The purpose of this chapter is to promote the historic, educational, cultural, architectural, economic and general welfare of the public, and to safeguard the city's historic and cultural heritage through the identification, preservation and protection of structures, site, objects and districts of cultural interest within the city. (Ord. 1469, 2018)

   A.   Foster community pride and a sense of cultural identity.

   B.   Strengthen the city's economy by enhancing property values and enhancing the historic and cultural resources for tourists, visitors and residents and to serve as a support and stimulus for business and industry.

   C.   To encourage public knowledge, understanding and appreciation of the city's history and culture.

   D.   To facilitate and encourage restoration and maintenance of historic buildings, structures, or other physical objects and geographical areas.

   E.   To preserve diverse architectural styles reflecting periods of the city's historical and architectural development, and to encourage complementary design and construction impacting historic development.

   F.   To identify and resolve conflicts between the preservation of historic and cultural resources and alternative land uses.

   G.   To integrate the management of historic and cultural resources into public and private land management and development processes.

   H.   To provide an additional means to implement the mandates of Statewide Planning Goal 5 and the Comprehensive Plan policies relating to historic resources.

   I.   To recognize the importance of historic transportation corridors (railroad venue and 99-E, Road of a Thousand Wonders, Territorial and Market roads) and waterways (Willamette and Molalla Rivers) to the origin and development of the Canby community. (Ord. 905, 1994)

(Ord. 905, 1994; Deleted by Ord. 1061, 2000)

For purposes of Division X, the following definitions apply. Terms not defined can be assumed to go by their commonly construed meaning.

   Alteration . Changes to the exterior of a Landmark or Contributing Resource; minor being that which does not change the existing appearance or material, or which duplicates or restores the affected exterior features and materials, as determined from historic photographs or other evidence of original features or materials; major being that which does change the existing material or appearance. (See section 16.110.080)

   Building Code . State of Oregon Structural Specialty Code (Commercial Code); or state of Oregon One and Two Family Dwelling Code (Residential Code)

   Heritage and Landmarks Commission . An appointed committee of volunteers who are each experts in some aspect of historic preservation and who review all designations, alterations, demolitions and other activities involving historic resources. (See section 16.110.025) (Ord. 1469, 2018)

   Certificate of Appropriateness . An official permit which indicates approval of all proposed alterations, construction, and development affecting designated landmarks or districts. This is in addition to the normal building permit. (see section 16.10.080).

   Conflicting Use . Development or redevelopment planned for a property which may result in demolition, alteration or moving of a Landmark or Contributing Resource.

   Corridor . See Historic Corridor.

   Council . Canby's City Council.

   Demolish . Raze, destroy, dismantle, deface or, in any other manner, cause partial or total destruction of a Contributing Resource or Landmark. (See section 16.110.075)

   Design review. Review of proposed alterations subject to the procedures and criteria set forth in section 16.110.080 for compliance with the Secretary of the Interior’s Standards for Rehabilitation and additional criteria for consideration established in section 16.110.080.E. (Ord. 1584, 2022)

   Eligible/Significant. A building, structure, object or site originally constructed within the applicable period of significance that retains and exhibits sufficient integrity (location, design, setting, materials, workmanshio, feeling and association) to convey a sense of history. These properties strengthen the historic integrity of an existing or potential historic district and are likely individually eligible for listing in the Local Landmark Registry. (Ord. 1584, 2022)

   Exceptional Significance. The quality of historic significance achieved outside the usual norms of age, association or rarity.  (Ord. 1584, 2022)

   Heritage and Landmarks Commission. The entity created through and with the responsibilities identified in section 16.110.025. (Ord. 1584, 2022)

   Historic Corridor . A linear shaped grouping of properties, sites, trail, roadway, rail corridor, landscape corridor, or waterway, associated with events that have made a significant contribution to the broad patterns of our history.

   Historic District . Includes contiguous or non-contiguous districts or corridors. A contiguous district is a geographically defined area composed of structures, sites and objects classified as Landmarks, Contributing Resources and non-contributing resources. A non-contiguous district is a non-geographically related collection of landmark quality structures, sites and objects which have a common builder, style, theme, or other relationship. May be referred to as a district within the ordinance. (See section 16.110.045)

   Historic Integrity. The quality of wholeness of historic location, design, setting, materials, workmanship, feeling, and/or association of a historic resource, as opposed to its physical condition. (Ord. 1584, 2022)

   Historic Landmark . Any building, site, object, or structure and the property surrounding it designated under this division as historically, architecturally, or environmentally significant. May be referred to as landmark within ordinance. (See section 16.110.040)

   Historical Protection Overlay Zone . Specific zoning that is additional to base zone as per section 16.36. The Historical Protection Overlay Zone is applied to each property designated as a Historic Landmark or District, unless the City Council denies such zoning (See section 16.110.045).

   Historic Resource . A building, structure, object, site, or district that is at least fifty (50) years old or is of exceptional significance and potentially meets the age, integrity, and significance criteria for listing in the Register of Historic Landmarks and Historic Districts or the National Register of Historic Places, but may not necessarily be recorded in the Historic Resource Survey. (Ord. 1584, 2022)

   Historic Resource of Statewide Significance. A building, structure, object, site, or district that is listed on the National Register of Historic Places.

