Jefferson City Zoning Code
CHAPTER 12
90 HISTORIC RESOURCE APPLICATIONS
§ 12.90.010 Purpose.
This chapter is intended to provide an efficient framework for the establishment of the list of Locally Significant Historic Resources and for the review of alterations to or new construction within the boundaries of these resources. These resources may include buildings, structures, sites, objects, and historic districts which are important to Jefferson's history, and which are afforded protections under Chapter 12.36, Historic Preservation Overlay.
(Ord. 736, 3/27/2025)
§ 12.90.030 Definitions.
The words, terms and phrases, included in Section 12.36.030 of this Code, when used in this chapter, shall have the meanings ascribed to them in Section 12.36.030, except where the context clearly indicates a different meaning.
(Ord. 736, 3/27/2025)
§ 12.90.040 Historic Resource List designation procedure.
A.
An application to designate a Significant Historic Resource or National Register Resource to the Resource List shall be made by the City of Jefferson, or any person, group, or government agency on a form prescribed by the City and shall be accompanied by the prescribed fee and evidence demonstrating compliance with the decision criteria in Section 12.90.090, provided the proposed Significant Historic Resource or National Register Resource is not the subject of a pending application for alteration, relocation, or demolition.
B.
An application to designate a Significant Historic Resource to the Resource List shall be processed as a Type II-B application subject to the additional procedures described below:
1.
Record of Designation. Prior to the Planning Commission's public hearing the Historic Preservation Officer shall prepare a Record of Designation. The Record of Designation shall include a description of the boundaries of the proposed nominated area and the buildings, structures, objects, sites, and districts contained therein; a description of the Historic Resource(s)' Character-Defining Features and how these reflect the Historic Resource(s)' Historic Significance and Historic Integrity; a statement explaining how the Historic Resource(s) meet(s) the criteria under provisions of this section; photos, maps, drawings, and other appendices to support the assertions made in the submitted documentation.
2.
Commission Initiated Application. The Landmarks Advisory Commission may make a direct recommendation that the Planning Commission designate a Historic Resource to the Resource List at a public meeting. In this case the Commission must pass a motion describing how the Historic Resource(s) shall fulfill the criteria described in Section 12.90.090 and directing the Historic Resource Officer to prepare a Record of Designation and provide it to the Planning Commission. The Record of Designation shall serve as a complete application for the designation of a historic resource.
a.
In addition to the notice procedures described in Section 12.72.040 for the Planning Commission public hearing, the owner(s) must be notified in writing of the designation process and their right to support or object to the designation of the Historic Resource to the Resource List under the provisions of ORS 197.772.
i.
An owner may object to the designation of the Historic Resource to the Resource List. Such a refusal to consent must be submitted on the public record and shall remove the Historic Resource from any consideration for designation to the Resource List.
ii.
An owner's objection to the designation of a Historic Resource to the Resource List does not remove the Historic Resource from the Historic Resource Inventory.
iii.
A permit to demolish or modify a Historic Resource under consideration for designation to the Resource List must not be issued for 120 days from the date of the owner's refusal to consent to designation or the application to alter, relocate, or demolish the Historic Resource, whichever occurs first.
b.
The Commission may recommend additional protections to supplement the regulations in the Historic Preservation Overlay to the Planning Commission following the procedures of Section 12.90.090 as part of the designation process necessary for the protection of a Historic Resource recommended for designation to the Resource List.
3.
General Applications. In the case that an application to designate a historic resource is made by an entity other than the Landmarks Advisory Commission, then prior to the Planning Commission public hearing the Landmarks Advisory Commission shall hold a public meeting to determine if a Historic Resource has sufficient integrity and historic significance to merit designation to the Resource List as a Locally Significant Historic resource.
a.
A public notice of the Landmarks Advisory Commission meeting shall be made following the notice procedures described in Section 12.72.040. The owner(s) must be notified in writing of the designation process and their right to support or object to the designation of the Historic Resource to the Resource List under the provisions of ORS 197.772.
i.
An owner may object to the designation of the Historic Resource to the Resource List. Such a refusal to consent must be submitted on the public record and shall remove the Historic Resource from any consideration for designation to the Resource List.
ii.
An owner's objection to the designation of a Historic Resource to the Resource List does not remove the Historic Resource from the Historic Resource Inventory.
iii.
A permit to demolish or modify a Historic Resource under consideration for designation to the Resource List must not be issued for 120 days from the date of the owner's refusal to consent to designation or the application to alter, relocate, or demolish the Historic Resource, whichever occurs first.
b.
During the meeting the Landmarks Advisory Commission must determine that a Historic Resource has sufficient historic integrity and historic significance to merit designation to the Resource List as by applying the decision criteria in Section 12.90.090.
c.
