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HomeMy WebLinkAbout02022021 Planning & Zoning / HPC Joint Work Session PacketPlanning and Zoning & Historic Preservation Commission Joint Work Session Review Seward's Historic District and Possible Ways to Update Code uIM Nod" "" "" I-J� JEFFERSON ST. ui d 2 LL IN{TON ST. February 2, 2021 6:00 PM — Virtual Meeting Page 1 of 29 What is historic zoning or historic district overlay zoning? Where historic district design review is established through the zoning ordinance, it is often referred to as historic zoning or historic district overlay zoning. An overlay zone is an additional layer of regulations for a particular area which is la id atop the underlying or base zoning regulations. There are many different kinds of overlay zones including those that establish additional controls on development in areas subject to airport noise, or those that promote downtown retail development. The base zoning provisions, which relate to use and density, continue to be administered by the zoning authorities. The regulations contained in the historic overlay zone are administered by a design review board or historic preservation commission. Should historic zoning or design review regulations and base zoning be coordinated? Regardless of whether or not design review in historic districts is called historic zoning or it is implemented through an independent process, it is essential that preservation regulations, such as historic district design review, and zoning be coordinated. Where there is no coordination the preservation regulations which seek to preserve and protect the integrity of historic neighborhoods may be working at cross-purposes with the zoning ordinance, the goal of which could well beto attract high density new development. How can preservation regulations and zoning becoordinated? Coordination can take place in a variety of ways. One way is to arrange for regular meetings between members of the zoning board and thepreservation commission or to have a member of the zoning board also serve on the preservation commission. Interact ion between the staff of both groups is also important. A number of zoning ordinances provide a degree of coordination by allowing the historic district commission or design review board to review and make recommendations on all use permits, variances, rezoning requests, and zoning text amendment applications within the historic district. Where preservation and zoning are separate, an ideal solution is to include a clause in each ordinance stating that where there are conflicts, the preservation ordinance takes precedence. Alternatively, the zoning ordinance might have a provision stating that there is a presumption against developments, re -zonings, and variances that harm individual landmarks or historic districts. In addition, successful preservation commissions build in the opportunity to comment on any zoning issues that may affect historic properties and have the authority to recommend a suspension of certain zoning requirements that hamper preservation. What are the typical problems that result from a lack of coordination between preservation regulations and zoning rules? Zoning Incompatible with Current use. The most typical problems arise because the current and historical uses in an area do not match the current zoning designation. Often a historic residential neighborhood may be zoned for retail, office, or industrial uses. The pressure to convert to one of these uses can result in the demolition or inappropriate remodeling of historic residences. Page 2 of 29 Density. A related conflict between zoning and preservation is density. In many cases, the current and traditional uses in a historic district may be of the same type as that contained in the zoning, but the historic uses may be at a much lower density. This is frequently the case in older commercial districts where historic commercial buildings are an average of two or three stories in height but the zoning allows much taller buildings. The greater economic return generated by larger buildings creates pressure to demolish or to build incompatible and disproportionately large additions to smaller historic buildings. Residential areas zoned for densities much higher than those represented by the existing buildings frequently suffer from disinvestment, since owners of the existing houses are reluctant to maintain them without any assurance that a large apartment building will not be built on a neighboring property. Lot Sizes. Minimum lot sizes can also be a source of problems. For example, the 1950s zoning in a Virginia town encouraged redevelopment of older, so-called "obsolete," residential neighborhoods close to the downtown. The zoning enlarged the minimum lot size beyond the traditional size (small urban lots) in order to redevelop the district in a manner similar to a large lot suburban neighborhood. Redevelopment did not take place as planned, and years later the area became desirable as a historic residential neighborhood. Property owners, however, were prevented from building compatible infill houses on traditionally -sized vacant lots by the 1950s zoning which required large lots. The inability to develop the vacant lots hampered the revitalization of the neighborhood. The converse situation can also work against preservation. In historic areas where houses were traditionally built on large lots, current zoning or subdivision regulations may allow new dwellings to be wedged between historic houses on newly subdivided lots much smaller than those of the surrounding houses. Off -Street Parking. Finally, preservation regulations and zoning rules often appear to be working at cross purposes in regard to off-street parking requirements. Typically, modern zoning requires a greater number of off-street spaces than can be easily accommodated on a small historic lot. As a result, the property owner rehabilitating a historic building or constructing a compatible infill building in a historic district often faces the dilemma of either demolishing an adjacent historic building to provide enough space for the required parking or abandoning the project altogether. Neither of these results is a favorable preservation outcome. Each of the problems discussed above can be resolved by changing the existing zoning. However, prior to considering solutions to individual problems it is advisable to take a comprehensive look at zoning and preservation conflicts throughout a community. What steps should a community take to study the effect of zoning on the protection of historic properties in the area? A logical place to begin studying the relationship between zoning and preservation in a community is to compile a single map showing both the boundaries of historic districts (or potential historic districts) and individual landmarks and the boundaries of the various zoning districts that affect the same area. This type of map