Myrtle Creek City Zoning Code

Purpose. Buildings and sites in the city of Myrtle Creek having special historic associations or significance or of special merit or significance should be preserved as a part of the city's heritage and for the education, enjoyment, and pride of the citizens, as well as the beautification of the city and enhancement of property values. To that end, regulatory controls and administrative procedures are necessary.

Planning Clearance Required. No building, site or object designated as a historic landmark shall be altered, restored, painted or otherwise have the exterior appearance altered; no structure shall be moved or demolished; and no building or other structure, including walls and fences, shall be erected and no grading shall be undertaken on any previously undisturbed historic site listed in the historic resources register unless planning clearance has been approved in accordance with this chapter. Issuance of a "plan check certificate" shall be evidence that requirements of this chapter have been met.

Alterations made to a historic landmark which change the appearance or otherwise affect the historic integrity of the site or structure, without obtaining planning clearance, may result in deletion of that structure from the historic resources register and subsequent withdrawal of special protection benefits provided herein.

Restoration Not Mandatory. Nothing herein contained shall be so construed as to require any affirmative action on the part of any person or property owner with respect to improving existing buildings or uses, nor require an owner to maintain, restore, or preserve a historic site or structure listed in the historic resources register. In addition, the review process shall in no case be exercised so as to impose upon any property owner any peculiar or undue hardship by preventing the removal or demolition of any structure which cannot be economically maintained or restored, giving due consideration to all potential uses to which the same might reasonably be put upon restoration by a private property owner.

To adopt such rules and regulations as it finds necessary or appropriate to carry out the intent of this chapter;

To receive requests by any citizen, or on its own motion, make recommendations concerning the designation of particular buildings, sites and objects as historic landmarks;

To compile and maintain a current list of all historical landmarks with a brief description of each building or site and the special reasons for its inclusion on such list;

To recommend removal from any list of designated historic landmarks such property as it finds no longer worthy of such designation and, if the landmark is demolished or destroyed, to retain a historic record of the resource;

To inspect and investigate any building or site in the city which it has reason to believe is an architectural or historical landmark;

To review all information which it has and hold hearings as prescribed in this chapter and forward the results to the city council;

To coordinate historical preservation programs of the city, county, state and federal governments as they relate to property within the city; and

To make available to the public information concerning its activities and information concerning the various historical landmarks so designated pursuant to this chapter.

Creation of City Historic Register. The "city of Myrtle Creek register of cultural, historic and archaeological resources" (hereinafter called the city register) is hereby created for the purpose of being the official depository of information about the city's historic resources, to be used as a reference for educational and recreational pursuits and to recognize resources for tax assistance and other incentives. The city register shall contain all available information concerning the resources in the city's jurisdiction which are listed in the "National Register of Historic Places" in addition to information concerning resources potentially eligible for the National Register. The city register may also contain general information concerning application requirements for state and federal historic designation and related tax advantages.

Changes to the City Historic Register. Initially, all buildings in the city over 50 years of age and other potential landmarks shall be inventoried and evaluated for significance by the review committee. Those possessing qualities worthy of preservation shall be placed in the city register. All additions, deletions, or other changes to the content of the city register shall be made by resolution of the city council upon the recommendation of the review committee, who shall establish findings based on the criteria set forth in subsection (5) of this section.

Applications for Additions/Deletions. Upon petition to the review committee, or upon its own motion, to designate a particular area, site or object as a historic landmark or to remove a resource from the city register, a hearing shall be scheduled for the next regular planning commission meeting. Notice shall be given pursuant to MCMC § 18.185.170 in a manner similar to a major zoning reclassification, including notice to the petitioner.

If, following the hearing, the review committee establishes that the subject area, site or object is of cultural or historic significance, a recommendation shall be forwarded to the city council to place the subject property in the city register. If the review committee determines that there is no historic significance or that the historic significance has been altered and is not recoverable, the review committee shall recommend the subject property to be deleted from the historic register.

Upon the initiation of action to designate a site or structure as a historic landmark (for which a building permit application is pending) the review committee may direct that planning clearance be delayed up to 60 days from the date of application to allow sufficient time to consider the designation request, conduct a hearing and determine whether the proposed construction affects the appearance or historical significance.

Classification of Sites. Landmarks listed in the city register shall be classified as having either "primary" or "secondary" significance. Resources classified as "primary" are either currently listed on the National Register of Historic Places or considered potentially eligible for the National Register. Resources classified as "secondary" possess qualities of special historic interest and may be considered significant when other factors are considered (such as the historic character of the surrounding area). When reviewing applications for alteration or demolition of a landmark or other proposal impacting a resource, the review committee shall consider the "primary" or "secondary" classification and shall weigh their decision based on the relative significance of the resource.

