Jefferson City Zoning Code
CHAPTER 12
36 HISTORIC PRESERVATION OVERLAY
Former Ch. 12.36 consisting of DC § 11.110—§ 11.210, was repealed by Ord. 642 § 9, 2003.
§ 12.36.010 Applicability and purpose.
A.
Purpose. The purpose of this overlay is to identify, designate, and preserve Significant Historic Resources associated with the community's history and prehistory; encourage the rehabilitation and ongoing viability of designated Significant Historic Resources, archaeological objects, sites, and sites of archaeological significance; strengthen public support for historic preservation efforts within the community; foster civic pride; and encourage cultural heritage tourism.
B.
Applicability.
1.
Lands to Which this Chapter Applies. These (chapter) are applicable to the following areas:
a.
Sections 12.36.030, 12.36.050, 12.36.070, 12.36.130, 12.36.170 and 12.36.190 are regulations regarding definitions, procedure, and enforcement. These regulations apply to all lands within the City of Jefferson.
b.
Sections 12.36.090, 12.36.110, and 12.36.150 of these regulations apply to all lots or parcels on which a Significant Historic Resource is located, or which are within the boundaries of a Significant Historic Resource (District). These lands are to be referred to as the Historic Preservation Overlay.
2.
No provision of this chapter shall be construed to prevent the ordinary maintenance of a Significant Historic Resource when such action does not change the design, materials, or appearance.
(Ord. 736, 3/27/2025)
§ 12.36.030 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
"Alteration"
means a physical modification of the exterior of a Significant Historic Resource, or the interior of a Locally Significant Historic Resource. Alterations do not include painting, color selection, or ordinary maintenance or repair of a Significant Historic Resource, unless such activity alters a character-defining feature.
"Archaeological object"
means an object that is at least 75 years old; is part of the physical record of an indigenous or other culture found in the State or waters of the State; and is material remains of past human life or activity that are of archaeological significance, including, but not limited to, monuments, symbols, tools, facilities, technological by-products and dietary by-products.
"Archaeological site"
means a geographic locality in Oregon, including, but not limited to, submerged and submersible lands and the bed of the sea within the State's jurisdiction, that contains archaeological objects and the contextual associations of the archaeological objects with each other; or biotic or geological remains or deposits. Examples of archaeological sites include, but are not limited to, shipwrecks, lithic quarries, house pit villages, camps, burials, lithic scatters, homesteads and townsites.
"Building"
means a house, barn, church, hotel, or similar construction created principally to shelter any form of human activity.
"Certificate of Appropriateness"
means a document issued by the Historic Preservation Officer indicating that the applicant satisfactorily met the provisions of this chapter for the preservation, rehabilitation, reconstruction, alteration, relocation, or demolition of a Significant Historic Resource, or new construction within the designated boundary of a Significant Historic Resource.
"Character-defining feature(s)"
means the visual and physical aspect(s) of a Significant Historic Resource that convey its historic integrity and historic significance.
"Demolition"
means any act that destroys, removes, or relocates, in whole or part, a significant historic resource such that its historic, cultural, or architectural character and significance is lost.
"District"
means a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.
"Eligible/contributing"
means a Historic Resource in existence within the applicable period of significance that retains and exhibits sufficient integrity (location, design, setting, materials, workmanship, feeling, and association) to convey a sense of history. These properties strengthen the historic integrity of an existing or potential historic district.
"Eligible/significant"
means a Historic Resource in existence within the applicable period of significance that retains and exhibits sufficient integrity (location, design, setting, materials, workmanship, 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 designation to the Resource List.
"Exceptional significance"
means the quality of historic significance achieved outside the usual norms of age, association, or rarity.
"Historic Context Statement"
means an element of the City of Jefferson Comprehensive Plan that describes the important broad patterns of historical development in the City of Jefferson and the region and identifies historic resources representative of the important broad patterns of historic development. The Historic Context Statement also identifies Historic Resources that are representative of the important broad patterns of historical development.