clearly illustrates what zoning designations apply in areas of historic interest. At this point the text of the zoning ordinance should be analyzed to determine the requirements for each zoning district and whether or not they support or conflict with the preservation and revitalization of the historic properties or areas. Page 3 of 29 The following questions provide a starting point for an analysis of this sort: • Are historic residential neighborhoods with single-family houses zoned for single-family residential or other compatible uses? • Do lot sizes and the building setback requirements from the front lot line match historic patterns? • Do separate zoning districts with widely divergent regulations (one for high -density commercial use, single-family residential use, for example) divide historic neighborhood? • Does the zoning for areas immediately surrounding a historic district provide an adequate buffer against development that would have a negative impact on the historic area? • Do commercial zones allow much taller and larger buildings than currently exist in the historic district? • Do commercial zones permit automobile -oriented commercial uses, such as drive - through facilities or those with large parking lots, that conflict with the traditional street - front and pedestrian orientation of historic commercial buildings? • Does the zoning require so many off-street parking spaces that it hampers the rehabilitation of historic buildings or the construction of new infill buildings? If an analysis of zoning designations in historic districts reveals situations of the kind mentioned above, the next step is to examine the zoning ordinance to determine what, if any, existing zoning classifications might be more appropriate, or if it is necessary to amend the zoning in other ways. What kinds of amendments should be considered to make the zoning in historic districts more responsive to preservation concerns? Amendments might involve shifting the boundaries between adjacent zones or substituting one classification for another, such as changing from an inappropriate low -density residential designation to a more appropriate medium -density residential one. The existing zoning ordinance, however, may not include classifications that are entirely appropriate for historic districts. In such cases, a particular requirement may have to be changed. If, for instance, the required minimum lot size in a particular single-family residential zone is too large and discourages infill construction and rehabilitation, changing this regulation to allow smaller lot sizes may be required. Or, if parking requirements are such that it is difficult to rehabilitate buildings in historic areas, then the number of required parking spaces should be reduced. Another option would be to draft an entirely new zoning classification with requirements tailored to the specific needs of a historic district. Zoning classifications that apply only to particular areas of a community are known as special purpose districts or special use districts. Cities have enacted these not only for historic districts but also for other areas of the city with specialized uses or needs such as ethnic neighborhoods or areas with large institutions (hospitals, universities, etc.). Page 4 of 29 Bonus or incentive zoning has also been used to encourage the historic preservation in cities around the country. The bonus refers to the additional density (beyond what would otherwise be permitted) granted to developers in exchange for providing specified public amenities. Philadelphia's new plan for Center City proposes that density bonuses be granted for the preservation of locally designated historic structures and that the city's zoning code be revised to include standards to define the requirements. Some Practical Suggestions Preservationists should demonstrate a sincere, constructive, and continuing interest in local zoning issues by attending scheduled meetings and public hearings of the zoning commission or board of zoning adjustment (whether or not a "preservation case" is on the agenda) • It is not necessary ( and sometimes counterproductive) to give formal testimony on every topic; but thoughtful queries by the public at a hearing will often raise questions that board members themselves would not have considered, and ideas from the public can help the board develop the conditions and requirements to be included in its decisions. Preservationists can also frame their questions and observations to make clear connections between historic preservation and zoning issues --connections board members might not otherwise see. Secondly, having demonstrated their commitment, credibility, and interest in local zoning, preservationists should take the next step and offer historic preservation training or presentations for local zoning (and other land use) boards. The training has to be attractive, appealing, and user-friendly and should be promoted as a way to enhance the board members' abili ty to do their work more effectively and efficiently, not as a "favor" or lobbying from a special -interest group. Arranging for co-sponsorship of the sessions by the state or regional planning agency, the State Historic Preservation Office, local non-profit or service clubs, and business organizations demonstrates that preservation concerns are varied and widely shared public policy issues and not special -interest concerns. Page 5 of 29 Current City Code--- Historic Preservation Commission & Historic District 2.30.410 - Established. (a) An historic preservation commission is hereby created, consisting of seven residents of the City of Seward or surrounding areas, who shall be appointed by the council. If there is more than one applicant for the position, the council shall appoint by ballot voting. Applicants must receive at least four votes in order to be appointed. No officer or employee of the city may be appointed a member of the commission. (b) To the extent available in the community, three commission members shall be professionals, as defined in Appendix A of 36CFR 61, from the disciplines of history, architecture or architectural history and archaeology. If the commissioners are not professionals in the disciplines of history, architecture or architectural history, and archaeology, then consultants in these disciplines will be appointed as consultants to the historic preservation commission. Consultant appointments shall be approved by the historic preservation commission and must be qualified under the standards defined in Appendix A of 36 CFR 61. (c) A chairman of the commission shall be selected annually by the appointed members (Ord. 94-04; Ord. 2000-13, § 3, 2000) 2.30.415 - Terms of office; filling vacancies. (a) Members of the historic preservation commission shall be appointed for a term of three years, provided that the terms of initial appointments shall be staggered so that as nearly as possible a pro rata