The Landmarks Advisory Commission shall pass an oral motion recommending the Planning Commission approve or deny the application for the designation of historic resources. The oral motion shall also direct the Historic Preservation Officer to prepare a Record of Designation and provide the Record of Designation to the Planning Commission during the public hearing.
d.
The Commission may recommend additional protections to supplement the regulations in the Historic Preservation Overlay to the Planning Commission following the procedures of Section 12.90.110 as part of the designation process necessary for the protection of a Historic Resource recommended for designation to the Resource List.
(Ord. 736, 3/27/2025; Ord. 737, 1/22/2026)
§ 12.90.070 Historic Resource designation application and submittal requirements.
The following information shall be submitted as part of a complete application for designation as a historic resource:
A.
A description of where the boundaries of the proposed nominates are and the buildings, structures, objects, sites and districts contained therein.
B.
A description of the Historic Resource(s)' character-defining features and how these reflect the Historic Resource(s)' Historic Significance and Historic Integrity.
C.
A statement explaining how the historic resource meets the criteria of Section 12.90.090.
D.
Photos, maps, drawings and other appendices to support the assertions made in the submitted documentation.
E.
Other documentation or evidence as requested by the Historic Preservation Officer.
(Ord. 736, 3/27/2025)
§ 12.90.090 Historic Resources designation criteria.
The Planning Commission may approve the designation of a Historic Resource if all of the below conditions are found to exist:
A.
The Historic Resource is located within the boundaries of the City of Jefferson.
B.
The Historic Resource is over 50 years of age or is of exceptional significance, or in the case of a district, the majority of the properties are over 50 years old or have exceptional significance.
C.
The Historic Resource possesses sufficient Historic Integrity to convey its significant relationship to events or conditions of the human past.
D.
The Historic Resource has historic significance as demonstrated by meeting at least one of the following criteria:
1.
Association with events that have made a significant contribution to the broad patterns of local, regional, State, or national history; and/or
2.
Association with the lives of persons significant to local, regional, State, or national history; and/or
3.
Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction;
4.
Yielding, or being likely to yield information important in prehistory or history; or
5.
Relevance within the local historic context and priorities described in the Historic Preservation Plan when such documents exist.
(Ord. 736, 3/27/2025)
§ 12.90.110 Major Historic Resource Review procedure.
A.
An application for Major Historic Resource Review shall be made by the owner of the subject property or authorized agent on a form prescribed by the city and shall be accompanied by the prescribed fee and evidence demonstrating compliance with the criteria of Section 12.90.150 of this Code.
B.
Whenever a Site Plan Review is required in addition to Major Historic Resource Review the applications shall be consolidated into a single proceeding following the procedures of Section 12.72.010 of this Code and the Site Plan Review shall be subject to the additional procedures described in this section.
C.
An application for Major Historic Resource Review shall be processed as a Type II-B application subject to the additional procedures described below:
1.
Prior to the Planning Commission public hearing the Landmarks Advisory Commission shall hold a public meeting to consider the application materials and staff report. The Landmarks Advisory Commission may invite the applicant and other interested parties to present evidence relevant to the criteria and standards pertinent to the proposal, giving reasons why the application should or should not be approved or proposing modifications that are necessary for approval.
a.
A public notice of the Landmarks Advisory Commission meeting shall be made following the notice procedures described in Section 12.72.040.
i.
Additional notice for relocation or demolition of Significant Historic Resources is required. The notice for a Major Historic Resource Review regarding the relocation or demolition of a structure shall include information on the historic significance of the property and shall invite the public to provide alternatives to the relocation or demolition.
b.
The Landmarks Advisory Commission shall pass an oral motion recommending the Planning Commission approve, approve with conditions or deny the application for the Major Historic Resource Review. The oral motion shall include a recommendation on which conditions should be included in the planning commission's decision if the Landmarks Advisory Commission recommends approval with conditions.
D.
Upon approval of a Major Historic Resources Review a Certificate of Appropriateness prepared by the Historic Resources review officer shall be made available to the applicant alongside the notice of decision. This Certificate of Appropriateness shall be prepared following the procedure outlined in Section 12.36.090A of this Code.
(Ord. 736, 3/27/2025; Ord. 737, 1/22/2026)
§ 12.90.130 Major Historic Resource Review application and submittal requirements.
The following information shall be submitted as part of a complete application for Major Historic Resource Review:
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 existing resources that will be affected by the proposed alteration, demolition, relocation or new construction. This may include photographs of the interior and exterior of relevant structures;
D.
Elevations or plan drawings of any proposed alteration or construction which shall include detailed descriptions of the materials and methods of construction to be used;
E.
A copy of the record of designation or National Register nomination documents; and
F.
Other documentation or evidence as requested by the Historic Preservation Officer.
(Ord. 736, 3/27/2025)
§ 12.90.150 Major Historic Resource Review decision criteria.