"Historic integrity"
means the quality of wholeness of historic location, design, setting, materials, workmanship, feeling, and/or association of a Historic Resource.
"Historic Preservation Plan"
means an element of the City of Jefferson Comprehensive Plan that contains City's goals and policies for Historic Resource preservation and the processes for creating and amending the program to protect Significant Historic Resources.
"Historic Preservation Officer"
means the City Manager or designee responsible for the administration of this chapter.
"Historic Resource Inventory"
means the record of buildings, structures, objects, sites, and districts recorded by the City of Jefferson used to identify Historic Resources that may be determined significant and designated to the Resource List.
"Historic Resources"
means those buildings, structures, objects, sites, or districts that potentially have a significant relationship to events or conditions of the human past.
"Historic Significance"
means the physical association of a building, structure, site, object, or district with historic events, trends, persons, architecture, method of construction, or that have yielded or may yield information important in prehistory or history.
"Landmarks Advisory Commission" or "Commission"
means the Landmarks Advisory Commission of the City of Jefferson formed pursuant to Chapter 2.28 of Jefferson Municipal Code.
"Locally Significant Historic Resource"
means a building, structure, site, object, or district designated to the City of Jefferson Resource List.
"National Register Resource"
means buildings, structures, objects, sites, or districts listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended (PL 89-665; 16 U.S.C. § 470). National Register Resources may be designated to the Resource List and would be considered both National Register Resources and Locally Significant Historic Resources.
"Non-contributing"
means a Historic Resource in existence 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.
"Not in period"
means a building, structure, object, or site that was originally constructed outside the applicable period of significance.
"Object"
means 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, milepost, etc.
"Outbuilding"
means a detached building subordinate to a main building, such as a garage or shed.
"Owner"
means
1.
The owner of fee title to the property as shown in the Deed Records of the County where the property is located; or
2.
The purchaser under a land sale contract, if there is a recorded land sale contract in force for the property; or
3.
If the property is owned by the trustee of a revocable trust, the settlor of a revocable trust, except that when the trust becomes irrevocable only the trustee is the owner; and
4.
Does not include individuals, partnerships, corporations or public agencies holding easements or less than fee interests (including leaseholds) of any nature; or
5.
For a Historic Resource with multiple owners, including a district, a simple majority of owners as defined in Subsections 1 through 4, herein.
6.
For National Register Resources, those individuals, partnerships, corporations or public agencies holding fee simple title to property. "Owner" or "owners" does not include individuals, partnerships, corporations or public agencies holding easements or less than fee interests (including leaseholds) of any nature.
"Period of significance"
means the time period, from one to several years or decades, during which a Significant Historic Resource was associated with an important historic event(s), trend(s), person(s), architecture, or method(s) of construction.
"Preservation"
means the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a Significant Historic Resource.
"Reconstruction"
means the act or process of depicting, by means of new construction, the form, features, or detailing of a non-surviving building, or structure for the purpose of replicating its appearance at a specific period of time and in its historic location.
"Record of designation"
means the official document that describes how a Locally Significant Historic Resource meets the criteria for designation to the Resource List.
"Rehabilitation"
means the process of returning a Significant Historic Resource to a state of utility through repair or alteration, which makes possible a use while preserving those portions and features of the Significant Historic Resource and its site that convey its historic significance.
"Relocation"
means moving of a Locally Significant Historic Resource from its original location described in the Record of Designation.
"Resource List"
means the list of Locally Significant Historic Resources adopted by the City of Jefferson's Landmarks Advisory Commission as important to its history and afforded the protection under this Chapter. National Register Resources may be added to the Resource List following the procedures outlined in this chapter.
"Restoration"
means the act or process of accurately depicting the form, features, and character of a historic-contributing resource or historic-non-contributing resource as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.