   Historic Significance. The physical association of a building, structure, site, object, or district with historic events, trends, persons, architecture, or method of construction, or; that have yielded or may yield information important in prehistory or history. (Ord. 1584, 2022)

   Inventory of Historic Resources. The record of buildings, structures, objects and sites recorded in the Oregon Historic Sites Database within the City of Canby, used to identify historic resources. (Ord. 1584, 2022)

   Moving . Relocating a historic resource from its original location noted in the Record of Designation. (Ord. 1584, 2022)

   National Register of Historic Places. The nation’s official list of buildings, structures, sites, objects, and districts important in the nation’s history and maintained by the National Park Service in Washington, D.C., and hereinafter referred to as the “National Register.” Historic resources listed in the National Register are referred to as “Historic Resources of Statewide Significance” in Oregon Revised Statutes. (Ord. 1584, 2022)

   Non-contiguous District . see Historic District.

   Non-contributing Resource . A building, structure, object, or site originally constructed within the applicable period of significance that does not retain or exhibit sufficient integrity (location, design, setting, materials, workmanship, feeling and association) to convey a sense of history. These properties do not strengthen the historic integrity of an existing or potential historic district in their current condition. (Ord. 1584, 2022)

   Not in Period. A building, structure, object or site that was originally constructed outside the applicable period of significance. (Ord. 1584, 2022)

   Planning Director . Person holding the position of Planning Director for the City of Canby, or their designated representative. (Ord. 905, 1994; Ord. 1061, 2000) The city official responsible for the administration of this ordinance. (Ord. 1584, 2022)

   Object. A construction that is largely artistic in nature or is relatively small in scale and simply constructed in comparison to buildings or structures, including a fountain, sculpture, monument or milepost, etc. (Ord. 1584, 2022)

   Ordinary Maintenance. Activities that do not remove materials or alter qualities that make a historic resource eligible for listing the Local Landmark Register, including cleaning, painting (when color is not specifically noted in the Landmark’s Record of Designation), and a limited replacement of siding, trim and window components when such material is beyond repair and where the new piece is of the same size, dimension, material and finish as that of the original historic material. Excluded from this definition is the replacement of an entire window or sash or more than twenty (20) percent of the siding or trim on any one side of a Landmark at any one time within one (1) calendar year. (Ord. 1584, 2022)

   Period of Significance. The time period, from one to several years or decades, during which a Landmark was associated with an important historic event(s), trend(s), person(s), architecture, or method(s) of construction. A Landmark may have more than one period of significance to encompass multiple historic associations. (Ord. 1584, 2022)

   Record of Designation. The official document created by the Heritage and Landmarks Commission that describes how a Landmark meets the criteria for listing in the City of Canby Register of Historic Landmarks and Historic Districts. (Ord. 1584, 2022)

   Register of Historic Landmarks and Historic Districts. The list of historic resources officially recognized by the City of Canby as important to in its history and afforded the protection under this Ordinance. The register is administered by the Heritage and Landmarks Commission per section 16.110.040 consisting of all properties so designated by the City Council. (Ord. 1584, 2022)

   Rehabilitation. The process of returning a Landmark to a state of utility through repair or alteration, which makes possible an efficient use while preserving those portions and features of the Landmark and its site that convey its historic significance. (Ord. 1584, 2022)

   Site. The location of a significant event, prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of any existing building, structure, or object. (Ord. 1584, 2022)

   Structure. A functional construction made usually for purposes other than creating human shelter, such as an aircraft, bridge, fence, dam, tunnel, etc. (Ord. 1584, 2022)

   Streetscape. The physical parts and aesthetic qualities of a public right-of-way, including the roadway, gutter, tree, lawn, sidewalk, retaining walls, landscaping and building setback. (Ord. 1584, 2022)

For the purpose of this ordinance, the decisions regarding alterations to Historic Landmarks and recommendations for designation of Historic Landmarks or Districts, shall be accomplished by a City of Canby Heritage and Landmarks Commission. (Ord. 1469, 2018)

   A.   Appointment and Composition. The City Council shall appoint seven (7) individuals with a demonstrated positive interest, knowledge, or competence in historic preservation. An additional non-voting member shall be a High School Student, residing within the Canby School District boundary. To the extent possible, individuals chosen to serve on the Heritage and Landmarks Commission shall represent the disciplines listed in The Secretary of the Interior’s Proposed Historic Preservation Qualification Standards. A majority of Heritage and Landmarks Commission voting members shall reside or work inside Canby’s Urban Growth Boundary. (Ord. 1369, 2013; Ord. 1435 2016; Ord. 1469, 2018)

   Members are appointed by the City Council upon recommendation by the Committee Chairperson and assigned Council Liaison. The Mayor may vote only to break a tie, if necessary. Any Heritage and Landmarks Commission member failing to attend three (3) consecutive meetings without approval of the Heritage and Landmarks Commission Chairperson may be removed by the Council and a new member appointed to complete the unexpired term. Heritage and Landmarks Commission members serve at the pleasure of the City Council and are subject to removal at any time by the Council with or without cause. (Ord. 1369, 2013; Ord. 1469, 2018)

   B.   Terms of Service. The members of the Heritage and Landmarks Commission shall be appointed for three (3) years, and may be reappointed or removed at the discretion of the City Council. The High School Student’s term shall end upon graduation. (Ord. 905, 1994; Ord. 1061, 2000; Ord. 1369 2013; Ord. 1369, 2013; Ord. 1469, 2018)

   C.   Officers. Each year at the first meeting the Heritage and Landmarks Commission shall select a Chairperson and Vice-Chairperson who shall serve for a term of one (1) year.

