This Article 8A to the Enterprise Land Use Ordinance (hereinafter "Historic Preservation Ordinance") provides a means to recognize and protect properties listed as city of Enterprise Historic Landmarks and Districts and to formally recognize and protect historic landmarks and districts under private and public ownership.

(Ord. No. 549, § 1, 11-12-2007)

This ordinance applies to the following:

(1)

To all historic resources that are designated as historic landmarks under the procedures set forth in the article;

(2)

To all properties in historic districts, designated either locally or nationally;

(3)

The list of historic structures in the inventory of historic sites, Appendix 4, Table 2 of the Enterprise Land Use Plan are not, by virtue of inclusion on such list, a historic landmark protected under this article. To be a historic landmark subject to the provisions of this article, a structure included on said list of historic structures must be designated as a historic landmark, pursuant to the procedures and criteria set forth in Section 8A.090; and

(4)

The provisions of Section 4.090 of the Enterprise Land Use Ordinance shall continue to apply to all structures on the list of historic structures in the inventory of historic sites, Appendix 4, Table 2 of the Enterprise Land Use Plan, until such time as such structure is designated as a historic landmark pursuant to this article or until such time as included in an historic district created pursuant to this article.

(Ord. No. 549, § 1, 11-12-2007)

The purpose of this ordinance is to promote the general welfare by safeguarding the city's heritage as embodied and reflected in its historic landmarks ro districts and to:

(1)

Provide for the identification, protection, enhancement and use of historic landmarks or districts within the city that reflect special elements of the city's architectural, archaeological, artistic, cultural, engineering, esthetic, historical, political, social and economic heritage;

(2)

Strengthen the economy of the city through the protection and enhancement of the city's historic landmarks and districts;

(3)

Encourage public education, understanding and appreciation of the city's history and culture;

(4)

Foster community and neighborhood pride and sense of identity based on recognition and use of historic landmarks and districts;

(5)

Protect and enhance the city's historic landmarks and districts for enjoyment and use by both residents and visitors;

(6)

Promote the continual use of historic landmarks, individually and within a district, without detrimentally affecting their significance; and

(7)

Carry out the provisions of the state's Land Use Planning Goal 5.

(Ord. No. 549, § 1, 11-12-2007)

The following definitions apply to the terms used in this Article 8A, terms not defined have their common meaning:

(1)

Alteration. An addition, removal or reconfiguration which significantly changes the character of a historic resource or designated landmark.

Minor Alteration. An alteration that does not affect the historical or architectural significance of a structure or building.

Major Alteration. An alteration that affects the historical or architectural significance of a structure or building.

(2)

Building. A structure made for purposes of shelter, occupation, enclosure or habitation by people, animals, chattel or property of any kind.

(3)

Demolition. The razing, destruction or dismantling of a designated landmark or historic resource to the degree that its historic character is substantially obliterated.

(4)

Designated Historic Landmark. A property officially designated in the city of Enterprise as important in its history based on the criteria contained in this article.

(5)

Designated Historic Landmarks Register. The list of, and record of information about, properties officially designated by the city of Enterprise as important in its history.

(6)

District. A geographically defined area possessing a significant concentration of buildings, structures, objects and/or sites which are unified historically by plan or physical development, e.g., downtown or residential neighborhood.

(7)

Extraordinary Historic Importance. The quality of historic significance achieved outside the usual norms of age, association or rarity.

(8)

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

(9)

Historic Resource. A building, structure, object, site or district which meets the significance and integrity criteria for designation as a landmark.

(10)

Historic Resources of Statewide Significance. Buildings, structures, objects, sites and districts which are listed on the National Register of Historic Places.

(11)

Inventory of Historic Resources. The record of information about resources potentially significant in the history of the city of Enterprise.

(12)

Object. A construction which is primarily artistic or commemorative in nature and not normally moveable or part of building or structure, e.g. statue, fountain, milepost, monument, sign, etc.

(13)

Relocation. The removal of a resource from its historic context.

(14)

Site. The location of a significant event, use or occupation which may include associated standing, ruined or underground features, e.g., battlefield, campsite, cemetery, natural feature, garden, etc.

(15)

Structure. Anything constructed or built, any edifice or building of any kind, or any pieces of work architecturally built or composed of parts joined together in some definite manner.

