The purpose of this section is to: (6/23)

A.

Promote the historic, educational, architectural, cultural, economic, and general welfare of the public through the preservation, restoration and protection of those buildings, structures, sites, and objects of historic interest within the city; (9/18)

B.

Foster civic pride in the accomplishments of the past; and (5/98)

C.

Carry out the provisions of the Land Conservation and Development Commission Goal 5. (5/98)

D.

To protect National Register Resources, regardless of whether the resources have been formally designated through the process described in section 2.127.04. (9/18)

No land shall be used, and no building, site, object, or structure of significance, or part thereof shall be demolished, moved, or altered, nor shall any new construction take place within a resource site except in conformity with this section. (6/23)

The following definitions shall apply to this section:

Alteration. A change, addition, or modification to the exterior of a building. (5/98)

Demolish. To raze, destroy, dismantle, deface or in any other manner cause partial or total destruction of a resource. (9/18)

Major public improvement. The expenditure of public funds or the grant of permission by a public body to undertake change in the physical character of property on a resource site, except for the repair or maintenance of existing public improvements. (9/18)

National Register Resource. Buildings, structures, objects, sites, or districts listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966 (PL 89-665; 16 U.S.C. 470). (9/18)

Resource. A site, object, building or structure designated by the council under section 2.127.04. (9/18)

A.

Process. The process for designating a resource may be initiated by the council, the planning commission, or by the owner of the subject property who submits an application for designation to the zoning administrator. (9/18)

B.

Information. The following information shall be required in a property owner application: (9/18)

1.

The property owner's name and address (all owners must sign the application); (9/18)

2.

A written description of the boundaries and/or the location of the proposed resource; (9/18)

3.

A map illustrating the boundaries and/or the location of the proposed resource; (9/18)

4.

A statement explaining the following: (5/98)

a.

The reason(s) why the proposed resource should be designated; (9/18)

b.

The reason(s) why the boundaries of the proposed resource are appropriate for designation; (9/18)

c.

The potential impact, if any, which designation of the proposed resource would have on the residents or other property owners in the area. (9/18)

5.

Any other information deemed necessary by the zoning administrator. (5/98)

C.

Council action. Applications for historic resource designation or removal of designation shall be reviewed in accordance with the Type II-B review procedure specified in section 3.202.04. The council shall hold a public hearing pursuant to Keizer Development Code section 3.206.04. The council shall make a written record approving, approving with conditions, disapproving, or postponing final action on the request. Approvals designating a resource shall be in the form of an ordinance. (9/18)

D.

Decision factors. The council shall consider the following factors in determining whether to approve a proposed resource: (9/18)

1.

Association with the life or activities of a person, group, organization, or institution that has made a significant contribution to the city, county, state, or nation; (5/98)

2.

Association with an event that has made a significant contribution to the city, county, state, or nation; (5/98)

3.

Association with broad patterns of political, economic, or industrial history in the city, county, state, or nation; (5/98)

4.

Significance as an example of a particular architectural style, building type and/or convention; (5/98)

5.

Significance due to quality of composition, detailing, and/or craftsmanship; (5/98)

6.

Significance as an example of a particular material and/or method of construction; (5/98)

7.

Significance because the resource retains its original design features, materials, and/or character; (5/98)

8.

Significance as the only remaining, or one of the few remaining resources of a particular style, building type, design, material, or method of construction; (5/98)

9.

Significance as a visual resource; (9/18)

10.

Significance because existing land-use surrounding the resource contribute to the integrity of the historic period represented; (5/98)

11.

Significance because the resource contributes to the continuity or historic character of the street, neighborhood, and/or community; (5/98)

12.

Significance because the property is 50 years old or older in conjunction with other factors listed above; (9/18)

13.

The resource is listed on the National Register of Historic Places. (5/98)

Not all factors must be present and the council in its discretion may give more weight to certain factors as it may determine. (9/18)

E.