   D.   The Heritage and Landmarks Commission shall meet at least four (4) times a year, and as required to conduct business in a timely fashion. Notice of the meetings shall be in accordance with applicable state law. Meeting minutes, applications for Certificates or Appropriateness, Landmark nominations, records of designation, staff reports and decisions of the Heritage and Landmarks Commission shall be created and maintained as public records in accordance with applicable local state laws. (Ord. 1584, 2022)

   E.   A simple majority of the members of the Heritage and Landmarks Commission shall constitute a quorum. The concurring vote of the members present shall be required for approval or disapproval of any motion or other action of the Heritage and Landmarks Commission. (Ord. 1584, 2022)

It is the responsibility of the Heritage and Landmarks Commission to ensure that the purposes of this section are implemented, and to perform the following duties (Ord. 1469, 2018):

   A.   Adopt rules to govern its deliberations and decisions, including a method to record its proceedings.

   B.   Carry out the duties described for it in this ordinance and assist the Planning Director, Planning Commission and City Council on historic preservation matters (Ord. 1469, 2018).

   C.   Maintain and update an inventory of historic resources within the city, as provided under section 16.110.035.

   D.   Review and render decisions on all proposals to alter the exterior of a Historic Landmark or contributing resource within a designated Historic District subject to the procedures and criteria set forth in section 16.110.080. (Ord. 1584, 2022)

   E.   Review and make recommendations on application of the Historical Protection Overlay Zone, as provided under section 16.110.045.

   F.   Review and render decisions on proposals to alter the exterior of a Historic Landmark subject to the procedures and criteria set forth in section 16.110.080.

   G.   Review and render decisions on all proposed new construction subject to a building permit on property where a Historic Landmark is locatiod or within a Historic District, subject to the procedures and criteria set forth in section 16.110.080. (Ord. 1584, 2022)

   H.   Review all requests for demolition of a historic landmark or contributing resource, as provided under section 16.110.075.

   I.   Review and make recommendations to the Planning Commission on all Conditional Use applications under section 16.38.

   J.   Review and make recommendations on all partitions and subdivisions of designated properties, as provided under section 16.110.085.

   K.   Disseminate information to educate the public as to local, state and federal laws protecting antiquities and historic places.

   L.   Act as consultant for local preservation groups, educational workshops, signage and monumentation projects, and other similar projects.

   M.   Advise interest groups, agencies, boards, commissions, and citizens on matters relating to historic preservation within the city.

   O.   The Heritage and Landmarks Commission shall support the enforcement of all state laws relating to historic preservation. (Ord. 905, 1994; Ord. 1061, 2000; renumb., mod. by Ord. 1584, 2022)

The Heritage and Landmarks Commission may collect further information including, but not limited to, current photographs, architectural descriptions based on on-site observations, or archival documentation for properties already listed in the City of Canby Register of Historic Landmarks and Historic Districts or National Register for the purposes of administering this Ordinance pursuant to the provisions of this Section. (Orig. section del., repl. by Ord. 1584, 2022)

   A.   The Heritage and Landmarks Commission shall maintain a register of Historic Landmarks and Historic Districts, consisting of all properties so designated by the City Council. (Ord. 1469, 2018)

   B.   The three structures already designated under the Historic Overlay provisions in 1984, by Ordinance No. 742, are hereby added to the Register of Historic Landmarks.

   C.   Designated Historic Landmarks and Historic Districts shall have the Historical Protection Overlay Zone applied to them unless the City Council finds that such zoning is not appropriate to a specific piece of property. (Orig. section del., repl. by Ord. 1061, 2000)

   A.   Anyone may initiate the City’s Historic Landmark or Historic District designation procedure. (Ord. 1469, 2018; Ord. 1584, 2022)

   B.   No property shall be designated without the written consent of the owner, or, in the case of multiple ownership, a majority of the owners. If the owner or owners refuse to consent to designation at any point during the designation process, the property shall be removed from any form of consideration for local designation. (Renumb., mod. by Ord. 1584, 2022)

   C.   The Planning Director shall establish standards for a complete application and may require a pre-application conference. Upon acceptance of a complete application, the Planning Director shall schedule a public hearing pursuant to applicable state laws.