"Significant Historic Resource"
means a Locally Significant Historic Resource and/or a National Register Resource.
"Site"
means 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.
"Streetscape"
means 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.
"Structure"
means a functional construction made usually for purposes other than creating human shelter, such as an aircraft, bridge, fence, dam, tunnel, etc.
(Ord. 736, 3/27/2025)
§ 12.36.050 Inventorying, evaluating, and determining Significance of Historic Resources.
The following procedures must be used to identify Historic Resources that may be considered for designation as a Locally Significant Historic Resource on the Resource List.
A.
The Historic Resource Inventory and Resource List shall be maintained as a public record with the exception of archaeological sites, the publication of which is prohibited by ORS 192.3459(11).
B.
The Commission shall determine and periodically revise priorities for the Historic Resource Inventory based on the community's needs and interests, and goals created by the Commission.
C.
The Commission may take photographs and create physical descriptions based on on-site observations, or obtain information concerning Historic Resources through archival research, oral histories, or any other appropriate method allowed by law.
D.
Historic Resources must be evaluated for their historic integrity and significance and recorded in the Historic Resource Inventory as Eligible/Significant (ES), Eligible/Contributing (EC), Non-Contributing (NC), or Not in Period (NP). Evaluation and documentation of properties in the Historic Resource Inventory must follow the document "Guidelines for Historic Resource Surveys in Oregon, 2010" or most recent guidance for such efforts published by the Oregon State Historic Preservation Office and be supplied to the agency within six months of the completion of the study.
E.
Historic properties added to the Historic Resource Inventory, which are not National Register Resources, are not subject to the regulations described in Sections 12.36.090, 12.36.110 and 12.36.150.
F.
The objection of an owner shall not prevent a property being evaluated or determined significant for placement on the Historic Resource Inventory.
(Ord. 736, 3/27/2025)
§ 12.36.070 Designation of Historic Resources to the Resource List.
Historic Resources, including buildings, structures, sites, objects, historic districts may be designated to the Resource List as provided in Section 12.90.050 of this Code.
A.
A Historic Resource need not be recorded in the Historic Resource Inventory before designation to the Resource List.
B.
The City of Jefferson and any person, group, or government agency may amend a Record of Designation for a Significant Historic Resource on the Resource List, provided the proposed Significant Historic Resource is not the subject of a pending application for alteration, relocation, or demolition. The Commission may establish additional standards for a complete amendment application. An amendment to a Record of Designation must be processed as Type B hearing and processed as described in Chapter 12.90. The Commission must find that the amendment meets the criteria described in Section 12.90.090. An owner(s)' objection must not prevent an amendment to a Record of Designation; provided that pursuant to ORS 197.772, an owner of property may refuse to consent to any historic property designation, and the City shall, upon a refusal to consent to designation, remove the property from consideration for designation.
(Ord. 736, 3/27/2025)
§ 12.36.090 Historic Resource review.
A Significant Historic Resource, non-contributing or not in period resource, or any new structures within the boundaries of the Historic Resource Overlay shall not be constructed, preserved, rehabilitated, altered, relocated, or demolished without a Certificate of Appropriateness signed by the Historic Preservation Officer unless that activity is exempted under the provisions of this section. A Certificate of Appropriateness must be presented to the City Planner, or designee, before a building permit may be issued. In the case that a building permit is not required for an activity requiring Historic Resource Review then a Certificate of Appropriateness must be presented to the City Planner, or designee, before the activity occurs.
A.
A Certificate of Appropriateness issued for the alteration of a Significant Historic Resource shall be effective for a period of up to 120 days from the date of its issuance. A Certificate of Appropriateness issued for the relocation or demolition of a Historic Resource shall be effective for a period of up to 120 days.
1.
A Certificate of Appropriateness may be extended one time by request of the applicant. If the extension is approved by the Planner or designee, then the effective period of the Certificate of Appropriateness shall be extended by 120 days.