number of members shall be appointed for each year. (b) The city council, may appoint any qualified person to fill a vacancy of any member of the board provided that the appointment shall be for the unexpired term of the vacancy. (c) Following a member's absence from three consecutive regular meetings of the commission, the remaining commission members shall decide whether the commission member should be retained or whether to request council appointment of a new member. (Ord. 94-04; Ord. 2000-13, § 3, 2000) 2.30.420 - Meetings and quorum. (a) The commission will meet at least twice each year at a time and place to be designated by the commission. (b) Four members of the commission shall constitute a quorum for the transaction of business, except that, in the absence of a quorum, any number less than a quorum may adjourn the meeting to a later date. The affirmative votes of at least a majority of those commission members present shall be required for any action. (c) All meetings and records of the commission shall be open to the public. The commission shall keep minutes of proceedings showing the vote of each member upon each question and Page 6 of 29 shall keep records of any actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. (Ord. 94-04) 2.30.425 - Powers and duties. (a) It shall be the responsibility of the historic preservation commission to: (1) Develop a local historic plan that will include provisions for identification, protection and interpretation of the area's significant resources. Such a plan is to be compatible with the Alaska Historic Preservation Plan and to produce information compatible with and for the Alaska Heritage Resources Survey. (2) Survey and inventory community historic architectural and archaeological resources within the community. (3) Review and comment to the state historic preservation officer on all proposed National Register nominations for properties within the community area. (4) Act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. (5) Work toward the continuing education of citizens regarding local historic preservation and community history. (6) Support the enforcement of the Alaska Historic Preservation Act, AS 41.35. (7) Review local projects and recommendations about the effect on properties identified in the local historic preservation inventory. (b) The commission shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. (Ord. 94-04) 15.15.020 - Historic district established. (a) The historic district of the City is established to define those areas of the City that meet state or federal standards for historic districts or that otherwise have special historic significance that merits additional consideration in land use regulation. (b) The City Council shall, by resolution, establish and define those areas to be included in the historic district. (c) Criteria for selection and placement on the list of historic districts within the City shall be set by resolution of the City Council. (d) Upon designation, the historic district shall be classified as an Overlay District H - Historic District on the official zoning map of the City of Seward. (Ord. 95-10) Page 7 of 29 15.15.025 - Seward Historic Plant and Tree Register established. (a) A Seward Historic Plant and Tree Register is hereby established to provide for public recognition of local plants and trees. (b) Criteria for selection and placement on the Seward Historic Plant and Tree Register shall be set by resolution of the Historic Preservation Commission. (c) The Historic Preservation Commission shall recommend nominations to the Seward Historic Plant & Tree Register to the City Council. (d) Nominations to the Seward Historic Plant & Tree Register shall be subject to approval by resolution of the City Council. (Ord. 2007-006, § 1, 2007) Page 8 of 29 City of Seward - Zoning Map Due to different data sources property lines and aerial imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. Legend Rural Residential Single Family Residential Two Family Residential Multi Family Residential = Urban Residential Office Residential Harbor Commercial - Auto Commercial Central Business District - Industrial Institutional - Park = Resource Management Downtown Historic District N Drawn By: AB 2/28/2020 0 205 410 820 Feet it Mapping Assistance by Alaska Map Company, LLC Page 9 of 29 x z w O x 2 City of Seward - Zoning Map Due to different data sources property lines and aerial imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. Legend Rural Residential Single Family Residential Two Family Residential Multi Family Residential - Urban Residential Office Residential Harbor Commercial Auto Commercial Central Business District Industrial w Institutional w -Park Resource Management Jesse Lee Heights addn. no. 3 & 4 N Drawn By: AB 2/28/2020 0 75 150 300 Feet Mapping Assistance by Alaska Map Company, LLC Page 10 of 29 POSSIBLE DRAFT HISTORIC DISTRICT OVERLAY CODE CHAPTER 15. - HISTORIC DISTRICT OVERLAY 15. XXXXX - Purpose. Whereas the City declares as a matter of policy that the preservation, protection and use of areas, buildings, structures and works of art in national and local registered historic districts is in the public interest and vital to maintaining the community's well-being, the purpose of this chapter is to: (a) Promote appreciation for the history and the traditions of the City. (b) Foster civic pride in the beauty and notable contributions of the past. (c) Preserve and protect the unique identity of the City's special interest areas. (d) Promote the use and preservation of the historic sites and structures for the economic, cultural and aesthetic benefit of its residents. (e) Safeguard the heritage of the City for the education and the general welfare of the City. 15. XXXXX - Definitions. As used in this chapter, the following terms shall have the meaning indicated herein: (a) Alteration. "Alteration" means any material or visual change, other than the normal maintenance and repair, to the exterior of any structure located within an historic district or to any historic property or to the publicly accessible interior of any listed property which was listed in part, or in whole, because of the interior's historic or architectural significance. (b) Architectural Feature. "Architectural feature" means the architectural treatment and general arrangement of such portion of: 1. The exterior of a property as is designed to be exposed to public view; and 2. The publicly accessible interior of any listed property which was listed in part, or in whole, because of the interior's historic or architectural significance; including kind, color and texture of the building material of such portion and type of all windows, doors, lights, signs and any other fixtures to such portion. (c) Architectural Feature, Exterior. "Exterior architectural feature" means the architectural style, general design and arrangement of the exterior of a structure including, but not limited