   D.   After review, notice and public hearing, as specified in section 16.110.050, the Heritage and Landmarks Commission shall make a decision on the City’s Historic Landmark or Historic District designation. In addition the Heritage and Landmarks Commission shall make a recommendation to the Canby Planning Commission and City Council for assignment of the Historical Protection Overlay Zone. (Ord. 1469, 2018; renumb., mod. by Ord. 1584, 2022)

   E.   The Heritage and Landmarks Commission shall develop a record of designation describing how the Landmark meets the criteria for listing in the City of Canby Register of Historic Landmarks and Historic Districts. This record shall indicate the period of significance and those elements of a property or district that are included in the designation and subject to regulation under the provisions of this Ordinance. A list of contributing resources shall be identified upon creation of a historic district. (Ord. 1469, 2018 ; renumb., mod. by Ord. 1584, 2022 )

   F.   Upon receipt of the record of the Heritage and Landmarks Commission proceedings and the recommendation of the Heritage and Landmarks Commission, the Planning Commission shall conduct a review of that record and shall make a recommendation to the City Council on the overlay zone designation. The City Council shall conduct a review of the records of both the Heritage and Landmarks Commission and Planning Commission and shall vote to approve, deny, or approve subject to modifications the recommendation that has been forwarded to them. The Planning Commission and City Council may, but are not required to, hold new public hearings on the matter. (Ord. 905, 1994; Ord. 1061, 2000; Ord. 1111, 2003; Ord. 1469, 2018; Ord. 1584, 2022; renumb., mod. by Ord. 1584, 2022 )

   G.   Historic resources within the corporate boundaries of the City of Canby and listed in the National Register, including all National Register-listed historic districts in their entirety, may be listed in the City of Canby Register of Historic Landmarks and Historic Districts using the procedures outlined in Section 16.110.045, but need not be documented as outlined in Section 16.110.55. In such cases, the National Register nomination shall serve as the Record of Designation. As Historic Resources of Statewide Significance, all National Register-listed properties, including individual properties in recognized National Register-listed historic districts, are subject to the regulations in Section 16.110.75, pursuant to Oregon State Law. (Ord. 1584, 2022)

   A.   Review of any application pursuant to this chapter shall follow procedures set forth in Canby Ordinance Chapter 16.89.

   B.   The Heritage and Landmarks Commission shall follow the public hearing procedures found in ordinance section 16.88.130(C) and the notice requirements of ordinance section 16.88.130 (D) when reviewing the following applications (Ord. 1469, 2018):

      1.   Designation of a Historic Landmark or Historic District;

      2.   Modification of a Historic District boundary;

      3.   Demolition or moving of a Historic Landmark or Contributing Resource;

      4.   Alterations subject to the Heritage and Landmarks Commission review. (Ord. 1469, 2018)

      5.   New construction subject to the Heritage and Landmarks Commission review. (Ord. 1469, 2018)

   C.   The Planning Director shall apply the criteria of this ordinance when reviewing:

      1.   Minor alterations subject to the Planning Director's jurisdiction (see section 16.110.020, definition of Alterations.)

      2.   Lot line adjustments which occur on or to a Landmark or within a Historic District.

   D.   All other historically related administrative actions for which the Planning Director has decision making authority shall be subject to the review procedures provided in section 16.89.

   E.   The Planning Commission shall receive notice of all public hearings held by the Heritage and Landmarks Commission (Ord. 905, 1994; renumb., mod. by Ord. 1061, 2000; Ord. 1080, 2001; Ord. 1469, 2018; renumb., mod. by Ord. 1584, 2022)

      2.   There is historical, architectural, cultural and/or environmental significance.

         d.   It contributes to the continuity or historic character of the street, neighborhood and/or community. (Ord. 905, 1994; renumb., mod. by Ord. 1061, 2000; Ord. 1584, 2022 )

   A.   Permits Required. Any alteration or relocation of a Historic Landmark shall be subject to the applicable regulations under the Building Code.

   B.   Waivers. Except for 1-2 family structures, as provided in section 104(f) of the Uniform Building Code, repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation or continued use of a Historic Landmark, or building within a Historic District or Historic Corridor, may be made without conformance to all the requirements of the Uniform Building Code when authorized by the Building Official, provided:

      1.   Any unsafe conditions as described in the Uniform Building Code are corrected;

      2.   The restored building or structure will be no more hazardous, based on life safety, fire safety, and sanitation, than the existing building; and

      3.   The Building Official seeks the advice of the Heritage and Landmarks Commission and/or the Oregon State Historic Preservation Officer. (Ord. 1469, 2018)

   C.   Alterations of Landmarks and Contributing Resources to provide handicap access, as approved by the Building Official with advice from the Planning Director and Heritage and Landmarks Commission, shall be allowed. To the extent practical, the design of the alteration shall be discreet and preserve the historic features upon which the designation is based. (Ord. 1469, 2018)

   D.   Modifications to certain regulations. As pertains to designated properties, the Planning Commission may modify the Land Development and Planning Code regulations pertaining to signs, fence and wall provisions, general provisions regarding height, yards, area, lot width, frontage, depth, coverage, number of off-street parking spaces required, and regulations prescribing setbacks, if the modifications:

