tr€ Historical Resources and appropriate new construction within or in the vicinity of a historic or conservation dis (o) "District Plan" means the documentation, planing, and guiding document for a designated Historic District E by the Historical Resource Management Commission in accordance with the provisions of this article. Di identify the district contributors and non-contributors to which these provisions apply. http://www.city.davis.ca.us/crno/citycode/detail.cfrn?p=40&q=1855 1/7/2004 Chapter 40.23.23 Definitions. Davis Municipal Code - City of Davis Page 2 of 3 (p) "Exterior Architectural Feature" means the architectural elements embodying style, design, general arrang components of all the outer surfaces of an improvement, including, but not limited to, the architectural st arrangement, massing, texture, painted and unpainted surfaces and materials. (q) "Historical Resource" means improvements, buildings, structures, objects, signs, features, sites, cultural places, areas, or other improvements of scientific, aesthetic, educational, cultural, archaeological, archil historical value to citizens of the City of Davis and designated as Landmarks, Merit Resources, or Historic Dist City Council pursuant to the provisions of this article. These designated resources comprise the Dais Register c Resources. (r) "Historic District" means a significant concentration, linkage, or continuity of sites, buildings, structures, united historically or aesthetically by plan or physical development. A district derives its importance from beii entity, even though it is often composed of a wide variety of resources. The identity of a Historic District resu interrelationship of its resources, which can convey a visual sense of the overall historic environmen arrangement of historically or functionally related properties. Designated Historic Districts are included Register of Historic Resources. Historic Districts can include Historical Resources that may be individually d€ Landmarks or Merit Resources. (s) "Historic District Boundary" means the definable geographic area that can be distinguished from surroundin by changes such as density, scale, type, age, style of sites„ buildings, structures, and objects, or by differences in patterns of historic development or associations. Historic or Conservation Overlay District boon be based upon a shared relationship among the properties constituting the district. (t) "Historic District Contributor" means a building, site, structure, object, or cultural landscape identified in District Plan that possesses sufficient integrity to add to the historic architectural qualities, historic ass( patterns for which a Historic District is significant. (u) "Historic District Non-Contributor" means a building, site, structure, object, or cultural landscape ident Historic District Plan that does not add to the historic architectural qualities, historic association or patterns Historic District is significant. (v) "Improvement" means any building, structure, place, fence, gate, landscaping, tree, wall, parking facili art, or other object constituting a physical feature of real property or any part of such feature. (w) "Integrity" means the ability of a historical resource to convey its significance. To be considered a historic a property mist not only be significant under the appropriate criteria, but it must also retain a majority of tl aspects of integrity including location, design, setting, materials, workmanship, feeling and association. (x) "Landmark" means buildings structures, objects, signs, features, sites, places, areas, cultural landscap improvements of the highest scientific, aesthetic, educational, cultural, archaeological, architectural, or hist to the citizens of the City of Davis and designated as such by the City Council pursuant to the provisions of th landmark is deemed to be so important to the historical and architectural fabric of the community that its to deemed a major loss to the community. Once designated, Landmarks are included in the Davis Register c Resources. Landmarks were formerly designated as "Outstanding Historical Resources." (Ord. 1784, 1995). (y) "Merit Resource" means buildings, structures, objects, signs, features, sites, places, areas, cultural tai other improvements with scientific, aesthetic, educational, cultural, archeological, architectural, or historic the citizens of the City of Davis and designated as such by the City Council pursuant to the provisions of the a designated, Merit Resources are included in the Davis Register. Merit Resources were formerly designate a! Resources." (Ord. 1784, 1995)> (z) "Minor Improvement Permit" means an over-the-counter- approval for Ordinary Maintenance and Repair features at or on Davis Register Resources. (aa) "Object" means those constructions that are distinguished from building and structures that are primaril nature or are relatively small in scale and simply constructed. Although they may be, by nature or desigr objects are associated with a specific setting or environment. (bb) "Ordinary maintenance and repair" means any work, for which a building permit is not required by law; purpose and effect of such work is to correct any deterioration of or damage to the exterior feature of any property or any part thereof and to restore the same, as nearly as may be practicable, to is condition F occurrence of such deterioration or damage. (cc) "Period of Significance" means the length of time that a property was associated with important events, a persons, or attained the characteristics that qualify it for designation. (dd) "Relocation" means the removal of a Historical Resource from its original site to a new site. (ee) "Secretary of the Interior's Standards for the Treatment of Historic Properties with guidelines fro rehabilitating, restoring and reconstruction historic buildings, as they may be amended," means the standards by the National Park Service and the Secretary of the Interior that guide treatment of historic properties (36 July 1995 Federal Register Vol. 60 No. 133). (ff) "State of California Department of Parks and Recreation (DPR) survey forms" means the current offic http://www.city.davis.ca.us/cmo/citycode/detail.cfm?p=40&q=1855 1/7/2004 Chapter 40.23.23 Definitions. Davis Municipal Code - City of Davis Page 3 of 3 California corms completed by either the Historic Preservation Commission or other interested individuals tf information about a Historical Resource. (Ord. No. 2124 Amended 05/21/2003; Ord. No. 1270, 5 2 (part); Ord. No. 1314, 5 1; Ord. No. 1784, § 1 (part).) Chapter 40 I -Jump to- Printer Friendly Version http://www.city.davis.ca.us/cmo/citycode/detail.cfm?p=40&q=1855 1/7/2004 Chapter 40.23.23 Historical Resources Management Commission. Davis Municipal Code ... Page 1 of 2 ri t�_ iii , , 4 # *1'., ;eft ,,,t, '1.!'