HomeMy WebLinkAboutOrdinance 1138 N.C.S. 05/20/1974INTRODUCED BY'COUNC-ILMAN SECONDED B COUNCILMAN
'AN ORDINANCE AMENDING ZONING ORDINANCE NO-,.' 1072 N.C.S.
BY ADDING AR'T'IC LE,17 TO PROVIDE FOR DESIGNATION,
PRESERVATION, AND CONTROL OF THE HISTORIC AND
CULTURAL ENVI90NMENT', AND SIGNTF.iCANT
LANDMARKS - AND DISTRICTS
THE CITY COUNCIL OF THE:CITY does ordain as
follows
Section 1. 'Zoning Ordinance No- 1,072 N.C.S. is hereby
amended by adding thereto Article 17 to read as follows:
ARTICLE 17
PRESERVATION OF THE CULTURAL
AND' HISTO.91C ENVIRONMENT
I
SECTION 17-100: PURPOSES - It is hereby fopnd. structures, sites'
and areas of special character or special historic, architectura
aesthetic interest or value have been and coritinue to be unnecessarily
destrbyed•'or impaired, despite the feas of preserving them. It
is further found that the public health,, safety, and welfare require
I tion, of needles� destruction and preven S i and promotion of
the economic utilizatibon and discouragement of the decay and desuetude
of such structures, - site and areas. 'The, purpose of this article is
to promote the health,, safety, and general welfare of the public
through:
9
17-101 The. protection, enhancement,, perpetuation, and use of
struct.tres, :sites, and areas that' are reminders of past
era.-s, events, and persons important - to local,, state; or
national history, or which provide, significant examples
of architectural styles of the pcis't or area laii dmark's
in the hi architec-ture, unique and
irreplaceable assets to, , the. City, a, its neighborhoods,
or which provide for this: and, ftiture.generations examples
of the physical. surround-Ings in which past. generations
lived.
17 - 10 2 he development and maintenance of appropriale settings�
'and, environment f or such sttilctures.
17-10.3. The enhancement of property.� values, the stabilization
of neighborhoods- and areas, of'the City, the ificrease,of
economic and financial. benefitz to the City and its in-
habitants, 'and the pi of tourist trade and
interest.
1 The enrichment of human.life in, its educational and,
cultural dimensions by serving aesthetic as well as
material needs and f ostering knowledge of the living
heritage of the past.
4/25/74.
SECTION 17-1200 POWERS AND DUTIES OF PLANNING COMMISSION AND HIS
.-AND CULTURAL,. RRESERVATION COMMITTEE - The Pla Commiss,,ion an
Historic a Cultural Preservat-ion Committee ha.vb the f
powers wers and duties in th..e execution of this section of the ;Zoning
.Ordinance:
1
17 The Planning CommIS
17;201,1 'Shall recommend to the. City Council., after public,
be.ar.ing, concerning designation of landtna and hi-s-
tori.c� districts*, as provide in Section 17-407.
t n „
17-2;01,2, . May 'e!s.ta_bli:sh ?t
' and maintain a list, of sttucut(E_�'s and.
ot her: - landmark's deservil official '.recognition .although
not designated. &t landmarks or historic districts, and
take appropriate measur.eZ. for recognition,,
1.7 -R202 The Historic and Cultural Preservation. Commattee:
17- :2x02.1 Shall. heat and :recommend to the Planning Cpmmiosion
pertit applications for construction., alteration.,
demolition and remedial. work on landmark sit
es' and in
historic districts', a.s provided in Section 17-a00.
17-2,02.,2` 'May ta steps to.. 'encourage :or bring 'about preservation
Of stru or other features, where the Historic and
Cultural. Preservation Committee recommended and, th
Planning Commission determined to suspend action, on a
permit application as provided in Section 17-556,6
17- 20:2.3, May, upon the xeequest of the property owner-, advise
with respect to any proposed wor ',no t requiring. a C-ity
permit on a designated landmark. site or In- a designated
historic distr. ct., Exampl.ep of the work re 'to
are Painting and .repainting of exter"i,or' suff e'
-acs,,,
roofing, fencing, landacaping, glazing, and inztalla-
tIon of lighting f'I Mures . I advising, the Historic
�s .- I
and 'Cultural Pre h
Preservation Committee shall be guided ' y
the pu�pos'es and'ztandardTs specified in this `arti;dle,.
This part, 17- does not impQs'e r.egul4tib
_ons, or
control's on any property.
17-2UI Both the PlannAng Commiss-Lon and the Historic and
Cultural Preservation Committee may consult with and
shall consider ideas and recommend•tions of re'cog- -
ni,zed,. Iiistoric preservation qrganIzations and, In cases
affecting commer property, the affected buainoss
community and obtain prof,essional advice aas: may be
deemed necessary.
