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Mill Valley City Zoning Code

CHAPTER 20

54 H-O DISTRICTS - HISTORIC OVERLAY DISTRICTS

§ 20.54.010 H-O Overlay District-Creation.

There is hereby created an Overlay Zoning District to be known as H-O Historic Overlay District which may be combined with any of the basic zoning districts designated in this title and applied to any individual property or group of properties. The addition of the H-O Historic Overlay District designation to any basic district shall not operate to reduce or eliminate any requirements established by the basic district regulations or other requirements contained in this title applicable to any district to which the H-O Historic Overlay District is added, unless expressly provided herein; provided, however, that if any of the regulations specified in this chapter for the H-O Historic Overlay District conflict with the basic district regulations, then the regulations of this chapter shall apply.
The purpose of the H-O Historic Overlay District is to promote the general welfare of the public through:
A. 
The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of people, events, or eras, or which provide significant examples of architectural styles and physical surroundings in which past generations lived;
B. 
The development and maintenance of appropriate settings for such structures, site or areas;
C. 
The enhancement of property values, the stabilization of neighborhoods and the increase of economic and financial benefits to the City and its residents;
D. 
The enrichment of the cultural and educational dimensions of human life by encouraging study and enjoyment of our historical heritage.
(Ord. 972 § 1, December 15, 1980)

§ 20.54.020 Powers and duties of Planning Commission.

The Planning Commission:
A. 
On its own initiative or upon application of any person (whether the owner of the property or not) and payment of the fee established by resolution of the City Council, the Planning Commission shall hold public hearings and make recommendations to the City Council on the creation of H-O Historic Overlay Districts.
B. 
May establish and maintain a list of structures and other landmarks deserving official recognition although not designated as Historic Overlay Districts, and take appropriate measures which, although not constituting mandatory regulations, will encourage the continued preservation of such structures or landmarks.
C. 
May, upon request of the property owner, advise with respect to any proposed work not requiring a City permit within an H-O Overlay District. Such work may include, but is not limited to, painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing and installation of lighting fixtures. Such advice, although not mandatory, shall be designed to preserve the historic characteristics of the property.

§ 20.54.030 H-O District regulations.

A. 
All applications for construction, alteration, demolition or sign permits within any H-O Historic Overlay District shall be subject to Design Review as provided in Chapter 20.66 of this title, if such permit involves the construction of any new structure, the demolition of any existing structure, exterior alterations or any interior alterations which would affect the exterior of any structure. In addition to other matters set forth in this title, the United States Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," GPO 937-843, with its latest revisions, subject to such considerations as may be appropriate for local Mill Valley conditions, shall be utilized as guidelines in exercising Design Review.
B. 
The Zoning Administrator may approve any application referred to in subsection A of this section, or may suspend the action of all City departments on such application for a period not to exceed 180 days. The City Council may extend the suspension for an additional period not to exceed 180 days, if such extension is made not more than 90 days and not less than 30 days prior to the expiration of the original 180-day period. During such suspension, the Zoning Administrator shall consult with civic groups such as the Mill Valley Historical Society, historic preservation organizations, public agencies, and interested citizens and shall make recommendations to the City Council for acquisition of the property by public or private bodies or agencies, explore the possibility of moving one or more structures, and take any other reasonable measures necessary to further the purposes of this chapter. If, at the expiration of the suspension period, the City has not taken such action as will legally preclude the issuance of the permit applied for, then the application shall be processed.
C. 
If the applicant presents facts clearly demonstrating to the satisfaction of the Zoning Administrator that failure to approve the application will work immediate and substantial hardship because of the conditions peculiar to a particular structure or other feature of the property, and such hardship has not been created by an act of the owner in anticipation of action under this chapter, the Zoning Administrator may approve such application even though it does not meet the standards set forth herein. Personal, family or financing difficulties, loss of prospective profits and neighboring violations are not justifiable hardships.
D. 
None of the provisions of this chapter shall prevent any reasonable measures of construction, alteration or demolition necessary to correct any condition which has been declared unsafe or dangerous by the City and where the proposed corrective measures have been declared necessary by the City.
E. 
The owner, lessee and any other person in actual charge or possession of any property within an H-O Historic Overlay District shall keep in good repair all exterior portions of any structure on such property and all interior portions, the maintenance of which may be necessary to prevent deterioration of any exterior portion. Building permit fees for such maintenance and repair shall be waived.
F. 
The Building/Zoning Code Inspector may apply the provisions of regular building standards and building regulations adopted pursuant to California Health and Safety Code Section 18958, or any combination of regular and alternative building standards and building regulations, in permitting repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, moving or continued use of an historical building or structure.
(Ord. 972, December 15, 1980; Ord. 1123 § 5, August 2, 1993)