A.   Register of Milton-Freewater Historic Sites.

B.   State of Oregon uniform building code, chapter 41, "Historic Buildings", sections 4101-4105.

C.   The secretary of the interior's standards for historic preservation projects with guidelines for applying the standards, U.S. department of the interior, heritage conservation and recreation service, technical preservation service division, Washington, D.C. 1979. (Ord. 707, 4-27-1987)

A.   New Use: Upon receipt of a proposal for a new use in a historic site or structure, the planning director shall determine whether the use is administered by level I or II procedures (section 10-3-7 or 10-3-8 of this title) or is administered by level III procedures (section 10-3-9 of this title). Further administrative action shall be governed by the section which applies to the request.

1.   The proposed use is compatible with the identified historical, archeological, or cultural value identified on or near the site.

2.   The request is in conformance with other applicable sections of this title.

3.   The proposed new use will take into consideration setbacks, excavation, landscaping, scenic views and other man caused land disturbances in relation to the identified historic site or structure.

4.   The proposed new use will assist in preserving the significant physical characteristics of the historic site or structure.

5.   The physical changes necessary for the proposed new use will not require substantial alteration, thus diminishing the historic significance of the historic site or structure.

6.   Conditions may be attached to the approval of a zoning or conditional use permit to ensure the viability of the historic site or structure, including use of the documents referenced in section 10-13-4 of this chapter. Said conditions may include, but not be limited to, setbacks, site design, landscaping, architectural style, scale, texture and construction materials.

7.   New development shall not be approved if it is found to be detrimental to the historic site or structure as unsightly or otherwise adversely affecting the architectural significance; the integrity of historical appearance, educational, and historical value, or is found not to be in accord with other review criteria.

B.   Exterior Alterations:

1.   Upon receipt of a zoning or development permit application to change the exterior or a historic structure, the planning director shall review the application within thirty (30) days to determine if the application will be harmonious and compatible with the character of the historic resource with respect to style, scale, texture and construction materials, and/or will enhance the historical value of the historic structure.

2.   Conditions may be attached to the approval of a building permit to ensure the viability of the historic structure, including use of the documents referenced in section 10-13-4 of this chapter. Said conditions may include, but not be limited to, setbacks, site design, landscaping, architectural style, scale, texture, and construction materials.

3.   Historic structure alteration review standards are as follows:

a.   The distinguishing original qualities or character of a building, structure or site, and its environment, shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

b.   All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

c.   Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

d.   Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

e.   Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of feature, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

f.   Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

g.   Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.

h.   Whenever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the structure, the essential form and integrity of the structure would be unimpaired.

C.   Demolition Or Moving:

1.   When demolition or moving is proposed for a historic structure, the planning director or planning commission and the historic structure owner shall endeavor to prepare an economically feasible plan for preservation of the historic structure. The possibilities of purchase of the historic structure by interested persons, organizations, or government agencies shall be explored.

2.   If a designated historic structure is to be demolished or moved, the planning director shall require the applicant to assist the appropriate historical organization to record the historic structure, and its setting by means of photographs, pictures, artifacts or architectural detail salvage, written description, measured drawings or other means of documentation. (Ord. 707, 4-27-1987)

A.   The applicant shall provide a plot plan at a scale no smaller than one inch to one hundred feet (1" = 100'). The plot plan shall accurately show property boundaries; natural features, i.e., trees, shrubs, rock outcropping, etc.; the existing and proposed uses, and any other pertinent information that would help to identify how the proposed use and the historic, archeological or cultural use would coexist in a compatible manner. The planning director may refer the request to other agencies or individuals for their review and comment. If, after review, the planning director or planning commission finds that the development meets the criteria above, the application shall be approved and the applicant shall obtain a zoning permit prior to commencement of any work. Any development shall conform to the plot plan submitted by the applicant and approved by the planning director or planning commission.

B.   In the case of a permit for the alteration of a historic site or structure, the planning director or planning commission shall:

1.   Approve the request as submitted;

2.   Approve the request with modifications;

3.   Delay the final decision on the request for sixty (60) days to allow time for an alternative to the alteration to be developed.

1.   Approve the request;

2.   Approve the request with modifications; or

3.   Deny the request.

C.   In the case of an application for demolition of a historic site or structure, the planning director shall order:

1.   The immediate issuance of the permit if the planning director finds all of the following:

a.   The structure cannot be economically maintained or restored, giving due consideration to all potential uses to which the structure might reasonably be put upon restoration by the property owner;

b.   A program or project does not exist which may result in preservation of the structure;

c.   Delay of the permit would result in unnecessary and substantial hardship to the applicant;

d.   Issuance of the permit will not act to the substantial detriment of the public welfare considering the significance of the structure and the economic, cultural and energy consequences of demolishing the structure; or

e.   No other reasonable alternative to demolition exists.

2.   The immediate issuance of the permit if the structure for which the demolition permit has been requested has been damaged in excess of fifty percent (50%) of its assessed value due to fire, flood, wind, or other act of God.

3.   Delay issuance of the permit for up to sixty (60) days. During this period, the planning director shall attempt to determine if public or private acquisition and preservation is feasible or if other alternatives are possible which could be carried out to prevent demolition of the site or structure. (Ord. 707, 4-27-1992)

A.   The planning commission shall, from time to time, designate sites and structures within the city as being of such historic, archeological and cultural significance that conservation and protection from conflicting land uses is warranted.

B.   These designations shall be made through the public hearing process described in section 10-3-14 of this title. The commission shall seek the advise of the Milton-Freewater Historical Society, Umatilla County Historical Society, government agencies, and other knowledgable and interested individuals and organizations.

C.   The commission may create ad hoc or permanent committees to assist it with this function. (Ord. 707, 4-27-1987)

D.   Sites and structures found to be of sufficient age and/or historical interest may be added to the Milton-Freewater Register of Historic Sites and Structures. (Ord. 764, 5-26-1992)