2.
A Certificate of Appropriateness shall include a summary of the proposed project and a brief report which notes the criteria specified in this chapter under which the application must be considered and how the application addressed those criteria.
B.
A Significant Historic Resource may be altered, relocated, or demolished without a Certificate of Appropriateness when the Planner or designee finds that the condition of a Significant Historic Resource poses a clear and immediate hazard to public safety. The written comments of the Planner or designee shall be provided by the Historic Preservation Officer to the Commission at their next regular meeting.
C.
Exempt Activities. Certain activities not subject to the provisions of this section, when not specifically noted in the Record of Designation as a character-defining feature, include:
1.
Alterations to non-contributing building interiors or the interiors of a Locally Significant Historic Resource, except those that are owned by the City of Jefferson;
2.
Application of exterior or interior paint; and
3.
Alterations to vegetative landscape features, including tree removal.
D.
Minor Historic Resource Review. The Historic Preservation Officer may issue a Certificate of Appropriateness for the alteration of a Significant Historic Resource, or demolition in the case of a not-in-period or non-contributing outbuilding, when the proposed alteration, or demolition, will not significantly change qualities that merited the designation of a Locally Significant Historic Resource to the Resource List. The Historic Preservation Officer may choose to deny an application for Minor Historic Resources Review and recommend it be reviewed as a Major Historic Resources Review at their discretion.
1.
Activities subject to Minor Historic Resource Reviews include:
a.
Construction of a fence that meets Section 12.40.050 of the Jefferson Municipal Code;
b.
Demolition of a not-in-period or non-contributing outbuilding within the designated boundary of a Locally Significant Historic Resource specifically noted as not historically significant in its Record of Designation;
c.
Replacement or repair of historic materials on a structure's exterior when any replacement material exactly matches the material type, dimension, color, shape, and texture of the material to be replaced (example: decorative window trim, railings, etc.);
d.
Foundation repair or replacement which does not change the exterior appearance of the foundation (example: helical pier installation);
e.
Construction of a sign which meets the requirements of Chapter 12.68 of the Jefferson Municipal Code;
f.
Alteration or repair of a not-in-period or non-contributing structure where such an alteration or repair does not detract from the Historic Integrity of a Significant Historic Resources on the same parcel or on abutting parcels; and
g.
Activities described under Section 12.36.090C of this Code where those activities impact an element which is specifically noted as a character-defining feature of a resource.
2.
Design Criteria. The Historic Preservation Officer shall consider the following design criteria when evaluating applications for Minor Historic Resources Reviews:
a.
The property must be used as it was historically or must have a current use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships;
b.
Any features or materials which are specifically noted as historically significant in a resource's Record of Designation which are proposed to be replaced are beyond restoration or repair;
c.
Chemical and physical treatments, if appropriate, must be undertaken using the gentlest means possible. Treatments that cause damage to historic materials must not be used;
d.
The restoration or repair of any historic materials does not impact the Historic Integrity of those features;
e.
Replacement materials must exactly match the material type, dimensions, shape, and texture of the materials they replace. New materials shall be compatible with materials used for similar construction during the period of significance;
f.
The proposal must not create a false sense of historical development (example: adding conjectural features or elements from other historic properties); and
g.
The addition of a fence or sign would not detract from the historic significance of the property. Materials used for fences and signs must be compatible with the materials which were used to construct a similar sign or fence during the period of significance. This requirement shall not apply to one sign or plaque indicating that a Historic Resource is a National Register Resource.
3.
Application Requirements. An application for Minor Historic Resource review shall be made on a form prescribed by the City and shall be accompanied by an appropriate fee and the following information:
a.
A project description and narrative that addresses the relevant design criteria;
b.
A scaled site plan and/or floor plan which shall include the location of relevant features such as access driveways, structures, and landscaping;
c.
Elevations or photographs of the existing exterior that will be affected by the proposed alteration (if applicable); and
d.