In the event any of the above terms are also defined in Section 1.030 of this ordinance, the definitions contained in this section shall apply to such terms in this Article 8A.

(Ord. No. 549, § 1, 11-12-2007)

1.

Creation. A city of Enterprise Historic Landmark Commission (hereinafter"Historic Landmark Commission") is hereby crated, with the composition, terms, powers and duties as set forth in this article.

2.

Composition. The Historic Landmark Commission shall be composed of five (5) members, all of whom shall be residents of Wallowa County, Oregon. The Chairperson of the Enterprise Planning Commission and one (1) other member of the Enterprise Planning Commission (to be appointed by a vote of the Planning Commission shall serve as ex-officio members of the Historic Landmark Commission. Three (3) members of the Historic Landmark Commission shall be appointed by the Enterprise City Council. When making such appointments to the Historic Landmark Commission, the city council shall consider individuals who have demonstrated a positive interest in historic preservation and to the best of the council's ability, consider those that have experience or special expertise or knowledge in the field of history, archaeology, architecture, the arts, historic preservation, culture, planning, landscape architecture, business, real estate, law, government, engineering other related trades.

3.

Terms. The terms of the members of the Historic Landmark Commission (hereinafter "Landmark Commissioners") are as follows:

(a)

The term of the Chairperson of the Enterprise Planning Commission shall be co-extensive with that Landmark Commissioner's term as Chairperson of the Enterprise Planning Commission. In the event such commissioner resigns or is replaced as Chairperson of the Enterprise Planning Commission, the new Chairperson of the Enterprise Planning commission shall serve as ex-officio member of the historic Landmark Commission, effective on the date of election as Planning Commission Chairman.

(b)

The term of the Landmark Commissioner to be appointed by the Enterprise City Planning Commission from amongst the members of such Planning Commission, shall commence upon the date of appointment and shall end upon (1) resignation of such Landmark Commissioner, (2) The resignation of replacement of such Landmark Commissioner from the Enterprise Planning Commission, or (3) upon the expiration of such Landmark Commissioner's term of service on the Enterprise Planning Commission.

(c)

The three (3) members of the Historic Landmark Commission to be appointed by the city council shall each serve for a term of three (3) years which shall expire on December 31 of the last year of such term. In order to obtain staggered terms, the initial term for one (1) Landmark Commissioner shall be for one (1) year from the date of appointment plus the time period to the succeeding December 31, the initial term for the second Landmark Commissioners shall be for a period of two (2) years from the date of appointment plus the time period to the succeeding December 31, and the initial term of the third Landmark Commissioner shall be for a period of three (3) years from the date of appointment plus the time period to the succeeding December 31. The initial appointment by the council shall specify the initial term of each appointed Landmark Commissioner.

(d)

The three (3) Landmark Commissioners to be appointed by the city council may be reappointed or removed at the discretion of the city council. A vacancy in any of the such three (3) Landmark Commissioners positions shall be filled by the council for the unexpired term. The Enterprise Planning Commission may remove the planning commission member who was previously appointed to serve as ex-officio member of the Historic Landmark Commission and may fill any vacancies in such position.

(e)

The Historic Landmark Commission by a majority vote at its first meeting shall elect a chairperson and a vice-chairperson.

4.

Staff Support For Commission. The office of the city administrator/recorder shall attend meetings of the Historic Landmark Commission, prepare minutes of the meetings and shall prepare all notices of meetings and hearings in accordance with the requirements of Oregon law and the Land Use Ordinance. The office of the city administrator/recorder shall keep and maintain all records of the Historic Landmark Commission.

(Ord. No. 549, § 1, 11-12-2007)

The powers of the Historic Landmark Commission are as follows:

(1)

To take all actions necessary and proper to exercise all powers conferred upon the Historic Landmark Commission and to perform all duties placed upon such commission.

(2)

The Historic Landmark Commission may adopt and amend by-laws and rules of procedure for the conduct of meetings which are consistent with the requirements fo applicable city ordinances and the requirements of Oregon land use laws.

(3)

For the purposes consistent with this ordinance and subject to the approval of the city council, the Historic Landmark Commission may, through and with the assistance of the office of the city administrator, seek, accept and expend public appropriations, seek, accept and expend grant and gift funds, cooperate with public and private entities and employ clerical and expert assistance.