Criteria for Landmark Designation. The following criteria shall be utilized in evaluating all additions, deletions or other changes to the content of the Myrtle Creek historic resources register. As part of the evaluation process, the review committee shall assign points in the various categories, as appropriate, for a maximum total of 99 points. Points shall be considered by the review committee as a relative measure to establish significance. Additional review for placement on the city register shall not be required for structures listed on the National Register of Historic Places.

Preapplication. Administratively determine the following:

No Exterior Changes. Upon determination that an application pertains to an existing landmark listed in the city register but that no exterior alterations are proposed, the planning department shall issue planning clearance by submitting to the building department a statement that the requirements of this chapter have been satisfied.

Alteration Proposed/Hearing Scheduled. Upon determination that an application proposes to alter the appearance, condition or status of an existing landmark, a hearing shall be scheduled for the next regular planning commission meeting. Notice shall be given pursuant to MCMC § 18.185.170 in a manner similar to a major zoning reclassification, including notice to the applicant (who shall be encouraged to be present). At the hearing, the applicant shall be entitled to be heard and to present evidence. The review committee may also hear testimony from other interested parties, including a representative of the building department.

Decision Criteria. The review committee shall conduct the hearing, review the application, construct findings and render a decision in accordance with MCMC § 18.95.060 (for alterations and exterior remodeling), 18.95.070 (for new construction on historical sites where no structure exists), 18.95.080 (for demolitions) and 18.95.090 (for archaeological sites). All plans, elevations, colors, materials, textures, landscaping and other such information deemed necessary to determine the appropriateness of the exterior features of the landmark in question shall be made available to the review committee by the applicant.

Notice of Decision/Appeal. All decisions of the review committee shall be final unless written appeal (pursuant to Chapter 18.190 MCMC) is received within 10 days after the property owner has been notified, in writing, of the decision of the review committee. Other parties participating at the hearing may request a copy of the written notification.

Ordinary Maintenance and Repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature which does not involve a change in design or outward appearance nor prevent the construction, reconstruction, alteration or demolition because of an unsafe condition or for building code compliance.

Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, site and its environment, or to use a property for its originally intended purpose.

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.

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.

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.

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

Deteriorated architectural features shall be repaired rather than replaced, wherever 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 features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

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

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.

Wherever 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 future, the essential form and integrity of the structure would be unimpaired.

Signs, exterior lighting, and other appurtenances, such as walls, fences, awnings, and landscaping, should be visually compatible with the traditional character of the historic building. Alarms, emergency lighting and other necessary exterior appurtenances should be placed in an unobtrusive manner.

Hearing Scheduled. Upon receipt of a request for exterior alteration of a building listed on the city historic register, a hearing shall be scheduled before the review committee. The alteration or remodeling shall be approved and planning clearance issued if the treatment proposed is found to be harmonious and compatible with the character of the resource and/or is found to enhance the historical value of the resource.

The request shall be disapproved if the proposal will prove to be unsightly or grotesque or otherwise reduce the resource value or historic significance. No recommendations or requirements shall be made except for the purpose of preventing developments obviously out of character with the historic aspects of the landmark and its immediate surroundings.

Decision Criteria. Preservation of a building and its historic character is based on the assumption that (a) the historic materials and features and their unique craftsmanship are of primary importance and that (b) they will be retained, protected and repaired in the process of rehabilitation to the greatest extent possible. It is often necessary, however, to make modifications to a historic building so that it can comply with current health, safety and code requirements and/or be retrofitted for energy conservation. Such work needs to be carefully planned and undertaken so that it does not obscure, radically change, damage or destroy character defining spaces, features and finishes.

To achieve these preservation goals, a two-part evaluation needs to be applied. First, a particular property's materials and features which are important in defining its historic character should be identified, and, second, the potential impact of work necessary to make possible an efficient contemporary use should be assessed. The standards contained in MCMC § 18.95.050 shall be followed by the review committee in their decision making. The "guidelines" published by the Secretary of the Interior may be utilized by the review committee in interpreting the "standards." The "guidelines" may also be used as a model for owners and developers. A copy of the "guidelines" shall be included in the city register.