.' "'i',,,,' '4"'"-- ' -` :" ,- , - - ,' ''' - ci*of ritivili ciattimati. " 4 - '' City Manager's Office Home Human Resources Home Information Systems Home Job Opportunities Search Home Davis n i. Code Search Municipal Code Municipal Code Main Index Back to Chapter 40 Chapter 40 ZONING* 40.23.040 Historical Resources Management Commission. (a) Established. A historical resources management commission of the city is hereby established. (b) Membership of Commission. The members of the commission shall include persons who have demonstrated special interest, competence, or knowledge in historic preservation, American studies, cultural anthropology, cultural geography, or of preservation-related discipline. Members may also include persons with professional qualifications in suc architecture, history, architectural history, prehistoric and historic archaeology, urban planning, law, r folklore, museum curation, conservation and landscape architecture or related disciplines, to the E professionals are available in the community. All members must have demonstrated interest in and knowlt cultural heritage of the city and shall be residents of the city. (c) Appointments of Members. The membership of the Historical Resources Management Commission shall consist of seven regular memb( alternate member appointed by the City Council. All such appointments shall be by vote of not less than tF members. The alternate member of the Historical Resources Management Commission shall vote only upon onE the following conditions: (1) Absence of one or more of the regular members of the Commission; or (2) Disqualification of a regular member of the Commission because of an expressed conflict of interest. (d) Term of Office of Members. Standards for terms of office of all members shall be as provided for in Section 2.16.020 of the Davi Municipal member shall serve at the pleasure of the City Council until his or her successor is appointed and qualified. I' including alternate, shall serve more than eight successive years. (e) Vacancy. Vacancies on the Commission, from whatever cause, shall be filled by the City Council by vote of not less council members. Time served to fill an unexpired portion of a term shall not be included in the eight-year lit forth in section 2.16.010 (d) (f) Automatic Termination of Appointment. The appointment of any member of the commission who has been absent from three consecutive regular meetings, without the prior approval of the Commission chairperson, shall automatically terminate. (g) Chairperson of the Commission. The commission shall elect a chairperson from its members, who shall hold office for one year, or until successor is elected, unless his or her term as a member of the commission expires sooner. The chairpers elected at the first meeting of the Commission after July 1st of each year. (h) Meetings of the Commission. The Commission shall establish a regular time and place of meeting and shall hold at least one regular meeting months. Special meetings of the commission may be called at any time by the chairperson, or by not more than three members of the Commission, upon personal notice being given to all members of the Commission. http://www.city.davis.ca.us/cmo/citycode/detail.cfm?p=40&q=1856 1/7/2004 Chapter 40.23.23 Historical Resources Management Commission. Davis Municipal Code ... Page 2 of 2 notice cannot be given, written notice must be mailed to all members at least twenty-four hours prior to sa unless said notice requirement is waived in writing by said member prior to the meeting or by being pre meeting. Meetings of the commission shall be held, and notice given, in conformance with California Goverr sections 54951.1--54961 (the Ralph M. Brown Act). (i) Organization and Procedure. The Commission may make and alter all rules and regulations governing its organization and procedure not with this article, the laws of the state of California, or any other ordinance of the city. Four of the seven me constitute a quorum. The affirmative vote of a majority of the members present and voting is required I action. The commission shall keep an accurate record of its proceedings and transactions and shall submi report to the City Council. (j) Professional Staff to the Historical Resources Management Commission . The Planning and Building Director shall appoint an officer or employee of the city who shall act as se professional staff to the Commission (Ord. No. 2124 Amended 05/21/2003; Ord. No. 2107, Amended 3/12/2003; Ord. No. 1270, § 2 (part); Ord. NI (part).) - Chapter 40 I Jump to- Printer Friendly Version http://www.city.davis.ca.us/cmo/citycode/detail.cfm?p=40&q=1856 1/7/2004 Chapter 40.23.23 Powers and duties. Davis Municipal Code - City of Davis Page 1 of 2 g a t • ig, .'' , I. tv04-' ', 64,'-' , ii rm g c } t City Manager's Office Home Human Resources Home Information Systems Home Job Opportunities Search Home Davis Municipa , Code Search Municipal Code Municipal Code Main Index Back to Chapter 40 Chapter 40 ZONING* 40.23.050 Powers and duties. The historical resources management commission shall have the following powers and duties under this artic (a) Act in an advisory capacity to the City Council in all matters pertaining to historical resources; (b) Maintain a local Cultural Resources Inventory of historical resources within the city; publicize periodically the inventory; (c) Work with city Historical Resources management Commission staff and the State Historic Preservatic administer the Certified Local Governemnt program; (d) Recommend the designation of all types of historical resources, as hereinafter provided: (e) Recommend standards to be adopted by the City Council, to be used by the Commission in the applications for certificate of appropriateness; (f) Hear and render judgment on applications for certificate of appropriateness, as hereinafter provided; deny issuance of certificate of appropriateness; (g) Hear and render judgment on applications for demolition certificate, as hereinafter provided; apprc issuance of demolition certificate; (h) Reveiw new construction, significant exterior renovations, and demolitions within the boundaries of Historic Districts; (i) Perform advisory reveiw of new construction, significant renovation projects, and demolitions within designated individual landmarks and merit resources; (j) Perform advisory reveiw of new