Approval of a Major Historic Resource Review shall be based upon consideration of the following:
A.
A property must 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;
B.
The historic integrity of a property must be retained and preserved. The relocation of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property must be avoided;
C.
The proposal must not create a false sense of historical development. (ex. adding conjectural features or elements from other historic properties);
D.
Changes to a property that have acquired historic significance in their own right are retained and preserved;
E.
Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property are preserved;
F.
Deteriorated historic features must be repaired rather than replaced. The severity of deterioration requires replacement of a distinctive feature, the new feature must match the old in design, color, texture, and, where possible, materials. Replacement of missing features must be substantiated by documentary and physical evidence;
G.
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;
H.
Archeological resources must be protected and preserved in place. If such resources must be disturbed, mitigation measures must be undertaken;
I.
The proposal conforms to all applicable design guidelines adopted by the Commission as part of the Commission's duties in accordance with the Jefferson Municipal Code.
J.
The following additional criteria apply to all proposals for new buildings in the Historic Preservation Overlay:
1.
Materials on at least the primary façade(s) of new buildings are compatible in size, shape, color, and texture to the original materials on the facades of surrounding historic buildings;
2.
Window and door opening are similar in size and orientation (vertical to horizontal) to openings on historic buildings and should take up a similar percentage of the overall façade as those on surrounding historic buildings;
3.
The relationship of the width to the height of the principal elevations for new buildings is in scale with the surrounding structures and streetscape. Wider new building can be divided into segments that more closely resemble the façade widths of historic buildings; and
4.
The roof shape of new buildings is visually compatible with the surrounding structures and streetscape. Unusual roof shapes, materials, and pitches are discouraged.
K.
The following additional criteria apply to all proposals for additions to structures in the Historic Preservation Overlay:
1.
Additions to existing Locally Significant Historic Resources must be in scale with the surrounding structures and streetscape;
2.
The roof shape of the addition is visually compatible with the surrounding structures and streetscape. Unusual roof shapes, materials, and pitches are discouraged;
3.
Materials on at least the primary façade(s) of the addition are compatible in size, shape, color, and texture to the original materials on the facades of the original building;
4.
Window and door opening are of similar in size and orientation (vertical to horizontal) to openings on the original structure and should take up a similar percentage of the overall facade as the original structure;
5.
New additions are subordinate to the original building. Subordinate additions are lower in height, attached to the rear or are set back from the front elevation of the structure along the side, and shall are smaller in scale than other parts of the structure; and
6.
New additions and related new construction must not destroy historic materials, features, and spatial relationships that characterize the property. The new work must be differentiated from the old and must be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment; or
7.
New additions and related new construction must be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
L.
The following additional criteria apply to all proposals to relocate a Significant Historic Resource:
1.
The relocated Significant Historic Resource remains within the City limits of Jefferson;
2.
The new site provides a suitable setting and ensures the Significant Historic Resource's long-term preservation; and
3.
The owner has an approved plan for the new site or is applying for site review as part of this application.
M.
The following additional criteria apply to all proposals to demolish a Significant Historic Resource:
1.
The planner or designee determines and states in writing that the Significant Historic Resource cannot be safely removed from the site; and
2.
The value to the community of a proposed new use on the site of the Significant Historic Resource outweighs the value of retaining the Significant Historic Resource. Public testimony must be considered when making this determination.
(Ord. 736, 3/27/2025)
§ 12.90.170 Major Historic Resource Review conditions.
The Planning Commission may designate conditions in connection with the Major Historic Resource Review as it deems necessary to secure the purpose of this chapter and the purpose of Chapter 12.36 of this Code. The Planning Commission may require the guarantees and evidence that such conditions will be complied with Such conditions may include:
A.
Regulation of uses to ensure that future uses remain historically compatible;
B.
Regulation of building materials, textures, colors, architectural features and height;
C.
Landscaping, screening and buffering where necessary to reduce conflicts with adjoining Locally Significant Resources;
D.
Special yards or setbacks to ensure visual compatibility with a historical streetscape; and
E.
Other similar conditions which will preserve the Historic Integrity of Locally Significant Resources and is necessary to secure the purpose of Chapter 12.36 of this Code.
F.
The Planning Commission may consider the following special conditions when approving applications to relocate or demolish Locally Significant Resources:
1.
Detailed photographic, video, textual and/or drawn recordation of the subject property in its original location be completed prior to the demolition or relocation;
2.
A Significant Historic Resource be relocated to a new site when demolition is proposed, and that, to the extent feasible, the new location is similar to the original site and that the original setback and orientation of the building is replicated on the new lot;
3.
The owner obtain permission from the National Park Service to move the National Register Resource in order to retain the property's listing in the National Register of Historic Places and/or assume all responsibility and cost of removing the property from the National Register of Historic Places if permission cannot be obtained;
4.