      1.   Are necessary to preserve the historic character, appearance or integrity of the proposed Historic Landmark, and

      2.   Are in accordance with the purposes of the zoning and sign regulations.

   The Heritage and Landmarks Commission shall make recommendations to the Planning Commission on such matters. (Ord. 1469, 2018)

   E.   Appeals. In the case of appeals related to the application of the Uniform Building Code to a Historic Landmark, or building within a Historic District, the City Council or the appropriate Local or state appeals board shall seek the advice of the state Historic Preservation Officer. (Ord. 905, 1994; Ord. 1061, 2000; Ord. 1584, 2022)

   B.   Prior to submittal of a request for moving or demolition, a preservation plan is required.

      1.   The applicant shall prepare and submit a plan for preservation of the Landmark or Contributing Resource. A pre-application conference shall be scheduled to allow the applicant and staff to discuss the proposal, the preservation plan requirements, and the applicable criteria. The plan shall be reviewed by the Heritage and Landmarks Commission. (Ord. 1469, 2018)

      2.   The Preservation Plan shall include a narrative describing how the applicant will accomplish all of the following:

         a.   The resource shall be advertised in the local, regional and historic preservation newspapers of general circulation in the area, once per week during the pre-application period.

         b.   A city-provided sign shall be placed on the property informing the public of intended action which will remove or demolish the structure. The sign shall remain on the property until a permit is issued.

         c.   Information will be prepared and made available, related to the history and sale of the property, to all who inquire.

         d.   The proposed plan for the new use of the Historic Landmark site shall be provided.

         e.   A record of the parties who have expressed an interest in the structure shall be provided and, to ensure that an adequate effort has been made to secure a relocation site, a list of locations and owners who have been contacted regarding purchase of a relocation site shall be provided.

      3.   Following receipt of the preservation plan, the Planning Director shall review and approve said plan and shall issue a media release to local newspapers of general circulation. The media release shall include, but not be limited to, a description of the significance of the Historic Landmark, the reasons for the proposed demolition or removal, and the possible options for preserving the Historic Landmark.

   C.   Moving or Demolition Permit. No building designated as a Historic Landmark or Contributing Resource within a Historic District shall be intentionally moved unless such action is approved by the Heritage and Landmarks Commission. No building designated as a Historic Landmark or Contributing Resource within a Historic District shall be intentionally demolished unless such action is approved by the City Council. Application for permit to move or demolish such a building shall be made to the Planning Director. (Ord. 1469, 2018)

   D.   Public Hearing Review. The Heritage and Landmarks Commission shall hold a public hearing under provisions and procedures in Subsection 16.110.050, to review the request to move, demolish or destroy a Historic Landmark or Contributing Resource within a Historic District. The Heritage and Landmarks Commission shall make a final decision on applications to move a Landmark or Contributing Resource and shall make a recommendation to the City Council on demolitions. The Heritage and Landmarks Commission shall make written findings supporting its decision to approve or suspend the request. The burden of proof lies with the applicant. For demolition applications, the City Council shall review the record and findings of the Heritage and Landmarks Commission and make a final decision. The Council may, but is not required to, hold a public hearing on the matter. (Ord. 1469, 2018)

   E.   Moving a Historic Landmark or Contributing Resource. In order to allow the moving of a Historic Landmark or Contributing Resource, the Heritage and Landmarks Commission shall consider the following (Ord. 1469, 2018):

      1.   Relocation is the only alternative for preservation of the Historic Landmark or Contributing Resource;

      2.   The proposed relocation site will not greatly reduce the historical and/or architectural significance of the Historic Landmark or Contributing Resource; the site is a contextually appropriate setting; it is within the city and preferably within the neighborhood within which it is currently located;

      3.   The designated resource cannot reasonably be used in conjunction with the proposed use;

      4.   The continued location of the Landmark or Contributing Resource on the proposed development site precludes development on the site which would provide a greater community benefit;

      5.   The designated Landmark or Contributing Resource is structurally capable of relocation;

      6.   If the Landmark or Contributing Resource is relocated within the city, the owner of the relocation site agrees, as a condition of the purchase agreement, to apply within ninety (90) days of relocation, to the city for designation as a Historic Landmark, to be protected under the provisions of this ordinance;

      7.   The loss of the Landmark or Contributing Resource will not affect the integrity of a Historic District; and adequate effort has been made to seek a relocation site within the Historic District.

   F.   Demolition of a Historic Landmark or Contributing Resource. In order to allow the demolition of a Landmark or Contributing Resource, the Heritage and Landmarks Commission and City Council shall consider the following (Ord. 1469, 2018):

      1.   All plans, drawings, and photographs submitted by the applicant; and,

      2.   Information presented at the public hearing concerning the proposed work proposal; and,

      3.   The Canby Comprehensive Plan; and

      4.   The purposes of this ordinance as set forth in section 16.110.010; and

      5.   The criteria used in the original designation of the Historic Landmark or Historic District in which the property under consideration is situated; and,

      6.   The historical and architectural style, the general design, arrangement, materials of the structure in question, or its appurtenant fixtures; the relationship of such features to the other buildings within the district or corridor; and the position of the building in relation to public rights-of-way and to other buildings and structures in the area; and,

      7.   The effects of the proposed work upon the protection, enhancement, perpetuation and use of the district or corridor which cause it to possess a special character or special historical or aesthetic interest or value; and,

      8.   Whether suspension of the permit will involve substantial hardship to the applicant, and whether approval of the request would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this ordinance; and,

      9.   When applicable, the findings of the Building Official in determining the status of the subject building as a dangerous building under section 15.16 of the Municipal Code, and the feasibility of correcting the deficiencies to meet the requirements of the City Council rather than demolishing the building.