construction, significant renovation projects, and demolitions witF conservation overlay districts. (k) Work with Commission staff and outside consultants as needed to develop policy documents for t conservation districts; (I) investigate and report to the City Council on the use of various federal, state, local, or private fund incentives and other mechanisms available to promote historical preservation in the city; (m) Reveiw and comment on the decisions and documents including environmental assessments under th, Environmental Quality Act, the National Environmental Policy Act, Section 106 of the National Historic Preset environmental impact reports, and environmental impact statements of other public agencies and private pr( such decisions or documents may affect any type of designated historical resources or potential historical reso city; (n) Cooperate with local, county, state, and federal governments in the pursuit of the objectives preservation and request and recieve any appropriate information from any city departments or commissions; , (o) Participate in, promote, and conduct public information, educational, and interpretive programs pertz types of historical resources; (p) Render advice and guidance upon the request of the property owner or occupant, on the restoration, decoration, landscaping, or maintenance of any designated historical resource; (q) Provide for adequate public participation in local historic preservation programs, including the recommending properties for nomination to the National Register of Historic Places and the California Historical Resources; (r) the Historical Resources Management Commission is hereby given the authority to delegate certain minor the Commission staff for any advisory reveiw and for Certificate of Appropriateness reveiw and approval for F Historical Resource Management Commission shall establish guidelines for such projects to be reveiwed by staff. Appeals of Commission staff decisions shall follow the procedures established in Article 40.39.0 of this ct (s) Perform and other functions that may be designated by resolution or motion of the City Council. (Ord. No. 2124 Amended 05/21/2003; Ord. No. 1270, 5 2 (part); Ord. No. 1784, § 1 (part).) Chapter 40 1- -Jump to- http://www.city.davis.ca.us/cmo/citycode/detail.cfm?p=40&q=1857 1/7/2004 Chapter 40.23.23 Davis Register of Historical Resources designation criteria. Davis Muni... Page 1 of 2 t* 4,0L 4, +pity*' !t't'k1dt +E." II'll?in tt City Manager's Office Home Human Resources Home Information Systems Home Job Opportunities Search Home Davis p Code Search Municipal Code Municipal Code Main Index Back to Chapter 40 Chapter 40 ZONING* 40.23.060 Davis Register of Historical Resources designation criteria. (a) Landmarks. Upon the recommendation of the Historical Resource Management Commission and appi City Council a Historical Resource may be designated a Landmark if the resource meets any of the following I at the local, state, or national level of significance and retains a high level of historic integrity as defined by tl (1) Associated with events that have made a significant contribution to the broad patterns in the histoi California, or the Nation; or (2) Associated with the lives of significant persons in the history of Davis, California, or the Nation; or (3) Embodies the distinctive characteristics of a type, period, architectural style or method of construct represent the work of a master designer; or that possess high artistic values; or that represents a sigr distinguishable entity whose components may lack individual distinction; or (4) Has yielded or may likely yield archaeological or anthropological information important in the study prehistory, or human culture. (b) Landmark factors to be considered. In determining whether to designate a resource a Landmark, th factors should be considered, if applicable: (1) A resource moved from its original location may be designated a Landmark if it is significant prim architectural value or it is one of the most important surviving structures associated with an important persor event. (2) A birthplace or grave may be designated a Landmark if it is that of a historical figure of outstanding within the history of Davis, the state or the nation and there are no there appropriate sites or resouri associated with his or her life or achievements. (3) A reconstructed building may be designated a Landmark if the reconstruction is historically accurate and sounds historical documeritatioc., is executed in a suitable environment, arid if ric other a ig real structure si has the same historical association. (4) A resource achieving significance within the past fifty (50) years may be designated a landmark if the re exceptional importance within the history of Davis, the state or the nation. (c) Merit Resources. Upon the recommendation of the Historical Resource Management Commission and app City Council a Historical Resource may be designated a Merit Resource if the resource meets one of the fol criteria at the local level of significance and possesses historic integrity as defined under this article: (1) Associated with events that have made a significant contribution to the broad patters in the history of Da (2) Associated with the lives of significant persons in the history of Davis; or (3) Embodies the distinctive characteristics of a type, period, architectural style or method of constructs represent the work of a master designer; or that possess high artistic values; or that represents a sigr distinguishable entity whose components may lack individual distinction; or (4) Has yielded or may likely yield archaeological or anthropological information important in the study prehistory, or human culture. (d) Merit Resources factors to be considered. In determining whether to designate a resource a Merit Re following factors should be considered, if applicable: (1) A resource moved from its original location may be designated a Merit Resource if it is signific architectural value or it an understanding of the associated important person or historic event has not been the relocation. (2) A birthplace or grave may be designated a Merit Resource if it is that of a historical figure of importance within the history of Davis and there are no other appropriate sites or resources directly associal or her life or achievements. (3) A reconstructed building may be designated a Merit Resource if the reconstruction is historically acct. based on sound historical documentation, is executed in a suitable environment, and if no other origins survives that has the same historical