Removal of designation. The process for removing a resource designation may be initiated by the council, the planning commission, or by the property owner who submits to the zoning administrator an application for removal of the designation. The council may amend or remove its designation by following procedures required by this section for designating a resource, including the adoption of appropriate findings. (6/23)

F.

Property owner refusal to consent. A property owner may refuse to consent to historic designation at any point during the designation process described above. Refusal to consent must be provided in writing or must be provided on the public record at any hearing pertaining to the request for designation. Such refusal to consent shall immediately remove the property from any consideration for historic property designation. (9/18)

A.

Planning commission approval. No person shall move, demolish, modify, or cause to be demolished any National Register Resource or locally designated resource unless a permit to do so has first been obtained. Application for a permit shall be on a form provided by the zoning administrator and contain information deemed necessary by the zoning administrator. In no case may a permit be issued for at least 120 days from: (9/18)

1.

The date of a property owner's refusal to consent to resource designation; or (9/18)

2.

The date of an application to demolish or modify the resource; or (9/18)

3.

The date of an application for removal of the designation as outlined in in section 2.127.04.E. (9/18)

B.

Review process. Application for a permit shall be reviewed in accordance with the Type II-C review procedures specified in section 3.202.04. The planning commission shall hold a public hearing pursuant to Keizer Development Code section 3.206.04. (9/18)

C.

Decision factors. The planning commission shall review plans, drawings, and photographs submitted by the application, and other information presented at the public hearing concerning the proposal. In determining whether the requested demolition or moving is appropriate, the planning commission shall consider the following: (9/18)

1.

Provisions of the applicable comprehensive plan; (5/98)

2.

The purpose of this section; (6/23)

3.

The factors used in the original designation of the resource; (6/23)

4.

The historic integrity, age, design or construction rarity, and historic significance of the resource. (9/18)

5.

Whether denial of the request will involve substantial hardship to the applicant; (5/98)

6.

Whether issuance of the permit would act to the substantial detriment of the public welfare and be contrary to the purpose and scope of this section; (6/23)

7.

The value to the community, economic, social, environmental and energy consequences of demolishing or moving the resource compared to preserving it; and (9/18)

8.

The physical condition of the resource. (5/98)

Not all factors must be present and the planning commission in its discretion may give more weight to certain factors as it may determine. (9/18)

D.

Planning commission approval. The commission may approve the demolition or moving request after considering the factors in this section. If approved, and if no appeal is filed, the zoning administrator shall issue the permit in compliance with all other applicable law. (9/18)

E.

Planning commission denial. The commission may disapprove the demolition or removal request after considering the factors in this section if it determines that, in the interest of preserving historical or architectural values, the resource should not be demolished or moved. (9/18)

F.

Planning commission postponement.

1.

The commission may postpone taking final action on a request for issuance of a demolition or moving permit for a period fixed by the commission that is no more than 60 days following the date of public hearing. Further postponements may be made for a period not to exceed a total of 120 days from the date of application or initiation, if the commission makes the findings specified in subsection (F)(2) of this section. (9/18)

2.

Further postponements as stated above may only be made if the commission finds: (5/98)

a.

There is a program or project underway that could result in public or private acquisition of the resource; and (9/18)

b.

There is a reasonable ground for believing the program or project may be successful. (5/98)

3.

After granting a further postponement, the commission may order the zoning administrator to issue the permit if it finds: (5/98)

a.

All programs or projects to save the resource have been unsuccessful; (5/98)

b.

The application for demolition or moving has not been withdrawn; (5/98)

c.

The application otherwise complies with federal and state law; and (9/18)

d.

The application should be approved considering the factors set forth in section 2.127.05.C. (9/18)

G.

Appeals. A decision by the commission to approve, disapprove or postpone issuance of a demolition or moving permit or to grant a further postponement may be appealed to the council by any aggrieved party who appeared orally or in writing, in person or through an attorney at the commission hearing and presented or submitted testimony related to the request under consideration. The appeal shall comply with the requirements in section 3.207. (5/98)

H.