Elevations or plan drawings of the proposed alteration, sign, or fence which shall include detailed descriptions of the materials and methods of construction to be used.
4.
Procedure. Upon receiving a complete application for a Minor Historic Resources review the Historic Preservation officer shall prepare a Certificate of Appropriateness or a notice of denial that summarizes the proposed project and notes the criteria specified in this chapter under which the application must be considered. The Historic Resources Review Officer shall review and issue a final decision on application for Minor Historic Resources Review within 60 days of receiving a complete application for Minor Historic Resources Review. The Historic Resources Review Officer may approve or deny the application for Minor Historic Resources Review.
a.
Upon approving the application, the Historic Resources Review Officer shall prepare a Certificate of Appropriateness and provide it to the applicant.
b.
Upon denial of the application the Historic Resources Review Officer shall provide a notice of denial to the applicant which shall include a description of the applicant's appeal rights.
c.
The Historic Preservation Officer shall make a record of all Minor Historic Resources Review decisions which have been issued available to the Commission at each regular meeting.
5.
Appeal. The applicant may appeal the decision of the Historic Resources Review Officer regarding an application for Minor Historic Resources Review within 15 days of the mailing of a notice of denial or Certificate of Appropriateness. The appeal shall be made on a form prescribed by the City and shall be processed as a Major Historic Resources Review.
E.
Major Historic Resources Review. A public hearing before the Planning Commission is required for activities not exempted or permitted by Minor Historic Resource Review. A Certificate of Appropriateness for these activities may be issued as provided in Section 12.90.110 of this Code.
1.
Activities which require a Major Historic Resources Review may include, but are not limited to, the following:
a.
Any construction of new structures within the boundaries of the Historic Resources Overlay;
b.
Alterations of the interior of a structure owned by the City of Jefferson within the Historic Resources Overlay;
c.
Any construction, alteration, or repair of the exterior of a Locally Significant Historic Resource which may significantly change the qualities that merited the designation of the Locally Significant Historic Resource to the Resource List;
d.
New additions to non-contributing structures and Locally Significant Historic Resources;
e.
Foundation repair or replacement which changes the exterior appearance of a foundation (ex. elevating a foundation above base flood elevation within the floodplain);
f.
The demolition or relocation of a Significant Historic Resource; and
g.
A Minor Historic Resources Review decision appeal.
2.
Relocated Significant Historic Resources shall remain designated to the Resource List unless removed from the Resource List under the provisions of Section 12.36.150 of this Code.
3.
Demolished Significant Historic Resources shall be removed from the Resource List using the procedures described in Section 12.36.150 of this Code.
(Ord. 736, 3/27/2025)
§ 12.36.110 Additional protections for National Register Resources.
The Commission may recommend that the Planning Commission adopt, amend, or remove additional protections for a National Register Resource, provided the National Register Resource is not the subject of a pending application for alteration, relocation, or demolition. Application of additional protections to a National Register Resource be processed as Type B Hearing following the Jefferson Municipal Code Section 12.90.110. A National Register Resource need not be designated to the Resource List for additional protections to be applied.
A.
National Register Resources within the corporate boundaries of the City of Jefferson may be designated to the Resource List using the procedures outlined in Section 12.36.070. and made subject to the regulations of Sections 12.36.090, 12.36.110, and 12.36.130 as one means of providing additional protections. Alternatively, the flexible application of additional protections may be processed as Type B Hearing following the Jefferson Municipal Code Section 12.90.110.
B.
Regulations adopted prior to February 23, 2017 (Ord. Nos. 664 and 705) regarding the alteration, preservation, restoration, rehabilitation, reconstruction, relocation, and/or demolition of a National Register Resource may be amended or removed when the proposed National Register Resource is not the subject of a pending application for alteration or demolition. The action must be processed as Type B Hearing following the Jefferson Municipal Code Section 12.90.110.
