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Salem City Zoning Code

CHAPTER 231

HISTORIC ADAPTIVE REUSE

Sec. 231.001.- Purpose.

The purpose of this section is to allow the reuse of individually listed resources and historic-contributing buildings within historic districts in order to promote the preservation of these resources where the original use, or other allowed uses in the zone, are not otherwise feasible and a zone change would be inappropriate.

(Ord. No. 12-20, § 1(Exh. A), 10-26-2020, eff. 11-25-2020)

Sec. 231.005. - Historic resource adaptive reuse.

(a)

Applicability.

(1)

No historic resource shall be reused for a use not otherwise allowed in the zone without historic resource adaptive reuse approval as provided in this section.

(2)

No use for which historic resource adaptive reuse approval has been granted shall be changed to another use that is not otherwise allowed in the zone without receiving a new historic resource adaptive reuse approval.

(b)

Procedure type. An application for historic resource adaptive reuse is processed as a Type III procedure under SRC chapter 300.

(c)

Submittal requirements. In addition to the submittal requirements for a Type III application under SRC chapter 300, an application for historic resource adaptive reuse shall include:

(1)

Documentation of economic hardship demonstrating the property is incapable of generating a reasonable economic return, including, but not limited to:

(A)

The purchase price of the building or resource;

(B)

Assessed value for the two years immediately preceding the application;

(C)

Current fair market value of building or resource as determined by appraiser;

(D)

Real estate taxes for the two years immediately preceding the application;

(E)

The annual gross income generated from the building or resource for the last two years;

(F)

The debt associated with the building or resource including a profit and loss statement for the two years immediately preceding the application; and

(G)

Any expenditures associated with the building or structure during the two years immediately preceding the application.

(2)

Documentation demonstrating good faith efforts of the property owner to sell, rent, or lease the building or resource, including, but not limited to:

(A)

All real estate listings for the building or resource for the past two years, including prices asked/offers received; and

(B)

All real rental listings for the building or resource for the past two years including rental prices and number of rental applications received.

(3)

Site plan. A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:

(A)

The total site area, property lines with dimensions, and orientation relative to north;

(B)

The location, width, and names of all existing streets, alleys, flag lot accessways, and public accessways abutting the perimeter of the subject property;

(C)

The location and distance to property lines of all existing and proposed primary and accessory structures and other improvements including fences, walls, driveways, off-street parking areas, off-street loading areas, vehicle turnaround areas;

(D)

Identification of vehicle, pedestrian, and bicycle parking and circulation areas, including handicapped parking stalls, disembarking areas, accessible routes of travel, and proposed ramps;

(E)

The location of all existing and proposed landscape areas on the site, with an indication of square footage and total percentage of site area;

(F)

The location, height, and material of fences, berms, walls, and other proposed screening as they relate to landscaping and screening required by SRC chapter 807;

(G)

The location of all trees and vegetation required to be protected under SRC chapter 808; and

(H)

The location of any natural topographic features on the subject property, including, but not limited to, creeks, drainage ways as shown on the most recent USGS maps, wetlands as shown on the Local Wetland Inventory, and floodplains.

(4)

For any proposed recreational and cultural community services use, documentation describing how the proposed use will educate the community about the historical significance of the resource.

(d)

Criteria. An application for historic resource adaptive reuse shall be granted if the following criteria are met:

(1)

The building is a historic contributing building or an individually listed resource.

(2)

The use of the historic resource for any other use allowed in the zone is not otherwise economically feasible, or the proposed use provides a benefit to the public by either:

(A)

Providing public access to the building, structure, or site that would not otherwise be possible if the use were not allowed;

(B)

Enhancing or better protecting the resource;

(C)

Providing an educational benefit to the community directly related to the interpretation of the historical significance of the resource; or

(D)

Providing a service that fulfills an identified need in the neighborhood.

(3)

The proposed use will be compatible with and have minimal impact on the livability and general development character of adjacent properties.

(4)

Any identified reasonably likely adverse impacts of the use on adjacent properties are minimized.

(5)

The proposed use, and any related improvements to the site and any buildings or structures, will not adversely affect any character defining features of the resource.

(e)

Transfer of historic adaptive reuse approval. Unless otherwise provided in the decision granting the historic adaptive reuse approval, historic adaptive reuse approval shall run with the land.

(f)

Historic design review. Historic design review is required for any exterior alterations to a building or structure that has received historic resource adaptive reuse approval.

(g)

Uses permitted. Historic contributing buildings and individually listed resources may be adaptively reused for any of the uses set forth in this subsection subject historic adaptive reuse approval.

(1)

Residential historic districts and individually listed resources in residential zones. The uses set forth in Table 231-1 are allowed subject to historic adaptive reuse approval within historic contributing buildings in residential historic districts or within individually listed resources in residential zones.