Other reasonable mitigation measures which are necessary to secure the purpose of Chapter 12.36 of this Code.
(Ord. 736, 3/27/2025)
§ 12.90.190 Additional protections for National Register Resources procedure.
A.
An application to add additional protections for existing National Register resources shall be made by the City of Jefferson, or any person, group, or government agency on a form prescribed by the city, and shall be accompanied by the prescribed fee and evidence demonstrating compliance with the decision criteria in Section 12.90.150, provided the proposed Historic Resource is not the subject of a pending application for alteration, relocation, or demolition.
B.
An application to add additional protections for a National Register Resource shall be processed as a Type II-B application subject to the additional procedures described below:
1.
Commission Initiated Application. The Landmarks Advisory Commission may make a direct recommendation that the Planning Commission add additional protections to a National Register resource at a public meeting. In this case the Commission must pass a motion describing how the Historic Resource(s) considering the criterion described in Section 12.90.150, describing the benefit of additional protections for the Historic Resource, and directing the Historic Resource Officer to prepare findings and protection recommendations and provide them to the Planning Commission. The protection recommendations shall serve as a complete application for additional protections for a National Register resource.
2.
General Applications. In the case that an application to add additional protections for a National Register Resource is made by an entity other than the Landmarks Advisory Commission, then prior to the Planning Commission public hearing the Landmarks Advisory Commission shall hold a public meeting to evaluate and determine if a National Historic Resource requires additional protections.
a.
During the meeting the Landmarks Advisory Commission must evaluate and determine if the Resource requires additional protections per the decision criteria in Section 12.90.230.
b.
The Landmarks Advisory Commission shall pass an oral motion recommending the Planning Commission approve or deny the application for additional protections for a National Register Resource. The oral motion shall also direct the Historic Preservation Officer to prepare findings of fact and protection recommendations and provide them to the Planning Commission during the public hearing.
(Ord. 736, 3/27/2025; Ord. 737, 1/22/2026)
§ 12.90.210 Additional protections for National Register Resources application and submittal requirements.
The following information shall be submitted as part of a complete application for additional protections for a National Register resource:
A.
The National Register nomination document;
B.
A complete list of additional protections proposed; and
C.
Other documentation or evidence as requested by the Historic Preservation Officer.
(Ord. 736, 3/27/2025)
§ 12.90.225 Additional protections for National Register Resources criteria.
A.
Decisions for historic resource applications shall be made final on the 13th day after written notice of the decision has been mailed per Section 12.72.040 of this Code.
1.
Additional notice for relocation or demolition of a Significant Historic Resource is required. Major Historic Resource Reviews for relocation or demolition shall be made final on the 20th day after written notice of the decision has been mailed. As a result the appeal period for decisions related to the relocation or demolition of a Significant Historic Resource shall be modified to 19 days.
a.
A notice of an approved demolition shall include additional information announcing the demolition, the criteria under which the demolition was approved, the historic significance of the property, and invite the public to provide alternatives to the demolition for consideration during an appeal.
b.
Notice of any approved demolitions or relocations shall be provided to the State Historic Preservation officer.
B.
Decisions listing Locally Significant Resources or adding additional protections for a National Register Resource shall be effective in perpetuity unless amended by the procedures in this chapter or in Chapter 12.36 of this Code.
C.
Approval for Major Historic Resources Reviews shall expire 120 days after the notice of the decision is mailed. Approval shall be considered exercised when a Certificate of Appropriateness is presented to the Planner or designee prior to an application for a building permit. One extension of this approval may be granted following the procedure detailed of Section 12.36.090A of this Code.
(Ord. 736, 3/27/2025; Ord. 737, 1/22/2026)
§ 12.90.230 Expiration of approval.
A.
Decisions for historic resource applications shall be made final on the 16th day after written notice of the decision has been mailed per Section 12.72.040 of this Code.
1.
Additional notice for relocation or demolition of a Significant Historic Resource is required. Major Historic Resource Reviews for relocation or demolition shall be made final on the 20th day after written notice of the decision has been mailed.
a.
A notice of an approved demolition shall include additional information announcing the demolition, the criteria under which the demolition was approved, the historic significance of the property, and invite the public to provide alternatives to the demolition for consideration during an appeal.
b.
Notice of any approved demolitions or relocations shall be provided to the State Historic Preservation officer.
B.
Decisions listing Locally Significant Resources or adding additional protections for a National Register Resource shall be effective in perpetuity unless amended by the procedures in this Chapter or in Chapter 12.36 of this Code.
C.
Approval for Major Historic Resources Reviews shall expire 120 days after the notice of the decision is mailed. Approval shall be considered exercised when a Certificate of Appropriateness is presented to the Planner or designee prior to an application for a building permit. One extension of this approval may be granted following the procedure detailed of Subsection 12.36.090A of this Code.
(Ord. 736, 3/27/2025)