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2004ORD O-26-04- Amending and restating chapter 15.40 of the Colton Municipal Code Regarding Historic Preservation
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2004ORD O-26-04- Amending and restating chapter 15.40 of the Colton Municipal Code Regarding Historic Preservation
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6/24/2020 1:07:45 PM
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City Clerk
Agenda Type
City Council
CC - Doc Type
Ordinance
Date
6/15/2004
Ordinance No.
O-26-04
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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />C. Demolition. A certificate of appropriateness for demolition of a designated historic <br />resource or structure in a designated historic district shall be granted if the applicant produces <br />evidence to the satisfaction of the commission that the following findings may be made: <br />1. The demolition will not have a significant effect on the applicable goals <br />and objectives of Colton's general plan and on the implementation of this chapter. <br />2. The structure is not of such unusual design, texture or materials that it <br />could not be reproduced or could be reproduced only with great difficulty and expense. <br />3. The structure is not of such interest or quality that it would reasonably <br />meet federal or state criteria for designation as a historic resource. <br />4. Conversion to a new use ( adaptive reuse) permitted by right under current <br />zoning or with a conditional use permit, rehabilitation, or some other alternatives for preserving <br />the structure is not feasible. A delay of up to one hundred eighty days may be permitted to <br />determine the feasibility of alternatives. During this time the commission may consult with civic <br />groups, public agencies, and interested citizens. <br />5. A certificate of appropriateness shall take effect upon approval of a new <br />structure either by the planning commission or the building department. <br />6. Permit procedures and appeals are the same as those in subsection A of <br />this section and Section 15.40.120 of this chapter. Structures identified as intrusions into historic <br />districts shall not require a certificate for demolition. <br />D. Certificate of Hardship. A certificate of hardship permitting demolition, moving, <br />subdivision, or a lot split, new construction, or alteration which has been denied a certificate of <br />appropriateness may be granted under the conditions described herein. Application shall be <br />made in a form prepared by the preservation officer, and the same procedure for public notice, <br />public hearing, and appeal as for a certificate of appropriateness shall apply. <br />A certificate of a hardship shall be granted only if the owner(s) of the designated property <br />in question can produce evidence to show that: <br />1. Reasonable use or return on the property is not possible under the <br />conditions of the certificate of appropriateness; and <br />2. Alternative plans which would be in keeping with the interest of this <br />chapter are not feasible. <br />The commission may delay the decision on the application for a period not to exceed <br />ninety (90) days to investigate plans to allow for a reasonable use of or return from the property <br />or other measures to preserve the property, including selling the property to an individual or <br />group that would preserve it. <br />The commission shall review the evidence and make a written finding, stating the facts <br />and reasons behind the decision. It shall notify the applicant by mail of the acceptance or denial <br />of the certificate of hardship. Permit procedures and appeals of certificates of hardship are the <br />same as those in subsection A of this section and Section 15.40.120 of this chapter <br />Section 15.40.110 Special review of potential historic resources, districts and <br />nominated resources <br />RVPUB\NGS\673308.1 <br />-12- <br />
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