association. (4) A resource achieving significance within the past fifty (50) years may be designated a Merit Resourc http://www.city.davis.ca.us/cmo/citycode/detail.cfrn?p=40&q=185 8 1/7/2004 Chapter 40.23.23 Davis Register of Historical Resources designation criteria. Davis Muni... Page 2 of 2 exceptional importance within the history of Davis. (e) Historic Districts. Upon the recommendation of the Historical Resource Management Commission and app City Council a group of historical resources may be designated a Historic District if the district meets any of tt significance criteria: (1) Associated with events that have made a significant contribution to the broad patterns in the histoi California of the Nation; or (2) Associated with the lives of significant persons in the history of Davis, California or the Nation; or (3) Embodies the distinctive characteristics of a type, period, architectural style or method of constructs represent the work of a master designer; or that possess high artistic values; or that represents a sir distinguishable entity whose components may lack individual distinction; or (4) Has yielded or may likely yield archaeological or anthropological information important in the study prehistory, or human culture. (f) Historic District factors to be considered. In determining whether to designate a group of resources a District, the following factors should be considered, if applicable: (1) To be designated a historic District a grouping of historical resources must meet one of the above four cri local, state, or national level of significance and the majority of the Historic District contributors must ret integrity. The collective value of the district contributors may be greater than the individual resources within District; (2) A Historic District Plan shall be developed and reviewed by the Historical Resources Management simultaneously with designation. The Historic District Plan shall provide standards for review within tha district to ensure that new development, renovation, and rehabilitation are compatible and complemen prevalent character-defining features, architectural style, historic context, and design elements within t District; (3) The Historic District contributors are identified in the designation materials and the District Plan includin sites, structures, objects, or cultural landscapes that add to the historic architectural qualities, historic ass patterns for which a Historic District is significant and that are located within the district boundaries; (4) The Historic District non-contributors are identified in the designation materials and the District Pt buildings, sites, structures, objects and landscapes within the district boundaries that do not add to 1 architectural qualities, historic association or patterns for which the Historic District is significant; (5) The Historic District boundaries and period of significance are identified in the designation materi; District Plan (Ord. No. 2124 Amended 05/21/2003; Ord. No. 1270, § 2 (part); Ord. No. 1784, § 1 (part).) Chapter 40 l--Jump to Printer Friendly Version http://www.city.davis.ca.us/cmo/citycode/detai1.cfm?p=40&q=1858 1/7/2004 Chapter 40.23.23 Designation Process. Davis Municipal Code - City of Davis Page 1 of 2 i y ' r�ve . '0 * 14iy riC'v l s' City Manager's Office Home Human Resources Home Information Systems Home Job Opportunities Search Home Davis Municipal Code Search Municipal Code Municipal Code Main Index Back to Chapter 40 Chapter 40 ZONING* 40.23.070 Designation Process. Historical resources, outstanding historical resources, and historic districts shall be designated by the City C the recommendation of the Historical Resources Management Commission in the following manner: (a) Initiation of Designation Landmarks and Merit Resources. Designation of Landmarks and Merit Resources may be initiated by the Historical Resource Management Con- any resident of Davis, or by the owner of the property that is proposed for designation. All applicatic accompanied by adequate historical and architectural information such that the Commission can render z recommendation concerning the application. All applications for Landmarks and Merit Resources should incluc recent version of the appropriate State of California Department of Parks and Recreation (DPR) 523 A-L series completed according to the State's instructions for recording historical resources; current and historical pho available, of the resource(s); and current owner and parcel number. (b) Initiation of Designation of Historic Districts. Designation of Historic Districts may be initiated by the Historical Resource Management Commission, by any Davis, or by any property owner proposed for designation. All applications must be accompanied by adequai and architectural information such that the Commission can render an informed recommendation cony application All application should include the most recent version of the appropriate State of California Del Parks and Recreation (DPR) survey forms completed according to the State's instructions for recordin resources; current and historical photographs, if available, of the resource(s); current owner and parcel nur property within the district; a list of proposed contributors and non-contributors as well as a map identi resources and the ascribed boundary; and a district management plan developed in conjunction with Con-±FR with public input. (c) Public Hearing. The Commission shall schedule a public hearing on all proposed designations, whether origination with the Col with another party. The public hearing shall be held within forty-five days of the Planning and Building Direct of a complete application, except in the case of designations being considered for potential historical r provided for in Section 40.23.120 B of this article, in which case the hearing shall be held within thirty days o state law and city ordinance. Failure of owners to receive notice of such hearing shall in no way affect the val action taken. (d) Designation List. The Commission shall publish and transmit to all interested parties a list of proposed designations, and shall any relevant public information concerning the potential historical resources contained therein. (e) Stay of Work. While the Commission's public hearing on designation or the City Council's decision on an appeal of a de pending a stay of work shall be automatically in place. During the stay of work moratorium, any work that we a Certificate of Appropriateness or a Demolition Certificate if the improvement were already designated resource or if it were already located in a