Alternative actions. At the time a demolition or moving application is made the zoning administrator shall review alternatives to demolition or moving with the owner of the resource, including local, state and federal preservation programs. (5/98)

I.

Additional requirements. During a period of postponement, the commission may require the property owner to:

1.

List the resource for sale with a real estate agent for a period of not less than 90 days. (9/18)

2.

Give public notice by posting the hearing notice on-site in addition to a for sale sign, which shall read: HISTORIC BUILDING TO BE MOVED OR DEMOLISHED—FOR SALE. Lettering on the sign shall be at least one foot in height. The sign shall be provided by the city and be posted in a prominent and conspicuous place within ten feet of a public street abutting the premises on which the resource is located. The applicant is responsible for ensuring that the sign is posted for a continuous 90-day period in conjunction with No. 1. above. (9/18)

3.

Prepare and make available any information related to the history and sale of the property to all individuals, organizations, and agencies that inquire. (9/18)

4.

Assure that the owner has not rejected the highest bona fide offer for sale and removal of the resource. (5/98)

J.

Press notification. Prior to issuance of a demolition permit, the zoning administrator shall issue a press release to local and state newspapers of general circulation in the county. The press release shall include, but not [be] limited to, a description of the significance of the resource, the reasons for the proposed demolition or removal, and possible options for preserving the resource. (5/98)

K.

Permit conditions. As a condition for approval of a demolition permit, the commission may:

1.

Require photographic documentation, preparation of architectural drawings, and other graphic data or history as it deems necessary to preserve an accurate record of the resource. The historical documentation materials shall be the property of the city or other party determined appropriate by the commission. (9/18)

2.

Require that specific artifacts, materials, or equipment be protected and saved. The owner may keep all such materials. (9/18)

L.

Dangerous building. This section shall not be construed to make it unlawful for any person, without prior approval of the commission, to comply with an order to remove or demolish any resource determined to be dangerous to life, health, or property. (6/23)

A.

Scope. No person shall a designated resource nor shall any new building or structure be constructed on a resource site unless approval is first obtained under this section. In addition, no major public improvements shall be made on a resource site unless approved by the commission. (9/18)

B.

Application process. Application for alteration of a resource or new construction on a resource site, shall be made to the zoning administrator. The application shall be on a form provided by the zoning administrator and shall contain information deemed necessary by the zoning administrator. (9/18)

C.

Planning commission action. Applications for alteration of a resource or new construction shall be reviewed in accordance with the Type II-C review procedures specified in section 3.202.04. The commission shall hold a public hearing pursuant to Keizer Development Code section 3.206.04. The commission shall approve or disapprove issuance of the requested permit. The commission may attach conditions to the approval, which must be adhered to for the approval to remain valid. (9/18)

D.

Decision factors. The commission shall consider the following factors in determining whether to approve an alteration request: (9/18)

1.

The purpose of this section; (6/23)

2.

The provisions of the applicable comprehensive plan; (5/98)

3.

The use of the resource, the reasonableness of the proposed alteration, and the relationship of these factors to the public interest in the preservation of the resource; (5/98)

4.

The value and significance of the resource; (5/98)

5.

The physical condition of the resource; (5/98)

6.

The effect of requested changes related to the original exterior design, arrangement, proportion, detail, scale, color, texture, and/or materials; (5/98)

7.

Pertinent aesthetic factors as identified by the commission; (5/98)

8.

Economic, social, environmental and energy consequences of the proposed alteration; and (5/98)

9.

Any design guidelines adopted by the commission. (5/98)

Not all factors must be present and the planning commission in its discretion may give more weight to certain factors as it may determine. (9/18)

E.

Repair and maintenance provisions. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature which does not involve a change in design, material or appearance of such feature or which the zoning administrator shall determine is required for the public safety due to an unsafe or dangerous condition. (9/18)