to, the type, color and texture of the building materials, doors, windows, roofs, porches and other features. (d) Certificate of Appropriateness. "Certificate of appropriateness" or "certificate" means a certificate issued to an applicant authorizing a specific environmental change within an historic district as being consistent with appropriate guidelines, or which, due to unusual and compelling circumstance or substantial economic hardship, does not require such consistency. Page 11 of 29 (e) Construction. "Construction" means the process of building, erecting or placing a structure, building or object within a listed property or district. (f) Demolition. "Demolition" means the complete or substantial removal or destruction of a building, structure or object from a listed property or district. (g) Environmental Change. "Environmental change" means any exterior alteration or change to any listed property, including abrasive cleaning (via pressure or tools and equipment), painting, resurfacing, etc., any demolition or removal of a listed property, new construction on a listed property, or any other alteration or change requiring a building permit subject to the provisions of this chapter. (h) Facade. "Fagade" means the face or front of a structure or any vertical surface thereof adjacent to a public way. (i) Historic District. "Historic district" means any district that has been identified and approved by the City to be regulated by this chapter. 0) Historic Landmark. "Historic landmark" means an individual property, structure, or building designated by the City that is worthy of rehabilitation, restoration and/or preservation because of its architectural or historical significance. (k) Intrusion. "Intrusion" means an object, site or structure which detracts from a listed property or district's significance because of its incompatibility with the sense of time and place and historical development; or its incompatibility of scale, materials, texture or color; or whose integrity has been irretrievably lost; or whose physical deterioration or damage makes rehabilitation infeasible. (1) Listed Property. "Listed property" means any building, structure, object, or site located within the a historic district or designated as a historic landmark. (m) Mothballing. "Mothballing" means the process of protecting a vacant historically or architecturally significant building from further deterioration or vandalism by: 1. Patching the roof of the building to protect the building from inclement weather; and/or 2. Securely boarding up the doors, windows and any or all other openings of the building, (n) Normal Maintenance and Repair. "Normal maintenance and repair" means any maintenance or repair which does not require a building permit and does not constitute alteration as defined hereinabove and whose purpose is to correct any decay, deterioration or damage to an architectural feature and restore same to its condition prior to such deterioration, decay or damage. (o) Owner. "Owner" means the owner(s) of record. (p) Preservation. "Preservation" means the process, including maintenance, of treating an existing building to arrest or slow future deterioration, stabilize the structure, and provide structural safety without changing or adversely affecting the character or appearance of the structure. (q) Rehabilitation. "Rehabilitation" means the modification of or change to an existing building. Rehabilitation extends the useful life or utility of the building through repairs or alterations, Page 12 of 29 sometimes major, while the features of the building that contributed to its architectural, cultural or historical character are preserved or restored. (r) Standards and Guidelines. "Standards and guidelines" means the building construction and building rehabilitation criteria derived from historical and architectural information reflecting that particular historic district to be used by the Historic Preservation Commission (HPC) in considering certificate of appropriateness applications. (s) Substantial Economic Hardship. "Substantial economic hardship" means a financial burden imposed upon an owner which when measured by standards of this chapter is unduly excessive preventing realization of an economic return based upon permitted uses and current market values, as opposed to a projected return from future development of the site. (t) Unusual and Compelling Circumstances. "Unusual and compelling circumstances" means those uncommon and extremely rare instances, factually detailed in conformance to the standards contained in this chapter, warranting the HPC's decision contrary to the established architectural characteristics, guidelines or standards due to the evidence presented. Page 13 of 29 The Historic Preservation Commission (HPC) shall have the following powers and duties (a) The Historic Preservation Commission shall be empowered to recommend properties and initiate the process for historic listing designation and to hear, review, grant, deny and recommend modifications to proposals for certificates of appropriateness involving environmental changes within a historic district. Applications for certificates of appropriateness shall be judged using adopted historic district standards and guidelines. (b) The Historic Preservation Commission shall be empowered to recommend and initiate the process of designation or expansion of a historic district. (c) The HPC shall establish, within the spirit and purposes of this chapter, procedures for evaluating applications for certificates of appropriateness. Such information shall be written and published and made available to the public within three (3) months after the members have been appointed and may be revised from time to time. (d) The HPC shall maintain files, available to the public, containing all applications granted or denied to serve as a basis for prospective applicants to conform their plans to established policy. (e) The HPC shall make recommendations to the Planning Commission regarding amendments to this chapter and with respect to other legislation affecting the historic districts when such recommendations are deemed appropriate and prudent. (f) The HPC shall work for the continuing education of those within the historic district and the residents of the City with respect to this Zoning Ordinance and each district's historic heritage and architectural significance. In addition, the HPC shall publish informational literature and hold periodic public meetings to disseminate information on preservation and rehabilitation techniques and resources. (g) The HPC shall develop standards and guidelines for preserving the historic and architectural significance of the historic districts, on a district -by -district basis, which shall be based on the Secretary of the Interior's Standards for Rehabilitation. The standards and guidelines shall promote redevelopment of historic structures and assure that new development within each district is compatible with existing development. 