historic or conservation overlay district shall not be carried out. work will end upon the earlier of the Commission's decision to deny the proposed designation if no appeal City Council's decision to introduce an ordinance to approve in whole, in part or deny in its entirety th designation, or 90 calendar days from the date of commencement of the stay of work. (f) Landmark and Merit Resource Designation Notice of Public Hearing. Notice of such hearing shall be given as required by state taw and city ordinance. Failure of owners to recei■ http://www.city.davis.ca.us/cmo/citycode/detail.cfm?p=40&q=1859 1/7/2004 Chapter 40.23.23 Designation Process. Davis Municipal Code - City of Davis Page 2 of 2 such hearing shall in no way affect the validity of any action taken. The Commission and City Council may also notice as they may deem desirable and practicable. (g) Historic District Notice. Notice of such hearing shall be given as required by state law and city ordinance. Failure of owners to recei) such hearing shall in no way affect the validity of any action taken. Notices of the public hearing shall be least five highly visible locations within the Historic District boundaries. (h) Commission Recommendations. The Commission shall recommend approval in whole or in part or disapproval of the application for designatio to the City Council, setting forth the reasons for the decision. The recommendation will be submitted to after the public hearing, but in no event more than forty-five days of the Planning and Building Director's I complete application, except in the case of designations being considered for potential historical resources for in Section 40.23.120 B of this article, in which case the recommendation shall be submitted within th receipt of a complete application. (i) Approval of Commission's Recommendations. The City Council, within forty-five days of receipt of the Commission's recommendations in whole or in part, motion disapprove them in their entirety, except in the case of designations being considered for potenti; resources as provided for in Section 40/23/120 B of this article, in which case the City COuncil shall have th introduce an ordinance to approve in whole or in part or by motion disapprove in its entirety. If the City Coun■ a proposed designation, notice of the City COuncil's decision shall be sent to applicants and owners of a property. Notice shall also be sent to the building official and to the Commission staff. (j) Appeals process. Any failure by the Historical Resources Management Commission to recommend a designation, either by action of action, may be appealed to the City Council following the procedures established in Chapter 40, article 40._ (k) Amendment or Rescission. The Commission and the City Council may amend or rescind the designation of Landmarks, Merit Resourc Districts, list of Historic District Contributors and other elements Historic District Plans as deemed neces Commission and in the same manner and procedure as are followed for designation. (Ord. No. 2124 Amended 05/21/2003; Ord. No. 1270, § 2 (part); Ord. No. 1784, § 1 (part).) Chapter 40 -Jump to- �sl Printer Friendly Version http://www.city.davis.ca.us/cmo/citycode/detail.cfm?p=40&q=1859 1/7/2004 Chapter 40.23.23 Certificate of Appropriateness. Davis Municipal Code - City of Davis Page 1 of 1 R i li 1&, ';'1.:?....'," 1 a� c yaw City of leis g ti tom; City Manager's Office Home Human Resources Home Information Systems Home Job Opportunities Search Home Davis Municipal Code Search Municipal Code Municipal Code Main Index Back to Chapter 40 Chapter 40 ZONING* 40.23.080 Certificate of Appropriateness. (a) No exterior alterations shall be made by any person to any type of historical resource, including Landr Resources, and Historic District Contributors without a Certificate of Appropriateness approved by the Historic Management Commission or on appeal by the City Council, nor shall the building official or Planning Commissic permit to carry out such work on any type of designated historical resource without the prior issuance of a CF Appropriateness. (b) The Historial Resource Management Commission is hereby given the authority to delegate certain mir involving Davis Register resources to the Commission staff for reveiw and approval or denial. The Historica Management Commission shall establish guidelines for such projects to be reviewed by Commission staff. Apr staff decisions shall follow the procedures established in chapter 40, article 40.37. (Ord. No. 2124 Amended 05/21/2003; Ord. No. 1270, § 2 (part); Ord. No. 1375, § 1; Ord. No. 1784, § 1 (part)_) Chapter 40 Jump to Printer Friendly Version http://www.city.davis.ca.us/cmo/citycode/detail.cfm?p=40&q=1860 1/7/2004 Chapter 40.23.23 Certificate of Appropriateness Standards of Review. Davis Municipal C... Page 1 of 2 tvuio City Nn r' is : ci ' �+d�;I ,iniffernie City Manager's Office Home Human Resources Home Information Systems Home Job Opportunities Search Home Davis Municipal, Code Search Municipal Code Municipal Code Main Index Back to Chap - 40 Chapter 40 ZONING* 40.23.090 Certificate of Appropriateness Standards of Review. (a) The Historical Resource Management Commission shall promulgate and publish such standards as are r supplement the provisions of this article to inform property owners, tenants and the general public of those review by which applications for Certificates of Appropriateness are to be judged. Any such standards shall I_ by the City Council. In evaluation applications for Certificates of Appropriateness, the Commission or the upon appeal shall consider the architectural style, design, arrangement, massing, texture, painted anc surfaces, materials, and any other factors. The proposed work shall not adversely impact character-defining fr date to the resource's period of significance. (1) Landmarks. The Commission or the City Council upon appeal shall approve the issuance of a Certificate of Appropriater proposed work to a Landmark if it finds: (A) the proposed work does not result in substantial adverse change in the significance of the resource or character-defining features, and (B) the proposed project complies with the Secretary of the Interior's Standards for the Treatment Properties, and (C) the proposed work, if proposed for an individual Landmark located within the boundaries of a designates Conservation Overlay District, shall be consistent with, and supportive of the goals and policies of the adop Plan. (2) Merit Resources. The Commission or the City Council upon appeal shall approve the issuance of a Certificate of Appropriater proposed