Williams City Zoning Code
HISTORIC PRESERVATION
ZONE
§ 158.095 PURPOSE.
(A) The purpose of this zone is to promote the educational, cultural, economic and general welfare of the community, and to ensure the harmonious growth and development of the municipality, by encouraging the preservation and rehabilitation of historic districts therein. The historic zone designation may be superimposed over existing zones where there are surviving properties in their original setting or which give a historic dimension to the city.
(B) This zone is intended to encourage the retention of historic properties and archaeological sites and to preserve and keep them in active use and in their original appearance, setting and placement, rather than to modify uses in the underlying zones.
(C) It is also intended that new or remodeled buildings, located within zoned historic districts, be designed and constructed to harmonize with buildings located within the immediate vicinity in order to preserve property values, to provide for future development and to promote an awareness of the heritage of the city among residents of and visitors to the community.
(Prior Code, § 12-17.01) (Ord. 747, passed - -1995; Ord. 892, passed - -2008)
§ 158.096 DEFINITIONS.
Within zoned historic districts, for the purposes of this subchapter, unless the context otherwise requires, the following words and phrases shall have the following meanings.
ALTERATION.
(1) Any aesthetic, architectural, mechanical or structural change to the exterior surface of any part of an existing building.
(2) Applicants should follow the Secretary of the Interior’s Standards for Rehabilitation and become familiar with the requirements for tax certification of rehabilitated historic buildings.
CONTRIBUTING. A building, site, structure or object that adds to the district’s sense of time and place and meets the above criteria.
HEIGHT. The vertical distance measured between the highest part of a structure and the finished grade at the midpoint of the front facade of the principal building, excluding chimneys, mechanical equipment and other miscellaneous additions.
NON-CONTRIBUTING. A building, site, structure or object that detracts from the district’s sense of time and place and does not meet the above criteria.
ORDINARY MAINTENANCE. Any work, for which a building permit is not required by law and where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage.
PREVAILING SETBACK. The most frequently occurring distances from the front facades of all buildings in the historic district to the front property lines.
PROPORTION. The relationship between the width and height of a building front facade, windows, doors and the like.
RHYTHM. The ordered recurrent alternation of solids to voids in the front facade, streetscape and the like.
SITE UTILIZATION. The spacing between the sides of buildings.
ZONED HISTORIC DISTRICT. One or more buildings, sites, structures and/or objects, contributing and/or non-contributing, including signs affixed thereto, that are zoned historic preservation by the Mayor and Council under this subchapter, and that meet the criteria established by the National Register of Historic Places which states, “The quality of significance in American history, architecture, archaeology and culture is present in districts, sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship, feeling and association and: (1) That are associated with events that have made a significant contribution to the broad patterns of our history; or (2) That are associated with the lives of persons significant in our past; or (3) That embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; (4) That have yielded, or may be likely to yield, information important in prehistory or history; or (5) That relates to events, personages or architectural styles that are at least fifty years old.” However, outstanding examples less than 50 years old should be evaluated on their own merits.
(Prior Code, § 12-17.02) (Ord. 747, passed - -1995; Ord. 892, passed - -2008)
§ 158.097 HISTORIC PRESERVATION COMMISSION.
(A) Membership.
(1) The city’s Historic Preservation Commission (“Commission”) shall be composed of seven members, appointed by the Mayor and Council, all of whom have demonstrated interest, experience or knowledge in one of the following: history; architecture; planning; archaeology; historic archaeology; real estate; historic preservation; law; or related field.
(2) To the extent available in the community, at least two professionals from the disciplines of architecture, history, architectural history, planning, archaeology or related historic preservation disciplines such as cultural geography or cultural anthropology should be members of the Historic Preservation Commission.
(3) The Commission must obtain expertise in that field when considering National Register nominations and other actions that will impact historic properties.
(4) Commission members shall be appointed by the City Council to serve no more than three three-year staggered terms of office.
(5) The Historic Preservation Commission shall meet at least four times each year and follow the provisions of the state’s Open Meeting Act.