   G.   Approval of Moving or Demolition Request/Appeals. The Heritage and Landmarks Commission or City Council may approve the moving or demolition request in consideration of the provisions under 3 and 4, above. The action of the Heritage and Landmarks Commission shall be transmitted to the applicant in writing within ten (10) days of the decision on the request, and shall be final after a period of fifteen (15) days from the date of the letter and findings approving the request, unless a notice of appeal is filed by any aggrieved party, pursuant to section 16.89. (Ord. 1469, 2018)

   H.   Suspension of Moving or Demolition Permit Request. The Heritage and Landmarks Commission may suspend the request for moving or demolition of a Historic Landmark or Contributing Resource if it determines that in the interest of preserving historic values for public benefit, the building should not be moved or demolished. Written findings supporting the suspension of the request shall be transmitted to the applicant within ten (10) days of the final public hearing on the request. (Ord. 1469, 2018)

   I.   Stay of Moving or Demolition. If the moving or demolition request is suspended by the Heritage and Landmarks Commission, the written finding supporting the action to suspend the request shall be transmitted to the Planning Director, along with a request that the enforcement of any applicable notice and order of the building official be stayed during the pendency of an appeal, or for a period of not more than sixty (60) days from the date of the letter and findings supporting the suspension. During this stay of demolition period, the following actions may be taken (Ord. 1469, 2018):

      1.   The Fire Marshal, Chief of Police, or the City Council designee, may require the owner or other party responsible for the subject building to take appropriate actions, other than demolition, to protect the public from hazardous conditions associated with the building.

      2.   The applicant may be required by the Heritage and Landmarks Commission to continue to carry out the Preservation Plan (Section 16.110.075 (2)) activities through the entire stay of moving or demolition. (Ord. 1469, 2018)

      3.   The Heritage and Landmarks Commission may research programs or projects underway which could result in public or private acquisition of the subject building and site, and assess the potential for the success of these programs or projects. (Ord. 1469, 2018)

         a.   If the Heritage and Landmarks Commission determines that there is reasonable grounds to believe that such program or project may be successful, it may extend the suspension period up to thirty (30) additional days per extension, not to exceed more than a total of 120 days from the date of the letter and finding suspending the request. (Ord. 1469, 2018)

         b.   If the Heritage and Landmarks Commission determines that all such programs or projects are unlikely to be successful, and the applicant has not withdrawn his application for a demolition permit or taken appropriate alternative action to correct the hazards associated with the subject building as provided in a notice and order of the City Council, then at the end of the stay of demolition period, the building official may, with advice of the Planning Director, issue such permit, subject to all other applicable codes and ordinances. (Ord. 1469, 2018)

   J.   Appeal of Stay of Demolition. Action of the Heritage and Landmarks Commission in suspending issuance of the permit for demolition may be appealed by the applicant, to the City Council, within fifteen (15) days of the date of the written findings suspending the demolition permit, by filing a notice of appeal, as provided in section 16.88.140. (Ord. 1469, 2018)

   K.   Documentation Required. When moving or demolition is imminent, whether by direct approval or if efforts during the Preservation Plan and Stay of Demolition are unsuccessful, the following complete documentation of the structure(s) is required to be submitted to the Planning Director by the applicant, or access allowed to a designee of the Heritage and Landmarks Commission (Ord. 1469, 2018):

      1.   Floor plans, to scale, of the structure(s) and related structures.

      2.   Site plan, to scale, showing surrounding roadways, landscaping, natural features, structure(s) and related structure(s).

      3.   Photographs of all exterior elevations.

      4.   Photographs of architectural detail not shown in elevation photographs.

      5.   The Historic Preservation League of Oregon, Canby Heritage League, Old Home Forum, and any other local preservation group shall be given written notice of the opportunity to salvage and record the resource. A copy of such notice shall also be given to the Planning Director.

   L.   Moving or Demolition Permit Issuance. A moving or demolition permit for a Landmark found to comply with all provisions set forth in Division 10 of this ordinance shall not be issued until all development permit applications for the new use or development have been approved by the city. (Ord. 905, 1994; Ord. 1061, 2000)

   B.   Application Requirements. In addition to any normally required building permits, a Certificate of Appropriateness is required. Prior to formal application, a pre-application conference between the applicant and Planning Director shall occur. All applications for alterations and development made pursuant to this section shall include:

      1.   The applicant's name and address.

      2.   The owner's name(s) and address.

      3.   A detailed explanation of proposed alterations.

      4.   A written description of the location of the site and, if applicable, boundaries of the Historic District. (Ord. 1584, 2022)

      5.   A map illustrating the location of the site and, if applicable, boundaries of the District.

      6.   A list of exterior materials pertinent to the application request.

      7.   Drawings:

         a.   Side elevation for each side of any affected structure,

         b.   Shall indicate dimensions and be to scale,

         c.   Photographs may be used in lieu of drawings for small projects.