1. The standards and guidelines shall not prohibit new construction within a district, but shall seek to preserve the integrity of existing historic structures. 2. The standards and guidelines may include the following exterior architectural and design considerations: A. Structural proportion. B. Foundations of structures. C. Exterior walls. D. Building height. E. Building width. Page 14 of 29 F. Roof type. G. Building material. H. Paving or walkways. I. Significant landscaping fixtures. J. Color or colors of the exterior as related to color or colors of surrounding buildings. Identification, review and designation (a) Criteria. In considering the designation of any area, property or site in the City as a historic district or landmark, the Historic Preservation Commission shall apply the following criteria: (1) The character, interest or value of the area, property or site as part of the development, heritage or cultural characteristics of the City or the United States. (2) The location as a site of a significant prehistoric or historic event. (3) The identification with a person or persons who significantly contributed to the culture and development of the City. (4) The exemplification by the area, property or site of the cultural, economic, social or historic heritage of the City. (5) The embodiment of distinguishing characteristics of an architectural type or specimen. (6) Identification as the work of an architect or notable builder whose individual work has influenced the development of the City. (7) The embodiment of elements of architectural design, detail, materials or craftsmanship which represent architecture of significant character. (b) Initiation (1) Proposals to designate or expand historic districts or designate historic landmarks may be initiated by the HPC, a property owner or by motion of Planning & Zoning Commission or Council. Proposals initiated by property owners, Planning & Zoning Commission or Council shall be referred to the HPC for recommendation and initiation of the formal designation process. (2) At the time a proposal is submitted, the HPC shall have previously established development regulations guiding future environmental changes within a historic district or on a landmark property. Such regulations may include architectural standards, site development regulations and sign regulations, and shall take effect immediately upon designation of a historic district or landmark property. (c) Proposal. (1) Required Information. Proposals to designate or expand a historic district shall be submitted with a rezoning application as well as the information listed below. Proposals to designate a historic landmark shall include, at a minimum, the following additional information: Page 15 of 29 A. Evidence of landmark property owner interest or property owner interest within the proposed historic district. B. A boundary description. C. An inventory of historic resources. D. A description of the architectural and historical significance of properties within the proposed boundaries. E. A map or description of existing zoning. (2) Study and Determination of Applicability. A. When a proposal to establish or expand a preservation district or to designate an individual property or site as a landmark for protection is received by HPC, the owner or owners shall be notified by the Director of Planning and Community Development, and the owner(s)' written comments requested. 1. For an individual structure or site, notice shall be given by mail to the owner of the real property on which the structure or site is located. 2. For the purpose of designation or expansion of a group or district, notice shall be published once in the City bulletin and shall be mailed or otherwise distributed to each owner of real property located within such group or district. B. The Historic Preservation Commission shall review the proposal in terms of the critical provisions set forth in Sections XXXXX (g) and XXXXX (a). (3) Public Hearing. Once the proposal to establish or expand a preservation district or to designate an individual property or structure as a historic landmark has been reviewed by the HPC, the Historic Preservation Commission shall schedule a public hearing. The public hearing shall not be more than thirty (30) days after such a proposal is submitted. Notice of the public hearing shall be given according to the following: A. The HPC shall give the owner(s) not less than fourteen (14) days' written notice of the date, time and place of such hearing. B. Notice of the public hearing shall be given to at least one (1) or more newspapers of general circulation in the City. The notice shall be published at least ten (10) days before the date of the hearing. C. Notices shall include the time and place of the public hearing, a summary of the proposal and a statement that opportunity to be heard will be afforded to any person interested. Failure of delivery of such notice shall not invalidate any such amendment. D. The original application, all comments and additional considerations presented at the public hearing, and the recommendation of the HPC shall be forwarded to the Planning Commission for its consideration. (4) Recommendation by Planning & Zoning Commission. A. Within sixty (60) days from receipt of the application from the HPC, and after the conclusion of the public hearing required in subsection (3) above, the Planning Commission shall recommend one of the following to Council: Page 16 of 29 I . That the proposal be approved as requested; 2. That the proposal be approved as modified by the Planning Commission; or 3. That the proposal be denied. B. If the Planning Commission does not make a recommendation on the proposal within the sixty (60) days, or an extended period as may be agreed upon by the applicant or City Council, it shall be deemed that the recommendation of the Planning Commission is that the amendment be denied. C. The Planning & Zoning Commission shall file with the Clerk of Council a report of the Planning Commission's action. (5) Final Review and Action by Council. Council shall give due consideration to the findings and recommendations of the HPC and the Planning & Zoning Commission and shall make a final determination. Within sixty (60) days from receipt of the Planning Commission's recommendation, City Council shall: A. Approve the proposal as requested and designate the structure, site, group or district as a historic property. Approval shall require a 2/3 majority to override a proposal previously denied by the Planning Commission. B. Deny the proposal. (d) Designation. Immediately upon the designation of any structure, site, group or district as a historic district or landmark, the Clerk of the Council shall promptly notify the City Building Department, the Historic Preservation Commission, the Community Development Department and other affected departments. (1) The