A. 
No person shall perform any work listed in this subsection on a structure in the LHP zone without first obtaining administrative site development review approval from the Director as set forth in Sections 18.72.050 through 18.72.105:
1. 
Second story additions to a historic residence;
2. 
Exterior remodel or redesign of a historic residence;
3. 
New accessory structure over 120 square feet in a historic district;
4. 
Minor modifications to existing commercial and industrial buildings as set forth in Section 18.72.030(E).
At the Director's discretion, any of the above applications may be referred to the Planning Commission for review.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006; Ord. 883-21 § 4, 2021)
Applications for architecture and site approval shall include plans and specifications showing the proposed exterior appearance, color, texture and type of materials, and the proposed architectural design of the exterior of the structure. Where required by the Director, applications shall also show the relationship of the proposed work to the environs.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
A. 
For every completed application for a permit as identified in Section 18.106.300(A), citizens, groups and organizations shall have 15 calendar days from the date of formal submission to review the project and comment to the Director for incorporation into the administrative staff report. Any person aggrieved or affected by a ruling of the Director regarding a minor residential development permit for a second story residential addition, remodel or redesign of a historic residence or a new accessory structure in a historic district, may appeal to the Planning Commission as set forth in Section 18.72.090.
B. 
For every completed application for a permit as identified in Section 18.106.300(B), citizens, groups and organizations shall have 15 calendar days from the date of formal submission to review and comment for incorporation into the Planning Commission staff report. Comments may be submitted in writing.
C. 
The Planning Commission shall hear the permit application as set forth in Chapter 18.76.
D. 
The Planning Commission may consider any reports, recommendations and comments from interested citizens, groups or organizations and shall ascertain whether the proposed work conforms to this chapter. The permit may be approved in conjunction with a project which requires a development permit from the Planning Commission. Notice of the Planning Commission's decision shall be final unless appealed to the City Council or called up for review by the City Council in the manner set forth in Chapter 18.76.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
A. 
In evaluating permit applications, the deciding body shall consider the architectural style, design, arrangement, texture, materials and color, and any other pertinent factors. Applications shall not be granted unless:
1. 
On landmark sites, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the landmark (and, where specified in the designating ordinance for a publicly owned landmark, its major interior architectural features) nor adversely affect the character of historical, architectural or aesthetic interest or value of the landmark and its site.
2. 
In historic districts, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application, nor adversely effect its relationship, in terms of harmony and appropriateness, with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural or aesthetic interest or value of the district.
B. 
In any event applications shall not be granted for work which violates standards included in the designating ordinance.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
A. 
The deciding body shall recommend approval or conditional approval for a demolition of a designated resource if it finds that:
1. 
The cultural resource cannot be remodeled or rehabilitated in a manner which would allow a reasonable use of or return from the property to the property owner;
2. 
Denial of the application will diminish the value of the subject property so as to leave substantially no value;
3. 
Rental at a reasonable rate of return is not feasible; and
4. 
The applicant demonstrates that all means involving City sponsored incentives, such as loans, grants and reimbursements, changes in the zoning title, as well as the possibility of change of use, have been explored to relieve possible economic hardship.
B. 
Personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not in and of themselves, justifiable hardships, but may be taken into account in determining the propriety of allowing demolition.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
To obtain sufficient time for steps necessary to preserve the structure concerned, the Planning Commission may suspend action on an application to permit demolition or removal for a period not to exceed 180 calendar days. The Council may, by resolution, extend the suspension for an additional period not to exceed 180 calendar days, if the resolution is adopted not more than 90 calendar days and not less than 30 calendar days prior to the expiration of the original 180 day period. During the suspension period, the Planning Commission may consult with the citizens, groups, organizations, consultants, and public agencies, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more structures or other features, and take any other reasonable measures.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
Reconstruction of a designated structure shall be exempt from setback and height requirements if it is rebuilt as originally constructed, except for modifications approved in the permit.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
If the applicant presents facts clearly demonstrating to the satisfaction of the Planning Commission that failure to approve the application will work immediate and substantial hardship because of conditions peculiar to the particular structure or other feature involved, the Planning Commission may approve the application even though it does not meet the standards set forth in either the enabling or designating ordinance.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
A. 
No application for a permit to construct, alter, demolish or remove any structure or other feature on a proposed landmark site or in a proposed historic district, filed subsequent to the date of initiation of proceedings to designate the landmark site or historic district, shall be approved while the proceedings are pending, provided, however, that if final action on the designation has not been completed 180 calendar days after initiation of designation proceedings, the permit application may be approved.
B. 
The regulations of this chapter do not apply to the construction, alteration, demolition or removal of any structure or other feature on a landmark site or in a historic district, where a permit for the performance of such work was validly issued and used before initiation of proceedings for designation of the landmark site or historic district. For the purpose of this subsection, a permit is used if substantial construction work specifically for the purpose for which the permit is issued is lawfully performed after the permit is issued, and in reliance on the permit. The term "construction" includes grading.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
None of the provisions of this chapter shall prevent any measures of construction, alteration or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Building Official or the Fire Marshal, and where the proposed measures have been declared necessary, by such official to correct the condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition and is done with due regard for preservation of the appearance of the structure involved may be performed pursuant to this section. If any structure or other feature is damaged by fire, calamity, or by an act of God, to such an extent that in the opinion of the aforesaid officials it cannot be reasonably repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
The owner, lessee and any other person in actual charge or possession of a designated landmark or structure or landmark and historic preservation overlay zone shall keep all of the exterior portions in good repair as well as all of the interior portions which are subject to control by the terms of the designating ordinance, and all portions whose maintenance is necessary to prevent deterioration or decay of any exterior portion.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
The City of Union City may offer the following incentives to the owners of qualified historic properties in order to encourage their participation in the preservation program:
A. 
Enact the Mills Tax Act to provide a reduction in property taxes;
B. 
Provide rehabilitation grants and low interest loans for facade improvements in the Old Alvarado commercial district;
C. 
Provide rehabilitation loans for low and moderate income homeowners.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
Properties within the LHP zone shall be subject to the Historic Building Code, unless the property is a noncontributing structure.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)