TABLE 231-1. USES WITHIN RESIDENTIAL HISTORIC DISTRICTS AND INDIVIDUALLY LISTED RESOURCES IN RESIDENTIAL ZONES
UseStatus
Limitations & Qualifications
Inside
Historic
District
Individually Listed Resource
Household Living
Single family P P
Two family P P
Three family P P
Four family P P
Group Living
Room and board P P
Retail Sales and Service
Eating and drinking establishments P N/A The following eating and drinking establishment activities, when located on a lot abutting the boundary of the historic district, an arterial street, and a more intensive zone outside the historic district:
 ■ Coffee house.
 ■ Tea house.
N/A P The following eating and drinking establishment activities:
 ■ Coffee house.
 ■ Tea house.
N N All other eating and drinking establishments.
Retail sales P N/A The following retail sales activities, when located on a lot abutting the boundary of the historic district, an arterial street, and a more intensive zone outside the historic district:
 ■ Book stores.
 ■ Clothing, footwear, and apparel stores.
 ■ Art gallery and framing shops.
 ■ Used merchandise and consignment stores.
N/A P The following retail sales activities:
 ■ Book stores.
 ■ Clothing, footwear, and apparel stores.
 ■ Art gallery and framing shops.
 ■ Used merchandise and consignment stores.
N N All other retail sales.
Personal services N N The following personal service activities:
 ■ Laundromats.
 ■ Laundry and dry-cleaning establishments.
P N/A All other personal services, when located on a corner lot abutting an arterial or collector street; or when located on a lot abutting the boundary of the historic district, an arterial street, and a more intensive zone outside the historic district.
N/A P All other personal services.
Business and Professional Services
Office P N/A When located on a corner lot abutting an arterial or collector street; or when located on a lot abutting the boundary of the historic district, an arterial street, and a more intensive zone outside the historic district.
N/A P
Recreational and cultural community services P P Recreational and cultural community services activities whose primary purpose is to provide an educational benefit to the community directly related to the interpretation of the historical significance of the resource.
N N All other recreational and cultural community services.
Other
The use for which the building or structure was originally constructed P P

 

(2)

Non-residential historic districts and individually listed resources in non-residential zones. The uses set forth in Table 231-2 are allowed, subject to historic adaptive reuse approval, within historic contributing buildings in non-residential historic districts or within individually listed resources in non-residential zones.

TABLE 231-2. USES WITHIN NON-RESIDENTIAL HISTORIC DISTRICTS AND INDIVIDUALLY LISTED RESOURCES IN NON-RESIDENTIAL ZONES
UseStatus
Limitations & Qualifications
Inside
Historic
District
Individually Listed Resource
Lodging
Short-term commercial lodging P P
Retail Sales and Service
Eating and drinking establishments P P
Retail Sales P P The following retail sales activities:
 ■ Book stores.
 ■ Clothing, footwear, and apparel stores.
 ■ Art gallery and framing shops.
 ■ Used merchandise and consignment stores.
N N All other retail sales.
Business and Professional Services
Office P P
Recreation, Entertainment, and Cultural Services and Facilities
Commercial Entertainment—Indoor P P
Other
The use for which the building or structure was originally constructed P P

 

(Ord. No. 12-20, § 1(Exh. A), 10-26-2020, eff. 11-25-2020)

Sec. 231.010. - Historic resource adaptive reuse expansion.

(a)

Applicability. No use for which historic resource adaptive reuse approval has been granted shall be increased in size or extended into other areas of the site without receiving approval as provided in this section.

(b)

Procedure type. An application for historic resource adaptive reuse expansion is processed as a Type III procedure under SRC chapter 300.

(c)

Submittal requirements. In addition to the submittal requirements for a Type III application under SRC chapter 300, an application for historic resource adaptive reuse expansion shall include:

(1)

Site plan. A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:

(A)

The total site area, property lines with dimensions, and orientation relative to north;

(B)

The location, width, and names of all existing streets, alleys, flag lot accessways, and public accessways abutting the perimeter of the subject property;

(C)

The location and distance to property lines of all existing and proposed primary and accessory structures and other improvements including fences, walls, driveways, off-street parking areas, off-street loading areas, vehicle turnaround areas;

(D)

Identification of vehicle, pedestrian, and bicycle parking and circulation areas, including handicapped parking stalls, disembarking areas, accessible routes of travel, and proposed ramps;

(E)

The location of all existing and proposed landscape areas on the site, with an indication of square footage and total percentage of site area;

(F)

The location, height, and material of fences, berms, walls, and other proposed screening as they relate to landscaping and screening required by SRC chapter 807;

(G)

The location of all trees and vegetation required to be protected under SRC chapter 808; and

(H)

The location of any natural topographic features on the subject property, including, but not limited to, creeks, drainage ways as shown on the most recent USGS maps, wetlands as shown on the Local Wetland Inventory, and floodplains.

(d)

Criteria. An application for historic resource adaptive reuse expansion shall be granted if the following criteria are met:

(1)

The expanded use will be compatible with and have minimal impact on the livability and general development character of adjacent properties.

(2)

Any reasonably likely adverse impacts on adjacent properties resulting from the expanded use are minimized.

(3)

The expanded use, and any related improvements to the site and any buildings or structures, will not adversely affect any character defining features of the resource.

(Ord. No. 12-20, § 1(Exh. A), 10-26-2020, eff. 11-25-2020)