wcrk to a Merit Resource if it fins: (A) The proposed work does not result in substantial adverse change in the significance of the resource exterior character-defining features; and (B) The proposed project generally complies with the Secretary of the Interior's Standards for the Treatment Properties, and (C) The proposed work, if proposed for an individual Merit Resource located within the boundaries of a Historic or Conservation Overlay District, shall be consistent with, and supportive of the goals and policies of 1 District Plan. (3) Historic Districts. The Commission or the City Council upon appeal shall approve the issuance of a Certificate of Appropriater proposed work to a Historic District Contributor if it finds: (A) The proposed work does not result in a substantial adverse change on the significance of the resource exterior character defining features, nor a substantial adverse change on the character or historical, archi aesthetic interest or value of the Historic District as a whole; and (B) The proposed project generally complies with the Secretary of the Interior's Standards for the Treatment Properties; and (C) the proposed project is consistent with, and supportive of the goals and policies of the adopted District F (Ord. No. 2124 Amended 05/21/2003; Ord. No. 1270, § 2 (part); Ord. No. 1784, § 1 (part).) Chapter 40 I- -Jump to- - Printer Friendly Version http://www.city.davis.ca.us/cmo/citycode/detail.cfn?p=40&q=1861 1/7/2004 Chapter 40.23.23 Certificate of Appropriateness procedures. Davis Municipal Code - City... Page 1 of 2 i ' , , ' ii,‘ '. 14 :?,•' . ' ''' '-'7 '-‘1, I ' ...t. , ity e . . ice . c-i t.„ , * 1 :: h ... ` City Manager's Office Home Human Resources Home Information Systems Home Job Opportunities Search Home Davis f t Search Municipal Code Municipal Code Main Index Back to Chapter 40 Chapter 40 ZONING* 40.23.100 Certificate of Appropriateness procedures. (a) Filing of Application. Applications for a Certificate of Appropriateness for work to be performed on Landmarks, Merit Resources, District Contributors shall be filed with the Commission staff to the Commission for processing. Applications sr but not be limited to, photographs, plans, elevations, sections, renderings, materials information, and specii necessary to illustrate both the current or existing conditions and the proposed exterior alterations. Where the Commission, applications shall also show the relationship of the proposed work to the environs. In the ( construction in Historic Districts or on parcels containing designated Historic Resources, the new structure's to the surrounding established context shall be conveyed in the application including, but not limited to, he massing, set back, and materials. The application shall be accompanied by any other information that the determines is required for them to make an informed judgement of the proposed work according to the s review in section 40.23.090. (b) Administrative Approvals. The purpose of the administrative approval process is to allow efficient processing of routine or non- applications while providing sufficient opportunities for public review. (1) Applicability. The administrative approval process shall be applied when the Commission staff is authorized to approve an such as for minor modifications or site plan and architectural approval. The Commission staff shall determin the merits of the proposal, whether an application shall be approved administ;ativoty :L,r scheduled for a pu! before Historical Resources Management Commission. (2) Public Notice. Prior to taking action on an Administrative Approval, the Commission staff shall provide notice through a in owners of real property as shown on current property tax roles within a minimum of 300 feet of the subject F the discretion of the Commission staff, based on public interest in the project, the scope of notice, includi owner radius, may be expanded. (3) Comment period. The Commission staff shall provide a comment period of no less than ten calendar days prior to taking a, Administrative Approval, beginning on the date the public notices are mailed. The purpose of the comment enable the public to bring comments or questions to the attention of the Commission staff. If the Comrr receives substantive comments or information that establishes that the application should not b( administratively, the Commission staff shall either deny the application or, if requested by the applican submittal of the applicable fee, schedule a public hearing before the Historical Resources Management Cot consider the application. (4) Appeals to historical Resources Management Commission. Any determination of the Commission staff with respect to an Administrative Approval application may be app( Historical Resources Management Commission upon submittal to the city of an appeal application, accompa fee established by resolution of the City Council. In the absence of an appeal application being filed within tel the determination of the Commission staff, such determination is final. (c) Public Hearing. The staff to the Commission or the Historical Resource Management Commission shall set a public hearing to http://www.city.davis.ca.us/cmo/citycode/detail.cfm?p=40&q=1862 1/7/2004 Chapter 40.23.23 Certificate of Appropriateness procedures. Davis Municipal Code - City... Page 2 of 2 Certificate of Appropriateness application for all applications not eligible for Administrative review, or Commission staff or appealed in accordance with Administrative Review procedures as described above. hearing is scheduled before the Commission, it shall be held not more than sixty days from the date application has been received by the staff to the Commission. Notice of such hearing shall be given as requir law and city ordinance. Failure of owners to receive notice of such hearing shall in no way affect the vat' action taken. The Commission and City Council may also give other notice as they may deem desirable and pra (d) Action by Commission. Within sixty days of the filing of a complete application for a Certificate of Appropriateness, or thirty days of hearing, whichever is later, the Historical Resource Management Commission shall complete its review decision. In reaching its decision, the Commission may hold joint meetings or joint public hearings with commissions and may seek technical advice from outside its own members. The decision, the Commission shi upon the standards of review in section 40.23.090 and any additional standards recommended by the Corn approved by the City Council. The Commission shall approve and application, disapprove