A. 
The LHP zone designation may be applied to properties and/or buildings that have been identified in the historic preservation survey. Other properties not included in the survey may also be considered for inclusion in the LHP zone provided the properties meet the findings identified in Section 18.106.240.
B. 
Designation proceedings may be initiated by written application of the owner of the property or other members of the public, with the consent of the property owner. In addition, proceedings may be initiated by resolution of the Planning Commission or the City Council.
C. 
Application for designations shall be filed with the Economic and Community Development Department upon forms prescribed by the Director. The date of initiation is the date the initiation resolution is adopted or a complete application is accepted by the Planning Department.
D. 
Each application for designation shall include a description of the characteristics of the landmark or historic district which justify its designation, and a list of any particular features that are to be preserved, and shall specify the location and boundaries of the landmark site or historic district.
E. 
Notification that an application for designation of a particular property or area has been submitted shall be sent to the property owner(s) and occupant(s) of that property within five calendar days of the filing of the completed nomination application.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006; Ord. 883-21 § 4, 2021)
Except as provided by this chapter the proceedings for landmark and historic preservation overlay zone designation are the same as for any other zoning of land.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
A. 
The Economic and Community Development Department staff shall determine whether the nomination application is complete. If complete, all persons, groups and organizations on the list of interested parties as defined in Section 18.106.130 shall be contacted for comments and review.
B. 
The Planning Commission shall hold a public hearing as set forth in Section 18.64.050. The Planning Commission shall consider citizen input and comments and the degree of conformity of the proposed designation with the purposes and standards of this chapter and the General Plan.
C. 
The Planning Commission shall make a recommendation to the City Council as set forth in Section 18.64.060.
D. 
The City Council shall set the matter for public hearing as set forth in Section 18.64.070. The Council may establish, amend or rescind a designation only by ordinance, after Planning Commission and Council hearings as required for original designations.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
When a landmark or historic district has been designated by the Council, the City Clerk shall promptly notify in writing the owners of the property included therein.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
The Planning Commission may approve a nomination application for, and the City Council may designate, a structure, improvement, natural feature, object or area for designation as a cultural resource or historic district if it finds that the structure, improvement, natural feature, object or area meets the following criteria:
A. 
It exemplifies or reflects a special element of the City's cultural, social, economic, political, aesthetic, architectural or natural history and possesses an integrity of location, design, setting, materials, workmanship, feeling and association, and
1. 
It embodies distinctive characteristics of style, type, period or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship, or
2. 
It contributes to the significance of a historic area being a geographically definable area possessing a concentration of historic or scenic properties or thematically related grouping of properties or properties which contribute to each other and are unified aesthetically by plan or physical development, or
3. 
It embodies elements of architectural design, detail materials or craftsmanship that represents a significant structural or architectural achievement or innovation, or
4. 
It has a unique location or singular physical characteristic or is a view or vista representing an established and familiar visual feature of a neighborhood, community or the City of Union City, or
5. 
It is at least 45 years of age;
B. 
It is one of the few remaining examples in the City, region, state or nation possessing distinguishing characteristics of an architectural or historical type or specimen;
C. 
It is identified with persons or events significant in local, state, or national history.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
A. 
The property designated shall be subject to the controls and standards contained in this chapter. In addition, the property shall be subject to the following further controls and standards if imposed by the designating ordinance:
1. 
For a publicly owned landmark, proposed changes in major interior and exterior architectural features are subject to review as set forth in Article III;
2. 
For a historic district, such further controls and standards as the Council finds necessary or desirable, including but not limited to facade, setback and height controls.
B. 
Construction, alteration, demolition or removal work for which a City permit is required is prohibited on a designated landmark site or in a designated historic district unless approved by the Planning Commission as set forth in Article III, Permits.
C. 
Properties within the LHP zone shall conform to the rehabilitation standards established by the Secretary of the Interior 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. The 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 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 as 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 archaeological 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.
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.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)