The specific purposes of the H historic overlay district are to:
A. 
Implement the city's general plan;
B. 
Deter demolition, destruction, alteration, misuses, or neglect of historic or architecturally significant buildings that form an important link to Benicia's past;
C. 
Promote the conservation, preservation, protection, and enhancement of each historic district;
D. 
Stimulate the economic health and residential quality of the community and stabilize and enhance the value of property;
E. 
Encourage development tailored to the character and significance of each historic district through a conservation plan that includes goals, objectives, and design criteria.
(Ord. 87-4 N.S., 1987)
The H historic overlay district may be combined with any zoning district. Each H overlay district shall be shown on the zoning map by adding an "-H" designator to the base district designation followed by the number of the district based on the order of adoption.
(Ord. 87-4 N.S., 1987)
A. 
The land use and development regulations applicable in an H district shall be as prescribed for the base district with which it is combined unless modified by another overlay district; provided, that the requirements of the district conservation plan shall govern where conflicts arise.
B. 
Exceptions for Historic and Architecturally Significant Structures.
1. 
The development services director may grant a use permit for an exception to the land use regulations of the base district with which an H district is combined when such an exception is necessary to permit the preservation or restoration of an historic or architecturally significant building, structure or site.
2. 
Applications for such use permits shall be filed with the development services director on a form provided. The development services director shall refer all applications for an exception under this section to the historic preservation review commission (HPRC) for a report and recommendation. In making a decision, the development services director shall make a written finding that shall specify the facts relied upon in rendering his decision. A copy of this written finding, together with all evidence presented to the development services director, shall be filed in the development services department. The written finding and decision shall be mailed to the applicant and shall be subject to appeal to the planning commission. Decision-making authority on such use permits may be deferred to the planning commission at the option of the development services director. Upon their decision in such instances, an appeal may be made to the city council as prescribed in Chapter 1.44 BMC.
(Ord. 87-4 N.S., 1987; Ord. 05-03 § 4; Ord. 07-59 § 1; Ord. 25-09 §§ 3, 4)
A. 
A portion of a base district shall be eligible for inclusion in an H district if one or more of the following criteria, rigorously applied, are met:
1. 
The area possesses character, interest, or value as part of the heritage of the city.
2. 
The area is the location of a significant historical event.
3. 
The area is identified with a person or group that contributed significantly to the culture and development of the city.
4. 
Structures within the area exemplify a particular architectural style or way of life important to the city.
5. 
Structures within the area are the best remaining examples of an architectural style in a neighborhood.
6. 
The area or its structures are identified as the work of a person or group whose work has influenced the heritage of the city, the state, or the United States.
7. 
The area or its structures embody elements of outstanding attention to architectural or landscape design, detail, materials, or craftsmanship.
8. 
The area is related to a designated historic building or district in such a way that its preservation is essential to the integrity of the building or district.
9. 
The area's unique location or singular physical characteristics represent an established and familiar visual feature of a neighborhood.
10. 
The area has potential for yielding information of archaeological interest.
11. 
The area's integrity as a natural environment strongly contributes to the well-being of the people of the city.
B. 
Portions of a base zoning district that do not meet the above criteria may be included in an H district if inclusion is found to be essential to the integrity of the district.
(Ord. 87-4 N.S., 1987)
Individual buildings may be designated as historic or architecturally significant landmarks if one or more of the criteria set forth in BMC § 17.54.040 are met. A landmark so designated shall be eligible for the same review procedures as buildings and structures within an H district.
(Ord. 87-4 N.S., 1987)
Prior to filing an application for an H district, the applicant shall prepare an historic district conservation plan with the assistance of the development services department. Each conservation plan shall contain:
A. 
A map and description of the proposed district, including boundaries; the age, setting, and character of structures; urban design elements and streetscapes; major public improvements; and proposed objectives to be achieved;
B. 
A statement of the architectural or historical significance of the proposed district;
C. 
A list of specific alterations that should be subject to design review in order to protect the architectural or historical character of the proposed district;
D. 