(B) Powers. Unless otherwise specified herein, the powers and duties of the Historic Preservation Commission shall be as follows:
(1) Advise the Mayor and Council in all matters regarding historic preservation in the city;
(2) Adopt criteria consistent with the National Register of Historic Places for the identification of historic districts and properties;
(3) Prepare, or cause to be prepared, a comprehensive inventory of historic buildings and districts in the city;
(4) Increase public awareness of the value of historic, architectural, archaeological and cultural preservation by developing and participating in public information programs;
(5) Make recommendations to the Mayor and Council concerning the utilization of grants from federal and state agencies, private groups and individuals on the utilization of budgetary appropriations to promote historic preservation in the city. The Commission shall raise funds as necessary to promote its programs and activities;
(6) Make known, to the owners of historic properties and to the public, standards for architectural review;
(7) Evaluate and comment upon decisions by other public agencies affecting the physical development and land use patterns in historic districts as appropriate;
(8) Hold public hearings as specified in this chapter; and
(9) Perform any other functions that may be designated by resolution or motion of the Council.
(C) Reporting and notification procedures. The Commission shall prepare a written annual report of Commission activities that is provided to the Mayor and Council and to the state’s Historic Preservation Officer, and that is available to the public.
(Prior Code, § 12-17.03) (Ord. 747, passed - -1995; Ord. 892, passed - -2008)
§ 158.098 INITIATION OR AMENDMENT OF DISTRICTS.
(A) A Historic Preservation Zoning District may be initiated by the owner of the proposed property, by the Historic Preservation Commission, by the Planning and Zoning Commission or by the Mayor and Council.
(B) The procedure for establishing or amending a Historic Preservation Zoning District shall be in accordance with Ch. 154 of this code of ordinances.
(Prior Code, § 12-17.04) (Ord. 747, passed - -1995; Ord. 892, passed - -2008)
§ 158.099 CRITERIA FOR ESTABLISHING A DISTRICT.
In determining whether an area, neighborhood or district shall be zoned as a Historic Preservation Zoning District, the criteria of the National Register of Historic Places shall be followed.
(Prior Code, § 12-17.05) (Ord. 747, passed - -1995; Ord. 892, passed - -2008)
§ 158.100 PERMITTED USES.
Use requirements in the HP, Historic Preservation, Zoning District shall be as follows.
(A) Any use permitted by the existing zones over which historic district zoning is superimposed shall be allowed.
(B) The area zoned as a Historic Preservation Zoning District shall be designated by its underlying zone name, plus the preface “H”.
(Prior Code, § 12-17.06) (Ord. 747, passed - -1995)
§ 158.101 SIGNS.
§ 158.102 HISTORIC DISTRICT DEVELOPMENT REVIEW.
(A) The erection or construction of a new building or structure; or any alteration involving the modification addition, moving or demolition of any part of an existing structure that would affect the exterior appearance of any existing building; or the installation of a sign; or the construction or enlargement of a parking lot within a Historic Preservation Zoning District shall require plan review and approval in accordance with Ch. 154 of this code of ordinances. The Historic Preservation Commission and the Main Street Design Committee shall be invited to participate in any required Departmental Review Team (DRT) meeting for such work. If a DRT meeting is not required, a copy of any building permit application for such work shall be forwarded to the Historic Preservation Commission and to the Main Street Design Committee for review, comment and/or approval.
(B) Rehabilitation plans should follow “The Secretary of Interior’s Standards for Rehabilitation” and the criteria set forth in this chapter. The potential for significant archaeological resources shall be considered before a permit is issued.
(Prior Code, § 12-17.08) (Ord. 747, passed - -1995; Ord. 892, passed - -2008)
§ 158.103 DEVELOPMENT PLAN REQUIREMENTS.
(B) Drawings (“elevations”) showing views of the existing structure as well as all proposed structures on the property;
(C) Specific graphic information regarding exterior materials, colors and architectural details (trim, hardware and the like); illumination, security, aesthetics;
(D) A sign plan, drawn to scale, showing the design, color, lettering and methods of attachment of all exterior signs; and
(E) Other information that the Historic Preservation Commission or Main Street Program members may find necessary to establish compliance with this and other ordinances.
(Prior Code, § 12-17.09) (Ord. 747, passed - -1995; Ord. 892, passed - -2008)
§ 158.104 COMPLIANCE.