it, or approve it conditions, specified changes, or additions. Failure of the Commission to act upon any complete application days of its filing, or thirty days after public hearing, whichever applies, shall be deemed to be apps, application. The applicant requesting approval of proposed work shall be notified in writing in advance of t and notified of the action taken.The decision shall be in writing and shall state the reasons for the deci decision is to approve the application, with or without conditions, changes, or additions, the Ce Appropriateness shall be issued to the applicant by the Commission staff, and a copy shall be sent to the build The Certificate of Appropriateness shall not become effective until then days after the decision of the Con order to prohibit work beginning during the period in which an appeal may be filed. (Ord. No.2124 Amended 05/21/2003; Ord. No. 1270, § 2 (part); Ord. No. 1314, § 2; Ord. No. 1784, § 1 (part).) ....................._............ Chapter 40 1--Jump to Printer Friendly Version http://www.city.davis.ca.us/cmo/citycode/detail.cfm?p=40&q=1862 1/7/2004 Lnapter 40.23.23 Ordinary maintenance and repair. Davis Municipal Code - City of Davis Page 1 of 1 ik,,,- -4 ;r � f } - ........., .. ;21.., it. . . . . . City a Davis,California, tv City Manager's Office Home Human Resources Home Information Systems Home Job Opportunities Search Home Davis Municipal Code Search Municipal Code Municipal Code Main Index Back to Chapter 40 Chapter 40 ZONING* 40.23.110 Ordinary maintenance and repair. Nothing in this article shall be constructed to prevent the ordinary maintenance and repair of any exterio any structure or property covered by this article, so long as such maintenance and repair does not involve exterior design, material, or appearance. Commission staff is authorized to develop and implement a proced over-the-counter Minor Improvement Permits for all exterior ordinary maintenance and repair meeting description. (Ord. No. 2124 Amended 05/21/2003; Ord. No. 1270, § 2 (part); Ord. No. 1784, § 1 (part); Ord. No. 1890, § 1.) Chapter 40 --Jump to- Printer Friendly Version I http://www.city.davis.ca.us/cmo/citycodc/detail.cfin?p=40&q=1863 1/7/2004 Chapter 40.23.23 Demolition Certificate Davis Municipal Code - City of Davis Page 1 of 1 ie ` # 3 £ :, 3A J, :Manager's' i c d City 3 iri 8g 2 City Manager's Office Home Human Resources Home Information Systems Home Job Opportunities Search Home Davis Municipal code Search Municipal Code Municipal Code Main Index Back to Chapter 40 Chapter 40 ZONING* 40.23.120 Demolition Certificate (a) A Demolition Certificate is required for the demolition, removal, or relocation of Davis Register re, cultural landscapes designated as Landmarks, Merit Resources, and Historic District contributors under this ar city determines further environmental review under the California Environmental Quality Act is necessary t conducted independently of the designation review under this ordinance. (1) No demolition, removal, or relocation of a historical resource shall be made by any person to any type of Davis Register resources, without a Demolition Certificate approved by the Historical Resource Management or on appeal by the City Council, nor shall the City Building Official or City Planning Commission grant any pen out such action on any type of designated historical resource without the prior issuance of a Demolition Certifi (2) Relocation as alternative to demolition. Relocating a Merit Resource or Historic District Contributor acceptable alternative to demolition if the Commission can find that the relocation is compatible with character and use of the Historical Resource. The resource should retain its historic character-defining fe project should be in compliance with the Secretary of the Interior's Standards, and that the receivin appropriately zoned and sized for the resource. (3) A Site Management Plan as defined under the Chapter 8 of the City of Davis Municipal Code ar Commission approval of the replacement project at the site of the demolished, relocated, or removed resoun issued prior to issuance of the Demolition Certificate by the Historical Resource Management Commission. (4) The Commission shall take steps within the scope of its powers and duties as it determines are neces! preservation of both designated and non-designated resources. Such steps may include, but shall not be consultation with civic groups, public agencies, and interested citizens; recommendations for acquisition of potential historical resources. (b) The demolition of potential historical resources, those not previously d historical resources but identified in accordance with Section 8.18 of Chapter 8 (building), shall not oc re,,;,..,v; :;y ..;;rnmi sicri staff, utilizing expert resources as necessary, shaft evacuate the resource for its poteni criteria for historic significance as defined in this article and by the California Environmental Quality Act. If staff determines that further review by the Historical Resource Management Commission is warranted Commission staff shall provide the appropriate State of California Department of Parks and Recreation (DPR) s completed according to the State's instructions for recording historical resources; current and historical pho the resource(s) (if available); and the current owner and parcel number. The Commission will then consider V. significance of the structure using the criteria for designation of historical resources as defined by this article. (Ord. No. 2124 Amended 05/21/2003; Ord. No. 1270, 5 2 (part); Ord. No. 1784, § 1 (part).) Chapter 40 1- -Jump to- Printer Friendly Version r) http://www.city.davis.ca.us/cmo/citycode/detail.cfm?p=40&q=1864 1/7/2004 Chapter 40.23.23 Demolition Certificate Davis Municipal Code - City of Davis Page 1 of 1 Merrager's Office MIMS, It ha City Manager's Office Home Human uman Resources Home Information Systems Home Job Opportunities Search Home Davis Milnicipat Code Search Municipal Code Municipal Code Main Index Back to Cha ter 40 Chapter 40 ZONING* 40.23.120 Demolition Certificate (a) A Demolition Certificate is required for the demolition, removal, or relocation of Davis Register re cultural landscapes designated as Landmarks, Merit Resources, and Historic District contributors under this ar city determines further environmental review under the California Environmental Quality Act is necessary t conducted independently of the designation review under this ordinance. (1) No demolition, removal, or relocation of a historical resource shall be made by any person to any type of Davis