Director Community Development shall give written notice of the designation to the owner(s). (2) The Director Community Development shall cause the historic district or historic landmark designation to be shown upon the official zoning maps as an overlay without changing the underlying zoning. Whenever there is conflict between regulation of the zoning district and the regulations of the historic district, the more restrictive shall apply Page 17 of 29 - Applications for certificate of appropriateness. Property owners and occupants are required to obtain a certificate of appropriateness before undertaking any environmental changes to any property within a historic district or to any individual historic landmark. A may be obtained through a Historic Preservation Commission (HPC) hearing or through an administrative review by the City of Seward. (a) Application. (1) Provided such applications include the minimum necessary information as determined by the Planning & Zoning Commission and Community Development, Building permit applications to the Community Development Department for environmental changes within designated historic districts or to historic landmarks shall be deemed as applications for certificates of appropriateness. (2) Upon receipt of all pertinent documents as described above, including the payment of any fees set forth by City Council, the City shall inform the applicant of the review process (administrative review or HPC hearing) and application requirements, and shall have the authority to request additional pertinent information regarding the proposed environmental change. (b) Level of Review. The table below lists the criteria used to determine if the requires an administrative review or a HPC hearing. Applicability l Evaluation Criteria Level of Review Approve minor changes when proposed work meets the Downtown Historic District architectural standards, including: • Painting using the existing or original color scheme or follows the color guidelines in the architectural standards, • Addition of landscape features that do not physically impact the historic building or adversely impact the district, Minor • Routine maintenance and repairs using the same materials Administrative or projects: and design as the existing structures, or re -roofing using the HPC hearing same shape, type and color of materials, • Signage, provided that the installation of the sign does not damage historic building features, • Any other architectural standards requirements that allow for administrative approval, and • Temporary outdoor sales and displays in conformance with the requirements of the Planning and Zoning Code, and • Any other request determined by the Community Page 18 of 29 Development Department and the HPC to have a minor impact or no potential detriment on the structure or Historic District. • Major exterior improvements/alterations or proposed demolitions that have major impact or potential detriment as a Major result of the proposed action. • Any other request determined by the Community HPC hearing projects: Development Department and the HPC to not have a minor impact or has potential detriment on the structure or Historic District. (c) Administrative Review. (1) A notice and public hearing at the HPC is not required for an administrative review. (2) For each administrative review, the Community Development department will consult the HPC in making an approval determination. A. Both the Community Development department and the HPC shall be in agreement as to either approve, approve with conditions, or deny the administrative review. B. Should the Community Development Department and the HPC not be in agreement or the administrative review is denied, the application shall be scheduled at the next available HPC meeting, for review and hearing as a major project. (d) HPC Review. (1) Procedure: In processing applications before the Commission the following shall apply: A. The HPC shall approve, conditionally approve, or deny an application within sixty (60) days from the meeting date on winch the application was first reviewed, unless an extended period of time is agreed to by the applicant. 1. If an applicant or their designated representative fails to appear before the Commission at a designated meeting for any reason, the sixty (60) day time period shall be automatically extended until the next regular meeting of the Commission and thereafter until such time as the applicant or designated representative appears. 2. If within the prescribed time period or as automatically extended above, the HPC fails to table or take an action on an application at a meeting in winch there was a quorum, the application shall, upon written request by the applicant to the Planning and Community Development Director, be considered denied by the HPC and may be appealed as regulated elsewhere in this Chapter. Page 19 of 29 3. At the end of the sixty (60) day time period, or as extended automatically by this code or as agreed to by the applicant, failure of the HPC to take an action as described shall result in the application being considered denied by the HPC and may be appealed as regulated elsewhere in this code. B. At the hearing, the HPC shall issue an oral decision followed by a written decision within seven (7) days after the date of the hearing. The written notice shall include specific findings and comments. (2) In ruling upon a certificate application, the HPC shall take into account the following: A. The adherence of the environmental change to the historic district's adopted standards and guidelines; and B. The effect of the HPC 's decision upon the applicant. The following criteria shall be used for all applicants to determine the existence of a substantial economic hardship or unusual and compelling circumstances: 1. Substantial economic hardship: a. Denial of a certificate shall result in a substantial reduction in the economic value of the property. b. Denial of certificate shall result in a substantial economic burden on the applicant because the applicant cannot reasonably maintain the property in its current form. C. No reasonable alternative exists consistent with the architectural standards and guidelines for the property. 