Results of Noncompliance. If the review committee finds the proposed alterations to be in noncompliance, it may:

Limitations. New structures on or adjacent to significant historic sites or near locations shall comply with the following:

Hearing Scheduled. Proposed plans for new construction on historic sites which do not conform with subsection (1) of this section shall be referred to the review committee. A hearing shall be scheduled and findings shall be prepared addressing the uniqueness of the resource (whether it's of "primary" or "secondary" significance) and the economic, social, environmental and other consequences of approving or denying the application and shall determine whether the request shall be approved or denied. Conditions may be attached to the approval if they are deemed necessary based on the "standards for rehabilitation" contained in MCMC § 18.95.050. Reasonable effort shall be made by the review committee to maintain a significant historic site by a public or private acquisition, protection or preservation project.

Hearing Scheduled. Upon receipt of a request for demolition of a structure listed in the city register or upon receipt of a development proposal on or adjacent to a historic site which encroaches upon or otherwise threatens the preservation of that site, a hearing shall be scheduled before the review committee. If the structure for which the demolition is requested has been damaged in excess of 70 percent of its assessed value due to fire, flood, wind, or other action of God, a demolition permit may be approved by the city administrator without processing the request through the review committee. Failure to initiate review within 30 working days shall be considered as approval of the application.

Decision Criteria. At the hearing, the committee shall review the application and construct findings addressing the structure's state of repair, the reasonableness of repair, restoration costs, the uniqueness of the resource (whether of "primary" or "secondary" significance) and the economic, social, environmental and other consequences of approving or denying the application and determine whether the request shall be approved or denied. The committee may delay clearance on issuance of the demolition permit for up to 60 days from the date of the hearing upon consideration and completion of the following factors:

Extension of Time. Suspension of the permit may be extended if the review committee determines that there is a program or project underway which could result in public or private acquisition of the historic landmark and that there is reasonable grounds to believe that such program or project may be successful. Such extension period shall not delay issuance of planning clearance in excess of 180 days. Therefore, at the end of the 180-day period, if public and/or private funding has not been arranged to compensate the property owner for maintaining or preserving the historic landmark, planning clearance (for historic preservation purposes) shall no longer be withheld.

Historic Record. If the demolition of a landmark is approved, the review committee shall request the Douglas County Museum and local historic preservation societies, in cooperation, to pictorially, graphically and in writing record the historic resource. To the extent that funds are available, artifacts shall be obtained from the resource or site which are worthy of preservation. These artifacts may, as an example, include carvings, cast iron work, or other materials of historic significance.

Reconstruction. There is a recognized value to the community in preserving historic resources; however, when a historical structure is destroyed or damaged to the extent that demolition appears to be the only reasonable alternative, a replica of that structure may be built on the site. The historic designation may be retained when construction duplicates the style, design, size, scale, texture and materials utilized for the original structure.

Reporting of Find. Although no archaeological sites have been identified in the city of Myrtle Creek, it may happen that archaeological objects/deposits are discovered during development activities. For situations where archaeological objects/deposits are discovered during a development action, it is recommended that the discovery be reported to the city as soon as possible.

Alternative Courses of Action. Upon the planning commission's receipt of a report that an archaeological site has been identified, the commission shall recommend compliance with the highest of the following priorities, as practicable, or, if identified in advance of development, shall make it a condition of approval for a proposed land use action:

Disposition of Artifacts. Ownership and disposition of any archaeological objects discovered on private lands must comply with applicable state laws. The relevant Indian tribal government may request to receive recovered nonsacred artifacts following research studies, subject to approval by the developer or land owner.

Signs, Monuments and Plaques. Significant historic sites and sites possessing qualities of special historic interest should be identified by sign or monument. The review committee should promote programs for identification plaques for those significant historic sites and sites of special historic interest not now signed or monumented. Signs and markers not placed or maintained by the state or other responsible agency shall be purchased and maintained by the city. Owners of a landmark who do not desire to have their property identified by a sign or monument may request that the sign or monument not be placed, or, if in place at the time of purchase, that it be removed.

Placement. Signs and monuments identifying historic landmarks for the public shall be placed near the front entrance of a structure at the owner's discretion or, subject to approval by the city administrator, on a city right-of-way adjacent to the resource. Approval of signs for sites adjacent to county rights-of-way shall be subject to approval by the Douglas County director of public works.

Design of Signs. The design of signs and monuments on private lands shall be decided by the review committee after consultation with the Douglas County Museum and public works departments of Douglas County and the city of Myrtle Creek. Historical marker signs in the right-of-way shall be placed in accordance with "The Oregon Manual on Uniform Traffic Control Devices for Streets and Highways."