SECTI 17-300 RECOGNIZED -HISTORIC: -PVESEkVATION ORGANIZATIONS
Rec. hizt.oric preservation or-(4anlzatdons are defined as reg'ilst-erea.
non-Ptofit organ compb8ed of citizens interested in hisi
preservation -:
SECTION 17-40,0 DESIGNATION BY ORDINANCE
•7"•01 The City Council, may by ordinance designate:
17- ' One, or more individual ztrucItures or oth t
er fea. ures, or
integrated groups, of structures and f eatures on one 'or
mor,'e lots or sites, having a special. character or
special hi'storical, architectural., or a interest
or value, as landma:rks, and "shall, de:silhate a landmark
site f or . I
r each, -andmark-
11-401.2 One or more re-sidential areas cohtaining a number of
structures having special.• character or - special historical
ax or aes-thetic interest, in value., and con:sti-
tuting distinct res.IdOntlal sections , of, the City, as
historic district.s.
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Ead.h des,igna.-ting ordinance sb a 1, -1 i nclude a description
of the char6tte ` 01- t. or historic.'dIS-
w I
trict h i ch j,usltify lts-lde�s`gnation, a ad a I ii st. , o f . a ny.
I- features, 1,n addition, to 'f eatu �s wh
part LcuIar fa
, e.,--., -1
would be affected by wdtkdescribed, in. Sectifon 17-
501; -; .l, .17- and 17- , 50 ' 1.3 tbat,are, t,0 be
and shal * I specify the location and boundaries of the
landmark site or historic district.,
17463 The property designated .,shall. be subject to the control
and standa-rd:t, contaLted''in this article, In addition,
the property shall be subject to the following further
controls and standards if , impo'sed' by the designating
ordinance::
17-403.1. For a publicly-owned l,a.n:dma.rk,, 'review of proposed
changes in major interior architectuxal features.
17-403.2 For a historic d"Istrict, sucb.further controls and
standards a:s',thlt City Council finds necessary or de-
sirable,- but, nct-1imited to facade, setback,
and helght controls.
17-404
The -City Council may axqpnd,.-or ,rescind 4 designation
only - j af ter Rla,nninq commission and Ci ty
by or
council bearing.s as required. for oT designations.
17-405
Initiation of d 'esign, . atlon : Initiation of designation
proceedi shall be by .1 r�soIUtion of the C t.y Council
or Planni_nq Commission, .or by-tbe�written application
of the propert y owners. Applications for designations
shall - be, filed with the 'Department of Community Develop-
ment upon form's prescribed by the Director of Community
Development-,, and sball be accoftipaxiied by all. data
required by thO.Plannlng Com,mll-11"S'Slon. An application
for des�igriatlon of a hi,stoY-,i_- d.1strict be subscribed
by or on behalf ;of at least tif�lty-one' percent, (510) 'of
the property owners in the proposed- district. The date
of in itiation i resolution is adopted or
n i -don . s the date the eso
a Valid. application is filed-
17-406
Procedure:: W-b,e- Planning 00mmisslon and City Council
hearings are . required., the proceedings for recommenda-
tion.- and for referral in cases where the City Council
does not follow the recommend'atlon, shall be the same
as those , . provided in Article, 2'7 for rezoning.
17 -4
Hea-ring by Planning Commission. The Planning Commission
shall, hold a public beax on the proposal, with
notice given.:, 'as provided for rezon in Sectlon, 27-
401.: Notice shall also ...be mailed to recognized historic
prese-rvatibn organi zati&ns-�,
17-40T 1
Action, and, time, limit,. The ',Planning Commission shall
bons the! degr of conf dr of the, proposed
desig1lation with the pux and standards of this
article, the Envdtonmental Design " Plans, - and. the. General
, "oft. sh 11 approve�, approve
Plan. " The Planning Commls 1,
with mod it,ications., or- disapprove, the proposal within,
hund twenty e, initiation of
one hundr (12 days after th
designation proceedinga,
17-407.2
Notice of action The. Plabning commis,sion shall prom tl
notify - 'the applicant 'of action taken, If. the Planning
Commission , approves or mod. f i e s the proposed designation
in whole or in, part, it shall, transmit the proposal,
tog&tber with'a copy of the resolution of approval to
the t Y Council.
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17-408 Designation by City Council:': The city Council shall
hold a, public. hearing concerning the designation.