2. Unusual and compelling circumstances: a. The property has little or no historical or architectural significance. b. The property cannot be reasonably maintained in a manner consistent with the pertinent architectural standards and guidelines. c. No reasonable means of saving the property from deterioration, demolition or collapse other than applicant's proposal exists. (e) Expiration of Certificate of Appropriateness. Unless the work described in the certificate is commenced within one year and continued progress is made and is completed within two years, the certificate shall expire. The HPC shall grant an extension of time for good cause. Appeals. (a) Administrative Review Decisions: Administrative review decisions may be appealed to the HPC. Notice of appeal shall be made within thirty (30) calendar days of the decision date. The appeal shall be heard at the next available HPC meeting that occurs after receipt of a written request to appeal the administrative review decision. A simple majority vote of HPC shall be required to overturn a decision of an administrative review. (b) Historic Preservation Commission Decisions. A decision made by the HPC to approve, conditionally approve, or deny an application may be appealed to the City Council by the applicant, property owner or any adjoining property owner, including those property owners Page 20 of 29 directly across any public right-of-way. Notice of appeal shall be made within thirty (30) calendar days of the decision to approve, conditionally approve, or deny an application. The appeal shall be heard at the next available Seward City Council meeting. A simple majority vote of City Council shall be required to overturn a decision of the Commission. (c) No building permit or other permit requested shall be issued while the appeal is pending. Exclusions. (a) Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any architectural feature of any property that does not involve a change in design, material or other appearance thereof covered by the Historic Preservation Commission's standards and guidelines. (b) Nothing in this chapter shall be construed to prevent the authorized municipal officers from abating public nuisances. - Correlation of City programs. (a) The City shall consider its improvement programs, land purchased and other plans in or proximate to an historic district, with respect to the purpose and the requirements of this Zoning Ordinance and shall, whenever feasible, support and conform thereto. (b) The Community Development Department shall notify the Historic Preservation Commission of any activity requiring Department review that is within a historic district boundary. Notification shall be given to the HPC at least fifteen (15) days prior to the Department hearing. Conformance with existing laws. (a) This section shall not be construed to repeal the provisions of any existing laws and ordinances establishing housing, building and zoning requirements for the City generally or any other section of this chapter, except such as may directly conflict herewith. (b) The Community Development Department shall have the authority to enforce the provisions of Sections XXXX, XXXX and XXXX where alterations, construction, demolition, rehabilitation or any other exterior modifications are being undertaken in a recognized historic district in the absence of an approved certificate of appropriateness. Historic district(s). The Historic District Overlay, and the boundaries thereof, is hereby adopted and established as shown on the Historic District Overlay Map. Said Map, together with all notations, references, data, and adopted standards, district boundaries, historic landmark designations, and other information shown thereon, is hereby made part of this Zoning Ordinance. The official Historic District Overlay Map, properly attested, shall be and remain on file in the office of the City Clerk of Council. Page 21 of 29 • GOU0CiLMem 3c`2 Introduced By: W) LLIG M,5 _ Introduction Date: /a CITY OF SEWARD, ALASKA Public Hearing & ORDINANCE NO. 519 Enactment Date: 91/3/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING THE HISTORIC DISTRICT IN DOWNTOWN SEWARD THE CITY OF SEWARD, ALASKA, ORDAINS: Section 1. Chapter 6 of the Seward City Code is amended by adding the following section: Sec. 06.10.100 Historic District Established (a) The Historic District of the City of Seward is hereby established to define those areas of the City that meet state or federal standards for historic districts or that otherwise have special historic significance that merit additional consideration in land use regulation. (b) The Historic District for the City of Seward shall be defined as that area in downtown Seward bordered on the South by Resurrection Bay, on the North by Adams Street, on the East by Sixth Avenue • and on the West by Third Avenue, and including the Ferry Terminal. (c) Criteria for selection and placement on the list of historic districts within the City of Seward shall be set by Resolution of Council. Section 2. This Ordinance shall take effect 10 days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 13th day of February , 1984. THE CITY OF SEWARD, ALASKA ONALD W. CRIPPS, 0 AYES: Cripps, Gillespie, Hilton, Meehan, Swartz NOES: None • ABSENT: Wilson ABSTAIN: Williams -1- Page 22 of 29 CITY OF SEWARD, ALASKA ORDINANCE NO* III • ATTEST• APPROVED AS TO FORM: • HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, Attorneys for the City of Seward, Alaska Fred B. Arvidson, City Attorney -2- Page 23 of 29 Sponsored by Schaefermeyer • CITY OF SEWARD, ALASKA ORDINANCE NO. 92-09 (SUBSTITUTE) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RESCINDING RESOLUTION NO. 85-106 AND AMENDING SCC § 2.30.225 TO REDEFINE THE ROLE OF THE PLANNING AND ZONING COMMISSION TO INCLUDE THE DUTIES OF THE HISTORIC PRESERVATION COMMISSION. WHEREAS, Resolution No. 85-106 designated the Seward Planning and Zoning Commission as the local historic district commission; and WHEREAS, the city of Seward desires to achieve certified local government status in order to qualify to apply for grant funds which are available to the city of Seward and private individuals; and WHEREAS, a historic preservation commission must be established, according to Certified Local Government guidelines, in order for the city to qualify as a certified local government for historic preservation purposes; and ® WHEREAS, the Planning Commission will, in addition to established duties, undertake specified historic preservation duties including survey and inventory, review of nominations to the National Register, preservation education and advice and enforcement of local and state preservation laws; that: NOW, THEREFORE, THE CITY OF SEWARD, ALASKA HEREBY ORDAINS Section 1. Resolution No. 85-106 is hereby rescinded. Section 2. SCC § 2.30.225 is hereby amended to add the duties of the Historic Preservation Commission as follows: D. The Planning and Zoning Commission shall also act as the Historic Preservation Commission. Roles and duties as the Historic Preservation Commission are as follows. 