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Shady Cove City Zoning Code

HISTORIC PRESERVATION

§ 154.250 PURPOSE.

   (A)   It is public policy of the city that the protection, enhancement, perpetuation and continued use of site and improvements of a special historical or architectural interest or value are in the best interests of the community. Also, the preservation of significant historic sites and buildings is a community responsibility and related implementing measures are required by the state and by statewide planning goal #5.
   (B)   The purposes of this section are:
      (1)   To provide for the preservation and protection of sites and improvements within the community of the city that reflects or represents elements of the city's cultural, social, economic, political or architectural history;
      (2)   To safeguard the community's historic, aesthetic and cultural heritage, as reflected in improvements and areas of historic significance;
      (3)   To complement the efforts of the Southern Oregon Historical Society, the state and other organizations or individual efforts aimed at historical preservation;
      (4)   To foster civic pride in the activities and accomplishments of the past; and
      (5)   To carry out the provisions of planning goal #5.
(Ord. 225, passed 10-20-1994, § 19.1)

§ 154.251 DEFINITIONS.

   For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   ALTERATION. The addition to, removal of or from, or physical modification or repair of, any exterior part or portion of a landmark or structures in a Historic District, including signs.
   ARCHITECTURAL SIGNIFICANCE. A site or structure having ARCHITECTURAL SIGNIFICANCE:
      (1)   Portrays the environment of a group of people in an era of history characterized by a distinctive architectural style;
      (2)   Embodies those distinguishing characteristics of an architectural specimen;
      (3)   Is the work of an architect or master builder whose individual work has influenced the development of the community or region; or
      (4)   Contains elements of architectural design, detail, materials or craftsmanship which represent a significant innovation.
   BOARD. The "Historic Review Board" of the city.
   DEMOLISH. To raze, destroy, dismantle, deface or in any other manner cause partial or total ruin of a designated landmark or structure in a Historic District or elsewhere in the community.
   EXTERIOR. Any portion of the outside of a landmark or building or structure, or any addition thereto. Any portion of the building that is visible from the outside.
   HISTORICAL SIGNIFICANCE. The structure or district:
      (1)   Has character, interest or value as part of the development, heritage or cultural characteristics of the community, state or nation;
      (2)   Is the site of a historic event with an effect upon society or of notable interest;
      (3)   Is identified with a person or group of persons who had some influence on society; or
      (4)   Exemplifies the cultural, political, economic, social or historic heritage of the community.
(Ord. 225, passed 10-20-1994, § 19.2)

§ 154.252 HISTORIC REVIEW BOARD.

   The Planning Commission shall function as the Historic Review Board of the city, until the time as the City Council determines that a different or separate body is more appropriate for this function. The Board will not schedule special meetings for the purpose of carrying out its duties, but will place historic preservation items on the agenda of regular Planning Commission meetings and act on them accordingly. If found to be necessary or appropriate, special meetings, public hearings or study sessions may be scheduled for the purpose of Board business.
(Ord. 225, passed 10-20-1994, § 19.3)

§ 154.253 DESIGNATION OF HISTORIC BUILDINGS OR SITES.

   (A)   All sites specifically listed in the comprehensive plan or in:
      (1)   State Inventory;
      (2)   Southern Oregon Historical Society markers; or
      (3)   Other sites of local significance and shown on a city historic inventory map as "designated" buildings or sites in the city.
   (B)   The City Council, after recommendation by the Historic Review Board, may designate new historic buildings or sites and direct that they be included on the Historic Inventory Map. New designations shall be made through the following procedure.
      (1)   Upon receipt of a request to have a specific building or site designated a site of historical significance, the Board shall schedule a public hearing, shall advertise the hearing in a newspaper of local distribution and shall notify the owners of all tax lots within a radius of 200 feet of the subject site by letter or the hearing.
      (2)   The Historic Review Board shall conduct the public hearing and provide adequate opportunity for comments from all interested parties. Written comments shall also be considered and entered into the record of the proceedings.
      (3)   The Board shall consider the proposal according to the five criteria listed as the purpose in § 154.250 and submit a recommendation to the City Council, along with the minutes of the hearing and any additional documentation.
      (4)   The City Council may act directly on the recommendation of the Board or may conduct its own public hearing at its option. If the Council determines that the proposal is consistent with the criteria of § 154.250, it may designate the building or site as "historic".
      (5)   Following designation of a new building or site, city staff shall add that building or site to the city's historic inventory map in the comprehensive plan, in accordance with the city's minor amendment procedures, but without further public hearings.
      (6)   City designation of a historic structure or site shall not be interpreted as a recommendation for state, national or other formal recognition, however, other local and state historic agencies or groups shall be notified of the local designation.
(Ord. 225, passed 10-20-1994, § 19.4)

§ 154.254 EXTERIOR REMODELING OF A HISTORIC STRUCTURE.