(4)

The Historic Landmark Commission shall maintain the city of Enterprise Inventory of Historic Resources, hereinafter referred to as the inventory.

(5)

The Historic Landmark Commission may recommend to the city council the designation of historic landmarks pursuant to Section 8A.090 and may recommend the city council the creation of historic districts, and the rules and regulations affecting properties within such districts.

(6)

The Historic Landmark Commission may protect historic landmarks or districts through the review and approval or disapproval of alterations in accordance with the review criteria established for alterations.

(7)

The Historic Landmark Commission may, to the extent provided by future ordinance, review and render decisions on alterations of existing structures and on all new construction of buildings within an historic district if such district is created by the city.

(8)

The Historic Landmark Commission may review and render decisions on all proposed demolitions of buildings or structures designated as historic landmarks or with respect to demolitions of buildings or structures within an historic district, if such district is created by the city.

(9)

The Historic Landmark Commission may provide a forum for public participation in matters and issues related to historic preservation in the community.

(10)

The Historic Landmark Commission may review actions by the city of Enterprise, Wallowa County and other agencies and of businesses, developers and or property owners that may detrimentally affect historic landmarks and districts and advise the planning staff, planning commission and city council regarding these matters.

(11)

The Historic Landmark Commission may perform other activities relating to historic landmarks, districts and resources including, but not limited to:

(a)

Providing public education on prehistoric, historic, and scenic resources of the Enterprise, Oregon area;

(b)

Providing advice to the city council, the city planning commission and city staff on the preservation of historic landmarks and other historic resources;

(c)

Providing technical and economic information on preservation of historic landmarks, districts and other historic resources

(d)

Making recommendations to the city council for historic preservation programs and incentives; and

(e)

Periodically reviewing and making recommendations to update the inventory.

(12)

The Historic Landmark Commission shall act in place of the Enterprise City Planning Commission in holding public hearings regarding recommendations to the city council for amendment of land use plan and Land Use Ordinance provisions pertaining to historic preservation.

(13)

The Historic Landmark Commission shall act as the quasi-judicial hearing body, in accordance with the laws of the state of Oregon and the provisions of the city's Land Use Ordinance, with respect to all reviews and permit approvals required pursuant to this article.

(Ord. No. 549, § 1, 11-12-2007)

1.

Duties Pertaining to Establishment of Programs. The Historic Landmark Commission is directed to take the following actions pertaining to establishment of programs for historic preservation within the city:

(a)

Make application, in cooperation with the city council, to the State Historic Preservation Office for approval as a certified local government and to take all actions necessary to effect such application;

(b)

To perform preliminary inventories of historic structures and resources and thereafter full inventories of such resources, all in compliance with the requirements of state and federal historic preservation rules, on a schedule consistent with available financial and staff resources permit;

(c)

To evaluate buildings and structures for nomination as historic landmarks under this article and to initiate and hold hearings and make recommendations to the council for designation of appropriate buildings and structures as historic landmarks; and

(d)

To review, study, hold public hearings and make recommendations to the city council as to whether an historic district or districts should be established in the city of Enterprise and, if so, the boundaries thereof, the programs which should be established to facilitate and encourage historic preservation within such district, the regulations which should be applicable to properties within the district and, in conjunction therewith, to obtain public input from the affected property owners and the community.

2.

Other Duties. The Historic Landmark Commission shall perform all other duties and functions conferred upon it by this Article 8A and the provisions of the State Historic Preservation Office pertaining to the attainment and maintenance of certified local government status.

(Ord. No. 549, § 1, 11-12-2007)

1.

The Historic Landmark Commission shall determine and periodically revise priorities for the identification and evaluation of historic resources.

2.

Unless the Historic Landmark Commission finds extraordinary historic importance, only properties over fifty (50) years of age shall be considered for inclusion in the Inventory of Historic Resources.

3.

The Historic Landmark Commission shall develop a system, based on historic integrity and significance, for evaluating historic resources. The system shall rank surveyed historic resources as eligible or ineligible for listing on the Designated Landmark Register. Owners of survey properties shall be notified of these findings.

4.

Documentation of properties in the Inventory of Historic Properties, and upon completion, copies of the forms shall be supplied to the state Historic Preservation Office.

5.

Records concerning archaeological sites shall not be made public.

(Ord. No. 549, § 1, 11-12-2007)

1.