1. Role of the Historic Preservation Commission. a. Seven members, with a demonstrated interest, competence, or knowledge or historic preservation, shall be appointed to terms of not less than three years. Page 24 of 29 City of Seward, Alaska Ordinance No. 92-09 • b. To the extent available in the community, three commission members shall be professionals, as defined in Appendix A of 36 CFR 61, from the disciplines of history, architecture or architectural history and archaeology. If commissioners are not professionals in the disciplines of history, architecture or architectural history, and archaeology, then consultants in these disciplines will be appointed as consultants to the Historic Preservation Commission. Consultant appointments are approved by the Historic Preservation Commission and must be qualified under the standards defined in Appendix A of 36 CFR 61. C. The commission will meet at least twice each year and conduct business in accordance with the Open Public Meetings Laws of Alaska. This includes public notification of the meeting place, time and agenda items. d. Written minutes of each commission meeting will be prepared and made available for public inspection. 2. Commission Duties a. Survey and Inventory Community Historic Resources. The historic preservation commission shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and able to be readily integrated into statewide comprehensive historic preservation planning and other planning processes. Location information on sites vulnerable to possible vandalism shall be maintained and released on a need -to -know basis to protect the site location from possible vandalism in accor- dance with Section 3(a-c) of the Certified Local Government regulations. b. Review Proposed Nominations to the National Register of Historic Places. 2 Page 25 of 29 City of Seward, Alaska Ordinance No. 92-09 The historic reservation commission shall review n p s aand comment to the State Historic Preservation Officer on all proposed National Register nominations for properties within the boundaries of the community. When the historic preser- vation commission considers a National Register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the commission, the commission will seek expertise in this area before rendering its decision. C. Provide Advice and Information. 1. The historic preservation commission shall act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. 2. The historic preservation commission shall work toward the continuing education of citizens regarding • historic preservation and the committee's history. d. Enforcement of State and Local Historic Preservation Laws. The commission shall support the enforcement of the Alaska Historic Preservation Act (AS 41.35). e. Review and make recommendations about local projects. When local projects might affect properties identified in the local historic preservation inventory, the commission will review and make recommendations on the local projects. f. Develop a local historic plan. A local historic plan will include provision for identification, protection and interpretation of the area's significant resourc- es. Such a plan is to be compatible with the Alaska Historic Preservation Plan, and to produce information compatible with and for the Alaska Heritage Resources Survey (AHRS). 0 Section 3. This ordinance shall take effect ten (10) days following its enactment. 3 Page 26 of 29 1�1 • City of Seward, Alaska Ordinance No. 92-09 ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 27th day of April, 1992. THE CITY OF SEWARD, ALASKA Donald W. Cripps, Mayor AYES: Bencardino, Crane, Cripps, Krasnansky, Swartz & White NOES: None ABSENT: Dunham ABSTAIN: None ATTEST: Linda S,, Murphy, City Clerk (City Seal) APPROVED AS TO FORM: Perkins Coie, Attorneys for the City of Seward, Alaska G E Fred B. Arvidson City Attorney Introduced By: Dunha asnansk Introduction Date: 04/13/92 Public Hearing & Enactment Date: 04/27/92 0 Page 27 of 29 Sponsored by: Historic Preservation Commission Introduction Date: May 8, 1995 Public Hearing Date: May 22, 1995 CITY OF SEWARD, ALASKA ORDINANCE NO. 95-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING CHAPTER 15.15, HISTORIC PRESERVATION WHEREAS, shifts of population and .the changes in residential, commercial and industrial uses and customs threaten the destruction of areas, places, structures, works of art and other objects having special historic importance, interest or value and whose preservation and continued utilization are desirable; and WHEREAS, the Seward area contains many structures and areas that embody a sense of time and place unique to the City or which exemplify or reflect the cultural, social, economic, political or architectural history of the nation, the state of Alaska or the City; and WHEREAS, the preservation of the community's historic and architectural character and resources is important for the promotion of local economic development; and WHEREAS, from the standpoint of the City Code, historic preservation and historic districts are more closely associated with Planning and Zoning than Buildings and Construction; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code Section 12.01.035, Historic District Established, is hereby REPEALED. Section 2. Seward City Code Chapter 15.15 is hereby created to read as follows: Chapter 15.15 - Historic Preservation 15.15.010 Purpose. Historic preservation is necessary to promote the educational, cultural, economic and general welfare of the community by providing a mechanism to identify and preserve the distinctive historic and architectural characteristics of Seward which represent elements of the City's cultural, social, economic, political and architectural history. 15.15.015 Seward Re 'ster o Historic Places established. A. A Seward Register of Historic Places is hereby established to provide for public recognition of local cultural resources worthy of preservation. B. Criteria for selection and placement on the Register of Historic Places shall be set by resolution of the Historic Preservation Commission. Page 28 of 29 CITY OF SEWARD, ALASKA ORDINANCE NO. 95-10 C. The Historic Preservation Commission shall recommend nominations to the Register of Historic Places to the City Council. D. Nominations to the Register of Historic Places shaII be approved by resolution of the City Council. 15.15.020 Historic district established. A. The historic district of the City is established to define those areas of the City that meet state or federal standards for historic districts or that otherwise have special historic significance that merits additional consideration in Iand use regulation. B. The City Council shall, by resolution, establish and define those areas to be included in the historic district. C. Criteria for selection and placement on the list of historic districts within the City shall be set by resolution of the City Council. D. Upon designation, the historic district shall be classified as an Overlay District H - Historic District on the official zoning map of the City of Seward. Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 22nd day of May, 1995. THE CITY OF SEWARD, ALASKA &rnze �) - Q1V01ff1A--.e Dave W. Crane Mayor AYES: Anderson, Crane, Darting, Deeter, King, O'Brien, Sieminski NOES: None ABSENT: None ABSTAIN: None ;qr; r o 'P ATTEST: �'•' :����' ,y � `►'� ..tee '� � w ®� S.E.—At., • •s ,41% "A-liSSstf- Linda S. Murphy, CMC/AAE City Clerk APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska City Attorney Page 29 of 29