C.
Additional protections must be applied to National Register Resources without owner consent under the provisions of OAR 660-023-0200(8)(b).
(Ord. 736, 3/27/2025)
§ 12.36.130 Preservation of archaeological resources.
The following provisions apply to the preservation of archaeological resources under Oregon State law.
A.
Archeological resources must be protected and preserved in place subject to the requirements of Federal, State, and local regulations, including the guidelines administered by the Oregon State Historic Preservation Office and ORS 358.905 through 358.962.
B.
A person may not excavate, injure, destroy or alter an archaeological site or object or remove an archaeological object located on public or private lands unless that activity is authorized by a permit issued under ORS 390.235. A violation of this subsection is a misdemeanor.
(Ord. 736, 3/27/2025)
§ 12.36.150 Removal of Significant Historic Resources from the Resource List.
A public meeting held by the Commission and a Certificate of Appropriateness signed by the Historic Preservation Officer shall be required to remove a Significant Historic Resource from the Resource List.
A.
A National Register Resource must first be removed from the National Register of Historic Places before an owner may apply for the National Register Resource to be removed from the Resource List.
B.
An application to remove a Significant Historic Resource from the Resource List must not be considered for one year after the date of decision for the denial of an application for the relocation or demolition of the same Locally Significant Historic Resource under Section 12.36.090.
C.
Any individual or group, including the Commission acting on its own initiative, may initiate the removal of a Significant Historic Resource by submitting a complete application to the Historic Preservation Officer. The Historic Preservation Officer may establish standards for a complete application.
D.
In order to approve an application for the removal of a Locally Significant Historic Resource from the Resource List the Commission shall find the following:
1.
The Locally Significant Historic Resource has lost the qualities for which it was originally recognized;
2.
Additional information shows that the Locally Significant Historic Resource no longer satisfies the criteria for recognition or did not satisfy the criteria for recognition at time of listing;
3.
The Planner or Designee declares that the Locally Significant Historic Resource poses a clear and immediate hazard to public safety and must be demolished to abate the unsafe condition; and
4.
The designation of the property to the Resource List was imposed on the property at the time of designation and:
a.
The owner has retained ownership since the time of the designation;
b.
The owner can demonstrate that the owner objected to the designation on the public record;
c.
Was not provided an opportunity to object to the designation; or
d.
The owner requests in writing that the local government remove the property from the Resource List.
E.
Significant Historic Resources destroyed by flood, fire, or other natural or accidental act or demolished under the provisions of this regulation and meeting the definition of "demolished" as defined in these regulations may be removed from the Resource List by the Historic Preservation Officer. Notice of this action and written and photographic evidence documenting the demolition of the Significant Historic Resource must be provided to the Commission at the next regular meeting. This same documentation must be provided to the State Historic Preservation Office. If a Significant Historic Resource is also listed in the National Register, the Historic Preservation Officer must request that the SHPO remove the property from the National Register if not requiring the owner to do so under the provisions of this regulation.
F.
Upon removing a Significant Historic Resource from the Resource List, the Historic Preservation Officer shall notify those affected by announcing the removal, the criteria under which the removal was approved, and the historic significance of the property. Significant Historic Resource removed from the Resource List under the provisions of this section shall not be subject to this chapter.
(Ord. 736, 3/27/2025)
§ 12.36.170 Fees and charges.
The City Council shall have the authority to review and adopt by resolution fees and charges to recoup the City's average or actual costs of services under this chapter, including, but not limited to, labor (including any attorney or consultant time), materials, and administrative overhead.
(Ord. 736, 3/27/2025)
§ 12.36.190 Enforcement.
Violations of this chapter are punishable by a fine not to exceed $500 and no less than $250 for each day the violation exists. In addition, the City Attorney, upon City's request, shall institute any necessary civil proceedings to enforce the provisions of the chapter.
(Ord. 736, 3/27/2025)