Purpose. The designation of historic landmarks allows the city of formally recognize and protect historic landmarks. The regulations that apply to designated landmarks provide a means to review proposed changes and encourage the preservation of the historic landmark.

2.

Initiation. The process for designating historic landmarks may be initiated by the Historic Landmark Commission, the city council, the city Planning Commission, community or neighborhood groups, interested persons, property owners or their authorized agents, who submit a complete application for designation.

3.

Procedure. Requests for designation of historic landmarks or districts are reviewed initially by the Historic Landmark Commission; said commission shall make a recommendation to the city council. Final decision as to such designation is made by the city council. The review of a proposed designation of a particular property shall be conducted, both before the Historic Landmark Commission and the city council, as a quasi-judicial public hearing review pursuant to Section 10.430 of the Enterprise Land Use Ordinance. Proposal for creation of an historic district shall be reviewed as a legislative matter and public hearing in accordance with the requirements Section 10.430 of the Enterprise Land Use Ordinance, shall be held by both the Historic and Landmark Commission and the city council. No property shall be designated as a historic landmark if the property owner (or in the case of multiple owners, a majority of such owners) objects to the designation.

4.

Application. An application for designation shall be prepared and filed with the office of the city administrator/recorder, using forms prescribed by the Historic Landmark Commission. The city administrator shall set a date and time for review hearings and shall cause all necessary review hearing notice to be mailed and/or published.

5.

Automatic Designation. Properties listed on the National Register of Historic Places, including all properties within National Register District boundaries, are eligible for automatic listing on the Designated Landmarks Register. As historic resources of statewide significance, all such properties are subject to the regulations in Sections 8A.100, 8A110 and 8A.120, regardless of their listing on the Designated Landmarks Register, pursuant to Oregon Administrative Rule 660-023-200. However, only properties listed on the Designated Landmarks Register shall be eligible for public incentives and code considerations pursuant to this ordinance.

6.

Review Criteria. The Historic Landmark Commission shall review all applications for historic landmark or historic district designations and shall make its recommendation on the basis of the following criteria (the criteria in either subsections (a), (b), (c), (d) or (e) must be satisfied):

(a)

The proposed historic landmark or district has historic significance or contributes to the historical resources of the community. The resource:

(1)

If a historic landmark, is fifty or more years old; and

(2)

Is associated with past trends, events or values that have made a significant contribution to the economic, cultural, social and/or political history of the city, county, state, region or nation; or

(3)

Is associated with the life of or activities of a person, group, or organization or institution that has made a significant contribution to the city, county, region, state or nation.

(b)

The proposed historic landmark or district has architectural significance because it:

(1)

If a historic landmark, is fifty or more years old; and

(2)

Embodies distinguishing architectural characteristics of period, style, method of construction, craftsmanship or materials; or

(3)

Represents the work of a designer, architect, or master builder who influenced the development and appearance of history of the city, county, region or state or the nation; or

(4)

Is the only remaining, or one of the few remaining, resources of a particular style, building type, design, material, or method of construction; or

(5)

Is a prominent visual landmark with strong associations to the community; or

(6)

Has high quality of composition, detailing or craftsmanship.

(c)

The site contains archaeological artifacts related to prehistory or to the early history of the community.

(d)

The proposed historic landmark or district is listed on the National Register of Historic Places.

(e)

The proposed historic landmark or historic district:

(1)

If a historic landmark, is at least fifty years old; and

(2)

Contributes to the continuity or historic character of the street, neighborhood, and/or community; or

(3)

Has sufficient original workmanship and materials remaining to show the construction technique and stylistic character of a given period.

7.

Recommendation by the Historic Landmark Commission. After the historic resource has been evaluated according to the review criteria set forth in Section 8A.090(e), the Historic Landmark Commission shall recommend designation of a historic resource, district, or designation with conditions, or denial of designation, it shall make specific findings based on the review criteria and the goals and policies of the Comprehensive Plan. If the Historic Landmarks Commission denies a proposed designation, no further action shall be taken unless an appeal of the Historic Landmark Commission's action is filed with the city council.

8.

City Council Decision. The city council shall conduct a public hearing to consider the proposed designation and recommendations of the Historic Landmark Commission. Following the public hearing, the city council shall approve, approve with conditions, or deny the proposed designation. Notice of decision shall be given in accordance with the provisions of Section 10.460 of the Land Use Ordinance.