   Site plan showing relationship of structure(s) to roadways, parking areas, access drives, landscape features, plant materials, fences and other pertinent elements, drawn to scale.

   C.   Maintenance. The normal responsibilities of the property owner to care, repair and replace with like materials can be done without formal review. Normal maintenance may include, but not be limited to:

      1.   Painting and related preparation of the structure.

      2.   Repair and/or replacement of roofing materials with the same kind existing.

      3.   Ground care and maintenance required for the permitted use on the property.

      4.   Replacement of fences, shrubs or other yard fixtures or landscaping with like type or style.

      5.   Existing materials may be replaced in-kind, of either building or grounds because of damage or decay of materials.

      6.   Installation and maintenance of irrigation systems.

   D.   Minor Alterations. The Planning Director shall determine the status of a proposed alteration. While the following improvements may not always require a regular building permit, minor alterations shall always be reviewed and approved by the Planning Director, who may consult with the Heritage and Landmarks Commission, or any member thereof, in applying the provisions of this section. A Certificate of Appropriateness is required for minor alterations. An alteration shall be considered minor when the result of the proposed action is to restore portions of the exterior to the original historic appearance while performing repairs, such as (Ord. 1469, 2018):

      1.   Addition of gutters and downspouts (suggest repair of built-in, wooden, or half-round gutters and round downspouts).

      2.   Repairing or providing a compatible new foundation that does not result in raising or lowering the building elevation.

      3.   Change in material to match original type of material on the structure or grounds.

      4.   Change in type of roof material in character with the original roofing material.

      5.   Replacement of storm windows or doors with wooden, dark anodized, clad or painted in compatible color.

   E.    New Construction or Major Alterations Criteria. The Heritage and Landmarks Commission shall review all proposed new construction and alterations which exceed a minor status. A request for a new construction or alteration permit under this provision shall be made on the appropriate application form provided by the Planning Department. Review and approval of an application shall consider the following Secretary of the Interior's Standards for Rehabilitation (Ord. 1469, 2018):

      1.   A property shall be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships. (Ord. 1584, 2022)

      2.   The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features and spaces and special relationships 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 historic properties, shall not be undertaken.

      4.   Changes to properties that have acquired historic significance in their own right shall be retained and preserved.

      5.   Distinctive materials, features, finish 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, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.

      7.   Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.

      8.   Archeological resources affected by a project shall be protected and preserved in place. 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, features, and special relationships that characterize the property. The new work shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale, and proportion and massing, 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, including historic plant materials, and its environment would be unimpaired. (Additional Criteria for Consideration)

      11.   The location and orientation of the new structure on the site is consistent with the typical location and orientation of similar structures on the site or within the District or Corridor, considering setbacks, distances between structures, location of entrances and similar siting considerations.

      12.   Changes to yard areas including planters, fences, ponds, walkways and landscape materials, should be compatible with the overall historic setting. (Ord. 905, 1994; Ord. 1061, 2000; Ord. 1584, 2022)

The Heritage and Landmarks Commission shall review and make recommendations, as soon as possible, to the Planning Commission, on all proposed partitions or subdivisions of sites designated as a Landmark or located within a Historic District. The Planning Director shall transmit applications to the Heritage and Landmarks Commission as soon as possible. Review of proposed subdivisions or partitions shall be based on the following criteria (Ord. 1469, 2018):

   A.   The partition or subdivision does not allow a significant feature of the original site, as identified in the designation action and inventory, to be located on a separate site from the Landmark.

   B.   The partition or subdivision allows adequate setbacks from Landmark improvements to provide for buffering and mitigation of impacts associated with development of the new parcels. Such special required setbacks shall be indicated on the plat or partition or in deed covenants.

   C.   Yard and landscaped areas including large trees and shrubs associated with the Historic Landmark structure shall be retained with the structure whenever possible. (Ord. 905, 1994)

   A.   Economic.

      1.   The Planning Director or Heritage and Landmarks Commission shall provide all applicants and interested parties with details regarding monies available from national, state, county, and local sources. (Ord. 1469, 2018)

      2.   The city shall explore and consider the feasibility and advisability of the adoption of economic incentives for the benefit of owners of historic resources (i.e. revolving fund, to offset hardship, buy endangered properties, offer low interest loans or grants, tax relief).

      3.   The city shall explore and consider property tax rebates for designated properties.

      4.   The city shall explore and consider Community Development Block Grants for rehabilitation of designated properties.

      5.   The city shall encourage the establishment of a mechanism for providing opportunities for:

      6.   Cooperative purchase of materials for improvement;

      7.   Assistance in application for National Register application; and

      8.   Facilitating loan and insurance availability for designated properties.

   B.   Educational.

      1.   The Planning Director shall provide owners of historic resources with the names of local, state, and national preservation organizations and pertinent publications.