(A) All work performed pursuant to the issuance of a building permit shall conform to the requirements of the permit and to the development plan.
(B) It shall be the duty of the Building Inspector, the Historic Preservation Commission members and the Main Street Program members to inspect from time to time any work performed pursuant to the permit to ensure such compliance.
(C) In the event work is not performed in accordance with the permit the Building Inspector shall issue a stop work order and all work shall cease.
(D) No person, firm or corporation shall undertake any work on such project at along as stop work order shall continue in effect.
(Prior Code, § 12-17.10) (Ord. 747, passed - -1995; Ord. 772, passed - -1997; Ord. 892, passed - -2008) Penalty, see § 158.999
§ 158.105 APPEAL.
The Historic Preservation Commission’s decision may be appealed to the Board of Adjustment by the property owner or any citizen within 15 working days after the decision is rendered by the Historic Preservation Commission.
(Prior Code, § 12-17.11) (Ord. 747, passed - -1995; Ord. 892, passed - -2008)
§ 158.106 CRITERIA FOR THE ALTERATION OF EXISTING STRUCTURES OR THE CONSTRUCTION OF NEW STRUCTURES.
(A) Conforms to the city’s Historic District Streetscape Plan or Main Street architectural drawings;
(B) Conforms to the Secretary of Interiors Standards for Rehabilitation as follows:
(1) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment;
(2) The historic character of a property shall be retained and preserved. Removal of historic materials or alteration of features and spaces that characterize a property shall be avoided;
(3) Each property shall be recognized as a physical record of its time, place and use changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken;
(4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved;
(5) Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved;
(6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence;
(7) Chemical or physical treatments, such a sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible;
(8) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken;
(9) New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment; and
(10) New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(C) NPS Technical Bulletins, Keeping Up Appearances and other technical references;
(D) Alterations to an existing, contributing historic building, site structure or object located in a zoned historic district shall properly preserve the historical and architectural characteristics which make it unique, and any changes or additions shall conform to the intrinsic and unique character of the building or structure itself;
(E) The design should adhere to the Secretary of the Interior’s Standards for Rehabilitation and the owner or developer should be aware of current tax incentives when rehabilitation work is contemplated; and
(F) New construction within a Historic Preservation Zoning District shall require no specific architectural style; however, the following criteria should be considered in determining whether the proposed design of a new structure is compatible with the collective characteristics of the structures located within the Historic Preservation Zoning District.
(1) Height. Alterations to a zoned historic building may be no higher than the tallest comparable feature of the existing structure or adjacent structures.
(2) Setback. Alterations to a zoned historic building must maintain the original front setback of the existing structure or the prevailing setback existing within the Historic District; providing that, such a setback is compatible with the historic character of the existing building.
(3) Proportion. Alterations to a zoned historic building shall reflect the proportions of the existing building or can be demonstrated to be historically accurate.
(4) Roof types. Alterations to a zoned historic building shall have roofs compatible in configuration, mass and materials to that of the style of the existing building or can be demonstrated to be historically accurate.
(5) Texture. Surface texture of alterations to a zoned historic building shall be appropriate to the historical style of the existing building and the period in which it was constructed or can be demonstrated to be historically accurate.
(6) Site utilization. Site utilization shall be compatible with the historical period in which the existing building was built.
(7) Projections and recessions. Projections and recessions, such as porches, steps, awnings, overhangs, entrances, windows and the like, shall be compatible with the style of the existing building and/or the historical period in which it was built.
(8) Architectural details.
(a) Architectural details, such as cornices, lintels, arches, grill work, shutters, window and door trim canals and the like, shall be appropriate to the historical style of the existing building and/or the historical period in which it was built.
(b) An exception, for case by case review, will be grill work for security.
(9) Building form. Size, mass and scale of alteration to a designated historic building shall be compatible with that of the existing building or it can be demonstrated to be historically accurate.
(10) Color. Color of a building, including trim, roof and the like, shall be appropriate to the architectural style of the subject building and/or its historical period.
(11) Landscaping. Planting and other ornamental features shall reflect the historical period of the subject structure.