(Ord. No. 549, § 1, 11-12-2007; Ord. No. 561, § 1, 8-8-2011)

1.

Purpose. Periodically, it may be necessary to remove the designation of a historic landmark due to changing conditions, needs, community values or due to the request of the property owner.

2.

Initiation. The process of removing a historic landmark from the inventory may be initiated by the Historic Landmark Commission, the Planning Commission, city council, the property owner or by any interested person.

3.

Procedure. The request shall be heard in accordance with the same hearing procedures for hearing a request for designation of a historic landmark.

4.

Upon Request of Owner. In the event the designation of a building or structure as a historic landmark was imposed upon the property by the city pursuant to this article, and the owner (or in the event of multiple owners, the majority of such owners) requests that the designation be removed, then the Historic Landmark Commission and city council, in accordance with the requirements of OAR 660-0200 (6), shall remove the designation.

5.

Due to Changed Conditions. A request for removal may be granted where (a) the significance of the historic landmark has been substantially reduced or diminished since designation, (b) the integrity of the historic landmark has been substantially reduced or diminished since designation, and/or (c) other circumstances warrant removal of the designation.

6.

National Registration Designation Not Affected. Removal of a historic landmark designation affects only the city's designation pursuant to this article, and does not affect the status of any listing for such property in the National Register of Historic Places, nor does it affect the status of such property within a National Register District.

(Ord. No. 549, § 1, 11-12-2007)

1.

Purpose. The purpose of reviewing alterations to historic landmarks is to encourage the preservation of characteristics that led to designation as a historic landmark.

2.

Initiation. The process for applying for altering a historic landmark may be initiated by the property owner or authorized agent upon submittal of a complete application.

3.

Alterations.

(a)

Review by the Historic Landmark Commission is required for (1) all exterior alterations of additions to designated landmarks with the exception of alterations classified as "minor alterations" (which shall be reviewed by the city administrator/recorder) and (2) an interior element of a historic landmark that was designated as historically significant at the time of designation of the landmark.

(b)

The following are considered minor alterations:

(1)

Replacement of gutters and down-spouts, or the addition of gutters and down-spouts, using like materials or materials that match those that were typically used on similar style building.

(2)

Repairing or providing a new foundation that does not result in raising or lowering the building elevations providing that skirting is provided to match the existing skirting. The repair or new foundation shall not affect the appearance of the building.

(3)

Replacement of wood siding, when required due to deterioration of material, with wood material that matches the original siding in all materials, dimensions and textural qualities.

(4)

Application of storm windows made with wood, bronze or flat finish anodized aluminum or baked enamel frames.

(5)

Replacement of existing sashes with new sashes, when using material that matches the original historic material, appearance and original sash profile including width, depth and shape. Severe deterioration of the original sashes has to be evident.

(6)

Repair and replacement of roof material with the same kind of existing roof material or with materials that are in character with those of the original roof. Alteration of a roof in a manner different than which existed originally, or that exists currently, in order to improve the quality and reliability of a roof (as for example by providing additional roof slope or by utilizing modern roofing materials), may be made if (a) said roof is not visible from the street in front of the building or (b) is necessary for the continued function of the building and does not materially detract from the historic appearance of the building.

(7)

Replacement of construction of fencing according to established fence design written guidelines (Chart A—Secretary of Interior Standards).

(8)

Exterior painting if the city recorder/administrator determines that the proposed colors are consistent with the architecture of the building, and of a type used at the time the structure was erected. If a question exists as to compliance with this standard the matter shall be referred to the Historic Landmark Commission for review. All applications involving exterior painting of previously unpainted masonry surfaces shall be referred to the Historic Landmark Commission for review.

(9)

Other minor alterations which do not affect the historic appearance of the building or structure.

(c)

Permits for minor alterations shall be issued by the city administrator/recorder under the same procedures and provision as relate to zoning permits. The city administrator/recorder may refer an application for a permit for minor alterations to the Historic Landmark Commission for review and approval. Decisions of the city administrator/recorder regarding such permits are appealable to the Historic Landmark Commission under the same procedures and subject to the same time period as appeal of the city administrator/recorder's issuance of a zoning permit to the city Planning Commission.

4.