      2.   All owners of historic resources shall be invited to attend an annual preservation workshop sponsored either by the city, or in partnership with other jurisdictions in the county and shall be made aware of their eligibility for and advantage of membership in the Historic Preservation League of Oregon.

      3.   The Heritage and Landmarks Commission members may provide design guidance (but not to be construed as free long-term design service). (Ord. 1469, 2018)

      4.   The Heritage and Landmarks Commission and the Planning Director shall work with Parks Development and local developers to feature historic themes at appropriate sites. (Ord. 1469, 2018)

   C.   Recognition.

      1.   The city shall provide all owners of designated Landmark properties with an appropriate certificate.

      2.   Consistent with the requirements of the Sign Code section 16.42, property owners of Historic Landmarks and Contributing Resources shall be encouraged to display a standard identifying sign, as available through local preservation organizations. (Ord. 905, 1994; renumb. by Ord. 1061; 2000)

A historic resource damaged or destroyed by unintentional means, to the extent that the cost of rebuilding damaged portions would exceed fifty (50) percent of the replacement value of the entire historic resource, may be removed from the Landmark status list by requesting such action of the City Council, and providing such proof as is necessary to establish that the requirements of this section are met. (Ord. 905, 1994)

No fees or deposits for applications, plan reviews, interpretations or any other action pursuant to this chapter, shall be established. (Ord. 905, 1994)

It shall be the duty of the Planning Director to enforce the provisions of this chapter and to insure compliance with conditions of approval or postponement. (Ord. 905, 1994)

Any person who fails to comply with, or who violates any provision of this chapter, except the demolition provisions of section 16.110.075, or who violates or fails to carry out the terms and conditions of any approval granted pursuant to this chapter, shall be subject to a fine of not less than $50.00 or more than $500.00 per violation. The demolition of a Landmark in violation of section 16.110.075 is punishable by a fine of not less than $500, nor more than $25,000. (Ord. 905, 1994; Ord. 1061, 2000)

All officials, departments and employees of the city vested with authority to issue permits or grant approvals shall adhere to and require conformance with this chapter, and shall issue no permit or grant approval for any development, alteration, moving or demolition which violates or fails to comply with conditions or standards imposed to carry out this chapter. Any permit or approval issued or granted in conflict with the provisions of this chapter, whether intentional or otherwise, shall be void. (Ord. 905, 1994)

Any development which occurs contrary to the provisions of this chapter or contrary to any permit or approval issued or granted hereunder is hereby declared to be unlawful and a public nuisance, and may be abated by appropriate proceedings.(Ord. 905, 1994)

Upon request of the city administrator, the City Attorney may institute an appropriate action in any court to enjoin the demolition, alteration or moving of any historic resources, or noncontributing resource or construction on or to any Landmark or within any Historic District which is in violation of any provision of this chapter. (Ord. 905, 1994)

Proof of a violation of this chapter or permit or approval issued or granted hereunder shall be deemed prima facie evidence that such violation is that of the owner of the property upon which the unlawful activity, condition, building, structure or other development exists. Prosecution, or lack thereof, of the owner of the property, the occupant, or other person in possession or control of the property shall not be deemed to relieve any other responsible person. (Ord. 905, 1994)

The rights, remedies and penalties provided in this chapter are cumulative, are not mutually exclusive, and are in addition to any other rights, remedies and penalties available to the city under any other provision of law. A person holding a city business license who violates the provisions of this chapter is also subject to a proceeding to consider revocation of the license pursuant to Code section 5.04, Business Licenses. (Ord. 905, 1994)

The Planning Director shall have the initial authority and responsibility to interpret all terms, provisions and requirements of this section. A request for an interpretation of this section shall be made in writing and may be appealed pursuant to section 16.110.145. The Planning Director may develop rules, regulations and procedures to aid in the implementation and interpretation of the provisions of this section. (Ord. 905, 1994; Ord. 1061, 2000)

   A.   Any person may appeal a decision of the Planning Director to the Heritage and Landmarks Commission. The appeal must be filed within fifteen (15) days of the written decision of the Planning Director. (Ord. 1469, 2018)

   B.   Any person may appeal a decision of the Heritage and Landmarks Commission within fifteen (15) days of the written decision of the Commission. The appeal will be heard by the City Council, pursuant to procedures set forth in Code section 16.89. (Ord. 905, 1994; Ord. 1061, 2000; Ord. 1469, 2018)

(Ord. 1061, 2000; del. by Ord. 1111, 2003)

(Renumb. to 16.110.090 by Ord. 1061, 2000)

(Ord. 905, 1994; Del. by Ord. 1061, 2000)

Any alteration of the three structures already designated under the Historic Overlay provisions in 1984, by Ordinance No.742, shall be reviewed under provisions of this chapter. (Tax Lot 6900 of Tax Map 3-1E-33CD; Tax Lot 1100 of Tax Map 3-1B-33CC; and Tax Lot 2600 of Tax Map 3-1E-33CC.) (Ord. 905, 1994)