   (A)   Before a building permit is issued for the enlargement or any other exterior modification of any designated historic structure, other than painting and minor repair, the applicant shall be subject to a site plan review process of the city and to be conducted by the Historic Review Board. If the Board determines that the proposed modifications will result in a significant change to the structure's appearance, and in conflict with its original character or architectural style, the Board may schedule a public hearing in accordance with § 154.253.
   (B)   At least 14 days prior to the site plan review meeting, the applicant shall submit three copies of the proposed plans, showing the following information:
      (1)   Photographs of the building in its present state; and
      (2)   Sketches or renderings of the exterior appearance of the building following the work to be done and specifying the types of materials to be used.
   (C)   (1)   The Board shall render a decision to:
         (a)   Grant;
         (b)   Grant with conditions; or
         (c)   Deny the proposal.
      (2)   The decision shall be based on finding related to the criteria listed in § 154.250 and shall be made within 45 days of submittal of a complete applications. Failure to act within the 45-day period shall constitute approval of the plans as submitted by the applicant and he or she shall not be denied the necessary building permits; provided, the plans meet all other zoning and building code requirements.
   (D)   Modifications done to the exterior of any building of historical significance shall include designs, materials and finishes that are of a type that will appear to be similar to the original design, materials and finishes and that will contribute to the enhancement and preservation of the historic character and value of the structure.
   (E)   Plans approved by the Board shall apply until the work is completed. Changes in plans or materials shall be reviewed and approved by the Board as a regular meeting agenda item if the changes are minor or not considered significant. If such plans are considered by the Board to be significant changes and may have adverse consequences on the structure's historic character or appearance, a new public hearing may be scheduled and a new 45-day review period will begin from the time the completed change request is submitted.
   (F)   The applicant may appeal a decision of the Board to the City Council; provided, the appeal is in writing and submitted within 15 calendar days of the Board's decision.
   (G)   An appeal may also be made to the Council by any person or persons, other than the applicant, who participated in the Board's review process, who was notified as a property owner within the 200-foot radius or who was in some other way affected by the decision.
(Ord. 225, passed 10-20-1994, § 19.5)

§ 154.255 CONDEMNATION AND DEMOLITION OF HISTORIC BUILDINGS.

   (A)   No historic building or structure shall be demolished unless so authorized by the City Council. The applicant for the demolition of a historic structure shall submit the following application materials to the Historic Review Board for consideration:
      (1)   Names and addresses of the applicant, owners of the structure and property, and contractors or others involved;
      (2)   A vicinity map showing the specific location of the property and the location of the structure on the property;
      (3)   Photographs showing each elevation (side) of the building with the dates the photos were taken; and
      (4)   A statement explaining the reason(s) why the building is being considered for demolition.
   (B)   The Board shall schedule and conduct a public hearing to consider the proposal and to provide opportunities for public comment.
   (C)   The Board, in arriving at a decision, shall take into consideration at least the following criteria:
      (1)   The present state of the building and the reasonableness of estimated restoration costs, if the costs are known;
      (2)   The character of the neighborhood in which the structure is located and its relationship to other historic structures, if any;
      (3)   The city's comprehensive plan for the area and the importance other proposed land uses and development to the neighborhood and the community; and
      (4)   Alternatives to demolition, including preservation and relocation.
   (D)   The Board will submit its decision, recommendations, findings and other supporting documentation to the City Council, which will either:
      (1)   Permit the building to be demolished; or
      (2)   Suspend issuance of permission to demolish for a fixed number of days not to exceed 120 from the date of application, if it is determined that:
         (a)   It is in the best interests of the community to try to save this particular structure; and
         (b)   There is reason to believe that a program or project may be undertaken which could result in public or private acquisition of the building or which could cause the building to be restored or preserved.
   (E)   The City Council, upon request, may extend the suspension period for an additional 120 days, if there is reason to believe that a program or project is in progress or being attempted to save the historic structure.
   (F)   If the suspension period has elapsed and the applicant has not withdrawn the request to demolish, then the applicant shall be allowed to demolish the historic structure in accordance with the city's ordinances pertaining to demolition and public safety.
   (G)   (1)   If a historical building for which permission has been granted for demolition has not been demolished within one year from the date permission was granted, then that permission becomes null and void and the applicant must either:
         (a)   Reapply for a demolition permit; or
         (b)   Request an extension of the one-year time limit.
      (2)   The City Council will reconsider the issue and may grant or deny the request.
(Ord. 225, passed 10-20-1994, § 19.6)

§ 154.256 OTHER PROVISIONS.

   (A)   Condemnation. Before the City Council takes any action to condemn a building or structure designated as a historic building or structure, the Historic Review Board shall first review the structure's condition and restoration or preservation potential and provide a recommendation to the Council prior to a final decision.
   (B)   Records of demolished buildings. If a designated historic building is to be demolished, the city shall first:
      (1)   Attempt to gather a pictorial or graphic history of the building or site with any additional data as may be available;
      (2)   With permission of the owner, attempt to obtain artifacts from the building or site which it feels worthy of preservation. The items may be submitted to a museum or other appropriate location for safe keeping; and
      (3)   Notify persons or agencies, such as the Jacksonville Museum, Southern Oregon Historical Society and State Historic Preservation Office that may be interested in the significance of the building.
   (C)   Removal of historic designation. Removal of a historic site or building from the list of historic inventory map of the comprehensive plan shall be subject to the provisions of § 154.253 and shall include a public hearing by the Board.
   (D)   Signs and plaques. The owner of a designated historical building or structure, or a historically significant site, may install, or approve the installation of, an identification plaque or marker that indicates the name, date, architect or other appropriate information about the property; provided that, the size, materials, design, placement and text of the plaque or marker is approved by the Historic Review Board.
(Ord. 225, passed 10-20-1994, § 19.7)