Register resources, without a Demolition Certificate approved by the Historical Resource Management or on appeal by the City Council, nor shall the City Building Official or City Planning Commission grant any pen out such action on any type of designated historical resource without the prior issuance of a Demolition Certifi (2) Relocation as alternative to demolition. Relocating a Merit Resource or Historic District Contributor acceptable alternative to demolition if the Commission can find that the relocation is compatible with character and use of the Historical Resource. The resource should retain its historic character-defining fe project should be in compliance with the Secretary of the Interior's Standards, and that the receivin appropriately zoned and sized for the resource. (3) A Site Management Plan as defined under the Chapter 8 of the City of Davis Municipal Code ar Commission approval of the replacement project at the site of the demolished, relocated, or removed resour issued prior to issuance of the Demolition Certificate by the Historical Resource Management Commission. (4) The Commission shall take steps within the scope of its powers and duties as it determines are neces! preservation of both designated and non-designated resources. Such steps may include, but shall not be consultation with civic groups, public agencies, and interested citizens; recommendations for acquisition of potential historical resources. (b) The demolition of potential historical resources, those not previously d historical resources but identified in accordance with Section 8.18 of Chapter 8 (building), shall not oc review by Con nision staff, utiiizing expert resources as necessary, shall evaluate the resource for its potent criteria for historic significance as defined in this article and by the California Environmental ualit Q Y Act. If staff determines that further review by the Historical Resource Management Commission is warranted Commission staff shall provide the appropriate State of California Department artmen t of Parks completed according to the State's instructions for recording historical resources; currendt and historicDal phe the resource(s) (if available); and the current owner and parcel number. The Commission will then consider tf significance of the structure using the criteria for designation of historical resources as defined by this article. (Ord. No. 2124 Amended 05/21/2003; Ord. No. 1270, 5 2 (part); Ord. No. 1784, § 1 (part).) Chapter 40 -Jump to-- Printer Friendly Version http://www.city.davis.ca.us/cmo/citycode/detail.cfm?p=40&q=1864 1/7/2004 Chapter 40.23.23 Demolition Certificate Findings Davis Municipal Code - City of Davis Page 1 of 2 Cit ,,citiointottitcaufmtki, WO' y Manager $ ice City Manager's Office Home Human Resources Home Information Systems Home Job Opportunities Search Home Davis Municipal Code SearchMunicipgCode Municipal Code Main Index Back to Chapter 40 Chapter 40 ZONING* 40.23.130 Demolition Certificate Findings (a) The Historical Resource Management Commission shall review and make findings regarding the approp the demolition, relocation, or removal of all Davis Register historical resources. In all cases, demolition, re removal of historical resources shall be ties to a proposed project or site development as defined under Chap City of Ddvis Municipal Code. Wherever applicable, the relocation, or removal with such measures as arch photographs or measured drawings prior to these actions. (1) Landmarks. The Commission or the City Council upon appeal shall approve the issuance of a Demolition Certificate for a Landmark if it finds that any of the following conditions exist: (A) Unsafe or dangerous conditions in accordance with Section 40.23.170 of this article; or (B) Issues relating to hardship in accordance with Section 40.23.190 of this article; and (C) In the case where either condition (a) or (b) above has been found to exist, that the replacement consistent with and supportive of identified goals and policies of the General Plan or applicable or specific ar that the proposed action will not have a significant effect on the goals and purposes of this article or the pot€ is outweighed by significant benefits of the proposed replacement project; (2) Merit Resources. The Commission or the City COuncil upon appeal shall approve the issuance of a Demolition Certificate for a Merit Resource if it finds that any of the following conditions exist: (A) Unsafe or dangerous conditions in accordance with Section 40.23.170 of this article; (B) Issues relating to hardship in accordance with Section 40.23.190 of this article: (C) That in the case of relocating a designate Merit Resource the historic and architectural integrity and sig the resource would not be significantly impaired or its significance altered once relocated; or (D) That the replacement project is consistent with and supportive of identified goals and policies of the C or applicable or specific area plans and that the proposed action will not have a significant effect on th■ purposes of this article or the potential effect is outweighed by significant benefits of the proposed replaceme (3) Historic District Contributors. The Commission or the City COuncil upon appeal shall approve the issuance of a Demolition Certificate for a District Contributors if it finds any of the following conditions exist: (A) Unsafe or dangerous conditions in accordance with Section 40.23.170 of this article; (B) Issues relating to hardship in accordance with Section 40.23.190 of this article; (C) That in the case of relocating a designated District Contributor the historic and architectural in �+ significance of both the contributor and the entire district would not be significantly impaired; or (D) That the replacement project is consistent with and supportive of identified goats and policies of the C or applicable or specific area plans including the adopted District Plan and that the proposed action will significant effect on the goals and purposes of this article or the potential effect is outweighed by significant the proposed project; (4) Historic District Non-Contributors. The Commission or the City Council upon appeal shall approve the issuance of a Demolition Certificai contributors if it finds: (A) That the replacement project is consistent with and supportive of identified goats and policies of the G or applicable or specific area plans including the adopted District Plan. (Ord. No. 2124 Amended 05/21/2003; Ord. No. 1270, § 2 (part); Ord. No. 1784, § 1 (part).) http://www.city.davis.ca.us/cmo/citycode/detail.cfm?p=40&q=1865 1/7/2004