(12) Enclosures. Fences, walls or other physical features used to enclose open space or provide privacy shall be based on historic precedent or shall be compatible with the architectural style of the subject building and compatible with other historic buildings within the Historic Preservation Zoning District and reflect the historical period of the Historic Preservation Zoning District.
(13) Utilities. New power, telephone and cable television installation shall be reviewed for appropriateness and compatibility. No electric utility boxes shall be used on street side facades if any alternative location is feasible. Solar units and TV antennae dishes shall not be visible from the street level.
(14) Alterations. Alterations to a non-historic building within a historic district shall reflect the architectural style and characteristics of the existing building. In addition, such alterations shall generally conform to the above criteria of the buildings within the Historic District.
(Prior Code, § 12-17.12) (Ord. 747, passed - -1995; Ord. 892, passed - -2008)
§ 158.107 DEMOLITION OF STRUCTURES OR LANDMARKS.
(A) No demolition permit shall be issued by the Building Inspector for demolition of all or any part of a building, site, structure or object which has been zoned as historic before review.
(B) The Historic Preservation Commission may deny a demolition permit.
(C) In making its decision, the Commission shall hold a public hearing to determine if the applicant has shown that the preservation of the structure is physically and/or economically infeasible.
(D) The Commission shall also take into consideration post-demolition plans, including replacement structures, for the historic zoned property.
(E) If preservation is found to be physically and/or economically infeasible, the Building Inspector shall notify the applicant that the issuance of the demolition permit is approved by the Historic Preservation Commission.
(F) (1) If the preservation of the structure is found to be feasible, the Commission shall either attempt to convince the owner to preserve the building or, if the owner does not so agree within 30 days, to advertise and attempt to identify a purchaser for the property at fair market value who will agree to preserve the building or structure for a period of at least five years.
(2) If no purchaser is found within six months, the demolition permit shall be approved.
(Prior Code, § 12-17.13) (Ord. 747, passed - -1995; Ord. 892, passed - -2008)
§ 158.108 POST-DEMOLITION REQUIREMENTS.
(A) If a structure is demolished and the area is left vacant, the area shall be maintained in a clean and inoffensive manner.
(B) If a structure is demolished and the area is converted to another use not requiring buildings (such as a parking lot), the area shall be buffered by landscaping and walls or fences that generally conform to the character of the other buildings and structures located within its historic district or historic site.
(C) If a structure is demolished and a new structure is erected, the structure shall generally conform to the character of the buildings located within its historic district as determined by using the historic district criteria as identified in this chapter.
(Prior Code, § 12-17.14) (Ord. 747, passed - -1995; Ord. 892, passed - -2008)
§ 158.109 MAINTENANCE.
(A) Nothing in this chapter shall be construed to prevent ordinary maintenance and repair of any exterior elements of any designated historic building.
(B) (1) Historic District properties shall be kept in good repair by the property owner so as to not distract from their exterior appearance.
(2) Deterioration caused by deliberate neglect of maintenance or repairs shall not be considered valid grounds for the approval of a demolition permit application.
(C) (1) The Building Inspector shall advise the Historic Preservation Commission of cases of deliberate neglect or failure to meet minimum Building Code standards, particularly in regard to appearance, public safety and fire safety.
(2) The Historic Preservation Commission shall review such cases and make recommendations to the Building Inspector.
(D) If maintenance is necessary, the owner shall be notified.
(E) If the Commission finds that deliberate neglect is occurring, the owner shall be cited by the Building Inspector and have up to 90 days to make the specific repairs necessary to correct the neglect.
(F) If the repairs are not completed within 90 days, the city may make the repairs and place a lien for the expenses against the property owner or enforce the following penalties.
(Prior Code, § 12-17.15) (Ord. 747, passed - -1995; Ord. 892, passed - -2008)
§ 158.110 APPLICABILITY.
It is unlawful to erect, construct, reconstruct or maintain any building, site, structure or object including signs in a Historic District Overlay Zoning District in violation of any existing ordinances or a stop work order issued by the Building Inspector or to not make specific repairs to correct deliberate neglect as cited by the Building Inspector.
(Prior Code, § 12-17.16) (Ord. 747, passed - -1995; Ord. 892, passed - -2008) Penalty, see § 158.999