A set of specific performance guidelines for new construction and alterations necessary to preserve the character of the proposed district;
E. 
Proposed rules and regulations for design review.
(Ord. 87-4 N.S., 1987; Ord. 25-09 § 3)
A. 
Filing of Petition. An application for an H district or landmark designation may be initiated by the planning commission or city council, or by filing a petition requesting establishment of the district with the development services director, accompanied by the required fee. If initiated by petition, the application shall include:
1. 
The proposed conservation plan for the district as prescribed by BMC § 17.54.060;
2. 
A form bearing the signatures of the owners of 51 percent of the land area within the proposed district.
B. 
Application Contents. An application for a landmark designation shall contain:
1. 
A map showing the location of the building or structure and building plans or photographs of the building exterior;
2. 
A statement of the architectural or historical significance of the proposed building and description of the particular features that should be preserved; and
3. 
Except when initiated by the city, the consent of the owner or authorized agent to the proposed designation is required. For purposes of this section, each condominium owner's association shall be deemed the property owner of common areas.
Prior to accepting the application as complete, the development services director may request additional information, plans or materials deemed necessary to support the application. A planning commission public hearing on the petition shall be held within 90 days of the date the petition is accepted as complete.
(Ord. 87-4 N.S., 1987; Ord. 25-09 § 4)
A. 
Neighborhood Workshop. The development services department shall conduct a neighborhood workshop in the proposed district to explain the proposal and the amendment process to neighborhood residents. Notice of the workshop shall be given in the same manner prescribed for zoning map amendments by BMC § 17.120.040.
B. 
Notice and Public Hearing. After the neighborhood workshop, the proposed district shall be the subject of public hearings before the planning commission and the city council. The hearings shall be set, noticed, and conducted as prescribed by Chapter 17.120 BMC.
C. 
Contents of Public Notice. In addition to the information prescribed by Chapter 17.120 BMC, notice of a public hearing for the establishment of an H district or designation of a landmark shall include a statement that original petitioners have the right to withdraw their support of the district at any time prior to the hearing, and that property owners who have not signed the petition have the right to do so prior to the date of the hearing.
(Ord. 87-4 N.S., 1987; Ord. 25-09 § 3)
A. 
Required Findings. In addition to the findings required by Chapter 17.120 BMC, the planning commission and city council shall find that the proposed district or landmark has a significant architectural or historical character that can be preserved and enhanced through appropriate controls on new development and alterations to existing buildings and landscaping.
B. 
Adoption of Conservation Plan. An ordinance establishing an H district shall include an historic district conservation plan in the form submitted or as revised by the planning commission or city council. The plan's performance guidelines may modify the land use and development regulations of the base zoning district, but shall not significantly alter the regulations. A performance guideline shall be found to be a significant alteration of base district regulations if it substantially prevents property from being used in accord with the provisions of the base district, or creates a substantial number of nonconforming uses or structures.
C. 
Effects on Projects Initiated Prior to Effective Date. No provision of this chapter shall apply to projects initiated prior to the effective date of an ordinance establishing an H district or designating a landmark. Such projects shall be considered nonconforming uses, subject to the provisions of Chapter 17.98 BMC. For the purposes of this subsection, a project shall be deemed initiated if an application, plans, and materials for concept or development plan review have been filed and accepted as complete.
D. 
Amendments to Adopted Conservation Plans. Procedures for an amendment to an adopted conservation plan shall be initiated in the same manner as an application for a zoning map amendment (Chapter 17.120 BMC).
(Ord. 87-4 N.S., 1987)
A. 
In General.
1. 
Except as modified by an adopted conservation plan, design review in an H district or of a proposed alteration, enlargement or demolition of a designated landmark shall be conducted as prescribed by Chapter 17.108 BMC. Design review and approval shall be the responsibility of the development services director or the historic preservation review commission, as the case may be.
2. 