Notice of time and -place of the heari 5hq be given
in the time and. manner provided for-, tb& giving of
no tice hing by the Cor6mls,sion., The City
-t - 'ice - of the' - ear L
cobnpd.i may deny, ap prove, or modify and approve the
designation;
17"40'9 Notice rof des -J.Qn by City Couno'll: When-a landmark
- it
or blt
l ,:soric d1s�trict. baz been desiqnated. by' the i C - y
Council,, the C,,it,y !CIe-,r promptly notif the
owners of the ptopertly, I.ncluded therein.. The City
Clerk shall ca-use a copy of the designating ordinance,
rec
o -ord.e�d in the, office of the
x: notice thereof to be :
County Rec-o-rder.
1 7 - 41' 0 , Con'f'ormity required :, Construction, alterat-ion, derrfoli-
tion or' remo.9al. work for. which a City peripit i's required
is prohibited on. .a designated landmark site or in a
de s ig na ted - Ited historic unle'ss reviewed by the
s.
liistor-ic' • and Cul'tural - Vres:ervat,lon Committee and approval
by the Planning -Commission has. been granted as provided
in Section 17-5'H or unless the work conforms with the
pkovislons of Section 17-.602•.
10
S TO: C
M
17-501 Permit required.: No person shall do an work listed
below withoilt. first. obtaining review by the 8istoric
and Cultural Preservation''.Cbm and grant of a
permit from the -R.Ianming Commission:
17- Exterior alteration to a designated. l
17"501.2 Interior altetations - that would affect, the exterior of
a designated landmark,.
17 Construction of any type on, a landmark site or within a
hiketor-ic. �district unless excepted by 'the designating'
ordinance, or-' of a. type, which does not affect the
eXterior appearanc& of the site,, district, Or any
structure on the site or in the dist-rict.
,17 - 5 D2 ApplicatIon for pertilit:• The Departni=-mt. of Community
D,evelopme shall Mai-.,n,tai,n a current record of design --
n-at,ed...Ia�n�dm(3. h,i,sto.r,ic.d.ist�x- and such, .
shall be ref erred to by the, Building Inspection 'Division.
before iszuance, of permitai, Applications for permits
to do work for which a permit as requited, by' ;S ection
17-501 s be'zubmitted to the Department of Community
Devblopimebt fox PrOcessIng. Applica shall include
plans and• i3pec.i,Uica showing. theC-1propased.- exterior
appearance, color, aKd texture' of mater,ials, and the
proposed. ardbitectural des-ign of the exterior of the
structure.. Where AteqUir-`e!d by th'e. - Historic and Cultural
Preservation 'Committee,, applicatioln'a shall, a,lso show
the re.,Iat lon- Ship -.of the proposed work to the environs
If fhe.' aPIPli(jat-d"o.n does: not pr1ovidie suffIc"Ient information
fbr review. by the Historic And
Cbm-mlt:t the Department of COmmUnity Development
S 411, . request the omitted in - fr o m rom the applicant,
and the 4ppj.Jcant shall, aupply - it.,
17-:50 Piocedure: Wbefe,Hi.sto,tIc and Gultural Pres
Committee recommend,ation and Commizz
hearings are provided, for by' this art.Ic-Ie, the proceedings
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or other features of the property which is the subject
of the app";l.icati.on, 'nor adversely affect its rela-
tionship in t'e;rms ,o.f harmony" and appropriateness with
its surroundings, including nei.ghbor.ing structures, "nor
adversely affect the character, or the historical,
architectural or aesthetic interest or value of the
district ...
I:.n any event, app�Acat.io.ns shall not .be granted for
work wh:idh violates standards' i.n.clud:ed in the desig-
nating ordinance.
17 -508 Show of hardship in cases of proposed alterations,
demolition, or c.onstructi, :on : If the applicant presents
facts clea:r,ly demonstrating to the satisfaction of the
Historic and Cultural Preservation Committee and Plan -
n;ing,,Gommission. that fai:l�u:re to approve his application
wi:l1 wor]c immediate and substantial, hardship because of
conditions pe.cul a , to 'the particular : structure or
j other feature involved and not: created by an act of the
owner, . the. Commission may approve . such application even
t.hou,gh it does' not .meet the' standard's set forth in
either t enabling or designatordinance. ordinance. In this
context, personal, family or finan,c:ial diffi.culti.es,
loss of prospective profits and neighboring violations
are 'not j ust if iabl.e hardships
SECTION 17 -600 APPL ICABILITY AND ENFORCEMENT
17 -601 Applicability:
17 -601.1 No app:l.icat.ion for a permit to construct, alter, demolish
or remove any structure or other feature on a proposed
landmark site or in a proposed historic district, filed
subsequent to th e date.. of Initiation of proceedings to
de'sign:ate the landmark. site or historic district, shall
be approved while the. proceedings are pending; provided,
however, that. if final action on the. designation has
not been c:o;mp.leted - one hundred eighty (180) days after
initiation of designation proceedings, the permit
application may be approved
17- 601.2 The provisions o�f this a.:rtible' shall be inapplicable . to
the c,onst:ructi.on, alteration demolition, or removal of
any st.ruCture or other feature on: a. landmark site or in
a: h,s.to,ric district, where a permit for the performance
of . such. work, was °.issued prior to i nitiation of pro-
ceedings-'for designation of the landmark site or historic
district.' and where such pe 'rmit has not expired or been
cancelled or revoked , prrovided that. construction
.is
started and diligently prosecuted to completion in
a:ccord:an.ce. w.it.h the' Building .Code..