Exemption From Review. The general ongoing responsibility of the property owner to care for, repair, and replace with like materials may be done without formal review by the Historic Landmark Commission. Nothing in this ordinance shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature which does not involve a change in design, or appearance of such feature. Normal maintenance may include, but is not limited to:

(a)

Ground care and maintenance required for the permitted use of the property; and

(b)

Existing materials replaced in-kind for the historic landmark because of damage or decay of materials.

5.

Procedure. Review of a request for an exterior alteration, or of an interior element of a historic landmark that was designated as historically significant at the time of designation of the landmark, is heard and determined by the Historic Landmark Commission, sitting as a quasi-judicial hearing body. Review shall be an administrative hearing review pursuant to Section 10.410 of the Land Use Ordinance.

6.

Application. Application shall be on such forms as are provided by the city administrator/recorder.

7.

Review Criteria. The Historic Landmark Commission may approve an alteration permit if it determines that the criteria set forth in either subparagraph (a), (b) or (c) have been met:

(a)

The proposed alteration cause the historic landmark to more closely approximate the historical character, appearance or material composition of the original structure as compared to the structure as it exits prior to the proposed alteration. The Historic Landmark Commission shall use the Secretary of the Interior's "Standards of the Historic Preservation with Guideline for Applying the Standards" and the Secretary of the Interior's "Standards for Treatment of Historic Properties (Chart A—Secretary of the Interior Standards).

(b)

The proposed alteration is compatible with the historic characteristics of the area and with the existing structure in massing, size, scale, materials, and architectural features. The Historic Landmark Commission shall use the Secretary of the Interiors' "Standards of the Historic Preservation with Guidelines for Applying the Standards" and the Secretary of the Interiors's "Standards for Treatment of Historic properties" (Chart A—Secretary of the Interior's Standards).

(c)

Painting of previously unpainted exterior masonry surfaces is not permitted unless consistent with the original architecture of the building.

(d)

In conjunction with subparagraphs (a), (b) and (c) above, the Historic Landmark Commission shall also consider

(1)

The value and significance of the historic landmark;

(2)

The Oregon Structural Speciality Code, as adopted and amended by the State of Oregon, with particular reference to designated Historic Building, ADA and historic building, or related sections; and,

(3)

Other applicable state and local codes and ordinances relating to the building, fire, health and safety.

8.

Economic Hardship.

(a)

Alterations which are not consistent with the criteria set forth in subparagraphs 7(a), (b) or (c) above (hereinafter "nonconforming alterations"), may be approved on the basis of economic hardship if the Historic Landmark Commission find that the cost of alteration in a manner which would comply is not economically feasible in the market conditions prevailing in the Enterprise area and that the proposed alteration is necessary and/or desirable to continue the current use of the historic landmark or to provide a necessary other viable use.

(b)

In addressing the hardship criteria set forth in subparagraph (a), the Historic Landmark Commission shall consider the following:

(1)

The additional cost of alteration in a manner which complies with subparagraphs 7(a), 7(b) and 7(c), as compared to the cost of alteration in a manner which does not comply with said subparagraphs;

(2)

The extent to which the proposed alteration is necessary in order to continue the current use or facilitate a proposed new use and the extent to which the alteration is necessary for the historic landmark to continue as a viable building or facility;

(3)

The extent to which nonconforming alterations provide a practically superior alteration from the standpoint of continued economic use of the historic landmark;

(4)

The extent to which the proposed nonconforming alterations detract from the historic architecture of the historic landmark;

(5)

If the historic landmark is leased or rented, whether the current rents are reasonably available in the market are sufficient to defray the increased cost of conforming alterations;

(6)

If the historic landmark is occupied by the owner as a site for the owner's business, the extent to which the income from said business is able to defray the increased cost of nonconforming alterations;

(7)

The impact of conforming alterations as compared to nonconforming alterations upon the fair market value of the historic landmarks, to the extend that same can be determined; and

(8)

Any other factor which reasonably relates to the criteria set forth in subparagraph 8(a).