The building official shall not issue a permit for construction, alteration, enlargement, or demolition of a building or structure located in an H district or of a designated landmark without the prior approval of the development services director or the historic preservation review commission. Prior approval of the development services director or the historic preservation review commission is not required for permit applications of an emergency nature to rehabilitate an unsafe building or to demolish the structure for the same reasons.
3. 
Accessory Dwelling Units Not Subject to Design Review. Notwithstanding any provisions of this chapter to the contrary, accessory dwelling units and carriage units shall be exempt from this section, including all demolition and design review procedures set forth herein.
B. 
Criteria. In addition to the requirements of Chapter 17.108 BMC, the development services director or historic preservation review commission, as the case may be, shall consider the proposed demolition, new construction, or alteration in the context of the adopted conservation plan and the architectural or historical value and significance of the site and structure in relation to the overlay district. These considerations shall include the visual relationship of proposed architectural design elements to the surrounding area, including scale, height, rhythm of spacing, pattern of windows and doorways, building siting and relationship to landscaping, roof pitch, architectural style, and structural details, materials, colors, and textures.
C. 
Required Findings. No demolition permit shall be issued for demolition of any historic structure within an H district or for demolition of a designated landmark without prior review and approval by the historic preservation review commission. Demolition permits for nonhistoric structures within the H district may be approved by the development services director. To assist any evaluation by the historic preservation review commission, the development services director shall submit a report and recommendation to the historic preservation review commission.
1. 
For Demolitions.
a. 
If, after review of the request for a demolition permit, the historic preservation review commission determines that the structure itself has historical, architectural or cultural interest or value, the commission may withhold approval for demolition for 180 days (from the date of commission action) or until environmental review is completed, whichever occurs later.
During the 180 days, the historic preservation review commission may direct the development services department to consult with recognized historic preservation organizations and other civic groups, public agencies and interested citizens; 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.
At the end of the 180-day period, the demolition permit shall be issued if environmental review determines there will not be a significant impact on the environment and all requirements of this title are met or, if there may be substantial environmental damages, that specific economic, social or other considerations make infeasible the mitigation measures or alternatives identified during environmental review.
b. 
If, after review of the request for a demolition permit, the historic preservation review commission determines that the building or structure has no substantial historical, architectural, or cultural interest or value, a building permit for demolition may be issued.
2. 
For New Construction or Alterations. The director or the commission shall not grant design approval for new construction or alterations unless it finds that the proposed new construction or alteration will be compatible with and help achieve the purposes of the H district.
3. 
For Removal or Alteration of Certain Landscape Materials. The director's or commission's approval shall be required for removal or alteration of landscape materials identified as significant resources by the historic district conservation plan. Removal or alteration of such landscape materials shall require a finding that the proposed removal or alteration will not affect the character of the H district, or that the safety of persons or property requires the removal or alteration. No provisions of this subsection shall be construed as restricting routine maintenance of landscape materials.
D. 
Economic Hardship Waiver. If an applicant for design concept or design approval presents evidence of inability to meet the cost of complying with a condition of approval, the director or the commission may grant the approval with the requirement that all conditions be met within a period of up to five years. If such conditions are not met within five years, the property owner shall be subject to the enforcement provisions of Chapter 17.128 BMC.
E. 
Effective Date – Appeals. Decisions of the director or commission shall be final on the tenth business day after the date of the decision, unless appealed in accordance with Chapter 1.44 BMC.
(Ord. 87-4 N.S., 1987; Ord. 93-1 N.S. § 5, 1993; Ord. 07-59 § 2; Ord. 13-07 § 2; Ord. 20-07 § 3; Ord. 25-09 §§ 3, 4)
All property owners in H districts and owners of designated landmarks shall have the obligation to maintain structures and premises in good repair. Structures and premises in good repair shall present no material variance in apparent condition from surrounding structures in compliance with the provisions of this chapter. Good repair includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and prevents deterioration, dilapidation, and decay of the exterior portions of the structure and premises.
(Ord. 87-4 N.S., 1987)