l'7 - 602 Uhsafe or` dangerous conditions: None of the prov:i.sions
of this article shall prevppt any measures of- construc-
tion, alteration, or demold.tion necessary to correct
the uns,a.fe o dangerous condition of' any` structure,
other feature, or part the'r'eof. 'where such condition
has been declared unsaf e or dangerou,s by the Chief
Building Vnspect:
,or or the F`,a..re`-Chief, and where the
proposed measures have been declar °ed necessary by such
official to correct. the said co.nd,ition,; . provided,
howe�re'r, , that only such work as is' absolutely necessary
to correct the unsafe or dangerous, condition and as is
done with due regard f or prese.rvati,on. of the appearance
of the structure involved. may be- performed pursuant to
this sect.i,on.;. In the event any :st.ruc.tu':re or other
i
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for action, r`eferral and appeal shall be, the same as
those provided in Article 26 for conditional use
permits.
17 -504 Hearing by Planning Commission.: The Planning Commis-
sion. shall hold a public .hearing on the application.
Notice of such bearing is to be given as .required for
conditional, use permits in, Section, 26 -50.4 and in writing
to recognized bisto:rl,cal preservation o.rganA.
17 -5.05 Dec.is;ion -- -t .me limitation:. The .H:ist.or.ic and Cultural
Preservation, Committee and Planning Commission shall
consider any report from recognized historic preserva-
tion organizations and :in cases affecting commercial.
property, the affected :bu.sIness community, and sha1:1
ascertain ? b'ethe;r the. proposed, work conforms to this
article and. with the provisions of the designating
ordinance'. The Hist oric and C ult ural P reservation
Comm:it:tee shall recommend. and the Planning Commission
shall approve.,. suspend, or disapprove the application
within one .hu'.n&red twenty (120) days after the filing of
a, complete 'applica�tl.on with, the Department of Community
Development.'
17 -506 Suspended. action: To obtain: sufficient time for step's
necessary to preserve the structure, site, or area con-
cerne.d, the Historic and, Cultural Prese.rvati.06 Committee
may recommend and the. Planning Comm.ission�.,m °ay suspend.
action 'on. an application to permit. * construction, altera-
tion, demolition or :removal fox a period not to exceed
one hundred eighty (180) days. The Council may, by
resolution, extend the' suspension. for am additional
period not to exceed one hundred. eighty (180) dayis if
the resolution is� adopted. not .more than. ninety (90)
days a.nd,� not less than thirty (30 days prior. to the
exp iration of' ar:igi.n.a 1 one hiin.dire.d. e:x.ghty (18 0) day,
period. During the su.spe.nsion period., the Historic 'and
Cultural Preservation Committee` may consult with, recog
nifed h;ist.or:ic prese.:rvatib,n organizations and other
c,ivic: groups, public agencies, and interested citizens;
make ..recommendations fbr acquis;it,ioh of property by
public or private bodies or agencies, explore the
pos,s- ibility of moving one or moue structures or other
.features, and take any other reasonable. measures. , if
at the e.xpir°at:i.o.n of the suspension period no affirmative
act,,ion.. has been ta.k:en . by: the City Cou,nc: 1. ;or Planning
Commission at the recommendation of the H: i:storic and
Cul.t.ur.a:.l - .P.rese.r \..ra.ti,on Committee, the application shall
be processed. withop.t further delay.
,17 -5,07 Stand'ard:s� for review: In. eVal:ua:t..in:g applications, the
Historic and C.ultu,ral.. Preservation Committee and Plan-
ning Commission shall consIde:r the architectural style,
design, arra.n.geme,n t texture', materials, and color, and
any other pertinent factors, Applications shall not be
g.rapt.ed unless:
17- 587.1. On landmark. sates,• the proposed work will n.e:it.her
adversely affect the exterlo:r a.rc character-
istics or other features of the, .'landmark, and, where
Specified in. the designating ordinance• for a publicly -
oWn:ed ;l,a. dma:rk, its major in:terlo:c axch:i:.tectural. featurds.,
nor adversely affect the character or h:istor,ical,
architectural or aesthetic interest or value of the
landmark' and its site.