(c)

An application for approval of nonconforming alterations on the basis of economic hardship under the provisions of this subparagraph 8, shall include the following supporting information:

(1)

Estimated cost for the alterations if done in a manner that complies with subparagraphs 7(a), 7(b) and 7(c) as compared to the estimated cost of the alterations proposed by the applicant;

(2)

Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship, if any between the owner of record or applicant and the person from whom the property was purchased;

(3)

Annual gross and net income, if any, from the property for the previous three (3) years, itemized operating and maintenance expenses for the previous three (3) years, and depreciation deduction and annual cash flow before and after debt service, if any, for the previous three (3) years;

(4)

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, during the previous three (3) years;

(5)

Real estate taxes for the previous three (3) years and assessed value of the property for each of those years;

(6)

All appraisals obtained within the previous three (3) years by the owner or applicant in connection with the purchase, financing or ownership of the property; and/or

(7)

If the historic landmark is occupied by the owner as a site for the owner's business, profit and loss statements for said business for the preceding three (3) calendar or fiscal years.

9.

Conditions of Approval. The Historic Landmark Commission may approve, conditionally approve or deny the request. Conditions may be attached which are appropriate for the protection and/or preservation of the historic or architectural integrity of the historic landmark. All conditions must relate to the review criteria.

10.

Decision. Notice of the decision of the Historic Landmark Commission shall be provided as set forth in Section 10.420 of the Land Use Ordinance. The decision is subject to appeal to the city council as provided in Section 8A.130.

(Ord. No. 549, § 1, 11-12-2007)

1.

Approval Required. No historic landmark shall be removed or destroyed without obtaining a demolition or removal permit from the Historic Landmark Commission pursuant to the procedures and standards set forth in this section.

2.

Criteria. In order to approve an application for the relocation or demolition of a designated historic landmark or historic resource of statewide significance, without waiting for a period longer than the minimum waiting period of one hundred twenty (120) days, the Historic Landmark Commission must find that:

(a)

No prudent and economically feasible alternative exists; or

(b)

The designated property is deteriorated beyond repair; or

(c)

The value to the community of the proposed use of the property outweighs the value of retaining the designated historic landmark or historic resource of statewide significance.

An application for a demolition permit not meeting the above criteria shall nevertheless be granted subject only to additional delays in excess of one hundred twenty (120) days for issuance of such permits, if ordered pursuant to subparagraph 3.

3.

Delay in Issuance of Permit.

(a)

No demolition or removal permit shall be issued until the expiration of one hundred twenty (120) days following the public hearing thereon, unless the public safety requires immediate demolition or removal.

(b)

The Historic Landmark Commission may extend this period if it finds there are still reasonable alternatives to explore to avoid demolition or removal of the Designated Historic Structure. At the expiration of such period or periods, the Historic Landmark Commission shall issue the demolition or removal permit.

(c)

No demolition or removal permit shall be issued during the one hundred twenty (120) day period following the date of the property owner's refusal to consent to designation of the property as a historic landmark.

4.

Conditions. In approving an application for the demolition of a designated historic landmark, or historic resource of statewide significance, the Historic Landmark Commission may impose the following conditions:

(a)

Photograph, video or drawn record of the property to be demolished; and/or

(b)

Salvage and retention of significant elements; and/or

(c)

Other reasonable mitigation measures.

5.

Unsafe Building. No provision of this ordinance shall be construed to prevent the issuance of a permit for the immediate alteration, demolition, or relocation of designated historic landmark or historic resource of statewide significance, when the action is required for public safety.

(Ord. No. 549, § 1, 11-12-2007)

The city of Enterprise and the historic landmarks commission, shall support the enforcement of all state laws relating to historic preservation, including but not limited to, ORS 197.772 (consent to designation of historic property), ORS 358.653 (conservation programs, leases) and ORS 358.475 through 358.541 (special assessment).

(Ord. No. 561, § 2, 8-8-2011)

Administrative decisions of the city administrator are appealable to the Historic Landmark Commission. Decisions of the Historic Landmark Commission are appealable to the city council. All appeals shall be filed with the office of the city administrator/recorder within ten (10) days of the date that notice of decisions mailed to the parties of record. Procedures for appeals to the city council shall be the same as for appeals of Planning Commission quasi-judicial planning decisions.

(Ord. No. 549, § 1, 11-12-2007)

Penalties and remedies for violation of this ordinance shall be as set forth in Section 12.020 of this Land Use Ordinance.

(Ord. No. 549, § 1, 11-12-2007)

Permits for alterations or demolitions are valid for a period of two (2) years from the written notice of the final decision, or the decision on appeal, whichever is later.

(Ord. No. 549, § 1, 11-12-2007)