17 In historic districts,, the proposed work will neither
adversely affect the exterior architectural characteristics
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4/25/74
feature shall
by act of God
the aforesaid
and restored,
normal permit
be..damag,ed by fire, o.r, other calamity, or
to such an extent that In the opinion of.
officials z.t, cannot be reasonably repaired
It may be :removed in conformity with
procedures and appl-icable laws.
17 -603 Duty to keep in good repair: The owner, lessee, and
other person in actual, charge or possession of a land-
mark, or of a structure in a historic district, shall
keep in good repair all. of the exterior portions of such
landmark or structure., all of the interior portions
thereof when subject to control as specified in the
designating, ordinance, and all. interior portions thereof
whose maintenance is necessary to prevent deterioration
and decay of any exterior portion.
17 -604 Filing fees: There shall be no filing fees beyond those
required by other s:e.ctlons of the City Code for any
application., or to commence any proceedings, under this
article*
lJ 605 Methods of enforcement: This section shall be enforced
in accordance with the p.r'ovisions of Sections 28 -100 and
28 -2.00 of the Zoning Ordinance and Section 1.08.010 of
the Petaluma Municipal Code dated January, 1972. The
Director of Community Development shall have the auth-
ority to implement: the enforcement thereof by serving
notice requiring the :removal of any violation of this
article upon the owner, . agent, tenant., or occupant of
the building or land, or upon the architect, builder,
contractor, or other person who commits or assists in
any such violation.
Section 2. If any section, subsection, paragraph, subpara-
graph, sentence, clause or phrase of this ordinance is for any reason
held to, be invalid or unconstitutional, such invalidity or unconstitu-
tionality shall not affect, the val.idlty or constitutionality of the
remaining portions of this ordinance; and the City Council of the
City does `hereby expressly declare that this ordinance and each sec-
tion, subsection, paragraph, subparagraph., sentence, clause and phrase
thereof would have been adopted irrespective of the .fact that any one
or morelof such sections,, °subsections, paragraphs, subparagraphs, sen-
t tences, clauses or phrases be declared invalid or unconstitutional..
Section 3 . Th.e City Clerk be, and she is hereby directed to
p/publ,ish this ordinance for the period and in the manner required
by the City Ch.arte.r.
ORDERED )00000W PUBLISH.ED this 6th day of May , 1974
AYES: Councilmen Brunner, Cavanagh; Jr., Daly, Harberson,
Ma:ttei, Perry, Jr., and Mayor Putnam.
NOES: None.
ABSENT: None.
1 ATTEST:;
City Clerk
i
Mayor
ADOPTED this day
of o 1974.
I hereby certify that the within ordinance was .published in full once" in the Petaluma Argus Courier, a daily paper of
general circulation, published within the City of Petaluma, to -wit ....................... May 11 19 7 4
and that the said Petaluma Argus•Courier is the official newspaper of the City of Petaluma.
w
I hereby certify that the whole number of members of the Council of the City of Petaluma is seven, and that the
foregoing ordinance was passed by the Council at its meeting of.... O tYl day of ................ .
i
19.2.4., by the following vote, to -wit:
Brunner. Harberson
AYES: COUNCILMAN ............:..:............•---..._. ......:......_.........._...... COUNCILMAN: ...._......... ..............................:
AYES: .COUNCILMAN .....:..........Cavanagh, Jr. Perry, Jr.
.......... COUNCILMAN: ................ .. ...... .........................
AYES: COUNCILMAN .......... ...... Daly
............ ....................................... COU,NCILMAN: ............ ..............................................
MAYOR .
.:.................:.:.:.. Putnam. ......_.........._.............
NOES: ................... : None .
....................................... ...............................
ABSENT: ... COUncil .. n- Matte
r ................... .
ATTEST!.. -e' ...... .... ....:... ................................. .. ................
(SEAL) ; F CITY CLERK
• The foregoing Ordinance Number ...... N
Charter Series, having been regularly passed and presented to me
20th Ma 74 20th
this .:...: ......... day of .._ y............................, 19 :.,:....., is hereby approved' by me this. ............day
of ......................: May 7 4 J e 19 , 1974
................:.............. ........ ....................... 19.......... Effective date........_.......... ...............................
CC -7 -6/64 .. .... ............ .. ^✓4✓ j �• . .. .............
MAYOR