(1)

The purpose of this Chapter is to establish procedures and standards to preserve, protect, maintain, and enhance those landmark resources which represent or reflect elements of the City's history, cultural, social, economic, political, and architectural history, and to provide educational value, enjoyment and economic diversification as well as beautification of the City and enhancement of property values.

(2)

A designated landmark, or part thereof, must not be demolished, relocated or altered, or new construction take place on a historic resource site except in conformity with this Chapter.

Any project that involves federal property, federal funding, or federal licensing or permitting is subject to State Historic Preservation Office (SHPO) review as required by Section 106 of the National Historic Preservation Act. Federal projects often include work done in national parks, funding from HUD grants, and permits from the Army Corps of Engineers.

Definitions in this Chapter are specific to Historic Resources, Significant Historic Resources, Landmarks and Historic Preservation and only apply to this Chapter.

Adaptive Reuse. As it relates to a landmark structure or an accessory feature of a landmark, modifying the landmark to a use or activity which is allowed under the applicable planning district designation.

Alteration. Addition to, or otherwise change the exterior appearance of any part of a landmark including new construction. Maintenance and repair as defined in TDC 68.140(2) is not considered alteration of a landmark.

Archaeological Site. As defined in state law ORS 358.905 "Archaeological site" means: (1) A geographic locality in Oregon, including but not limited to submerged and submersible lands and the bed of the sea within the state's jurisdiction, that contains archaeological objects and the contextual associations of the archaeological objects with: (a) Each other; or (b) Biotic or geological remains or deposits. (2) Examples of archaeological sites described in subparagraph (1) of this paragraph include but are not limited to shipwrecks, lithic quarries, house pit villages, camps, burials, lithic scatters, homesteads and townsites.

Archaeological Site of Significance. As defined in state law, ORS 358.905 "Site of archaeological significance" means: (1) Any archaeological site on, or eligible for inclusion on, the National Register of Historic Places as determined in writing by the State Historic Preservation Officer; or (2) Any archaeological site that has been determined significant in writing by an Indian tribe.

Archaeological Object. As defined in state law ORS 358.905(1) means an object that: (1) Is at least 75 years old; (2) Is part of the physical record of an indigenous or other culture found in the state or waters of the state; and (3) Is material remains of past human life or activity that are of archaeological significance including, but not limited to, monuments, symbols, tools, facilities, technological by-products and dietary by-products.

Historic Resources. Are those buildings, structures, objects, sites or district that potentially have a significant relationship to events or conditions of the human past.

Historic Resources Inventory. Is a compilation or update of information on those buildings, structures, objects, sites or districts that have been surveyed and potentially have a significant relationship to events or conditions of the human past.

Owner. Means any one of the following: (1) The owner of fee title of the property as shown in the deed records of the County where the property is located; (2) The purchaser under a land sale contract, if there is a recorded land sale contract in force for the property; (3) If the property is owned by the trustee of a revocable trust, the settler of a revocable trust, except that when the trust becomes irrevocable only the trustee is the owner; (4) For a locally significant historic resource with multiple owners, including a district, a simple majority of owners as defined in (i) through (iii). (5) Does not include individuals, partnerships, corporations or public agencies holding easements or less than fee interests (including leaseholds) of any nature; or (6) Means for National Register Resources, the same as defined in 36 CFR 60.3(k).

Landmark. Is a locally significant historic resource, which includes any site, object, building, structure or district designated as a landmark by the City.

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).

Significant Historic Resource. A local landmark or a National Register Resource.

When the City chooses to inventory potential historic resources or update an existing inventory, it must comply with state law. The Historic Resource Inventory is maintained by the City and available to the public.

(1)

After the City compiles an inventory of potential historic resources or updates an existing inventory, it must evaluate which resources in the inventory are significant, in compliance with state law.

(2)

The evaluation of significance should be based on the National Register Criteria for Evaluation, historic context statement, and historic preservation plan. The National Register criteria are:

(a)

Significant association with events that have made a significant contribution to the broad patterns of local, regional, state or national history;

(b)

Significant association with the lives of persons significant to local, regional, state or national history;

(c)

Distinctive characteristics of a type, period or method of construction, or represents the work of a master or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction;

(d)

A high likelihood that, if preserved, would yield information important in prehistory or history; or

(e)

Relevance within the local historic context and priorities described in the historic preservation plan.

(1)

After inventorying and evaluating the significance of historic resources, the City must adopt or amend its historic resource list if it chooses to protect a historic resource.

(2)

Each site, structure, building, object or district designated by the City as a landmark must be added to the City's Designated Landmark List, except as otherwise provided for in Section 68.100 (6).

(3)

The City's Designated Landmark's List must be maintained by the City Manager and made available to the general public on the City's website.

(4)

City's Designated Landmark List

• Luster House (c.1857) 9030 SW Sagert Street (2S126AB, 102)

• Sweek House (1858) 18815 SW Boones Ferry Road (2S123, 300)

• Byrom House (1878) 9385 SW Arikara Street (2S126CD, 5600)

• Jurgens Barn (c.1880) 17700 SW Shasta Trail (2S114CD, 9700)

• Francis House (1885) 8430 SW Avery Street (2S125BC, 5401)

• Zeke Eddy House (c.1890) 9005 SW Avery Street (2S126AA, 700)

• Little White House (c.1890) 8570 SW Cherokee Street (2S123AA, 1500)

• Wesch House (c.1890) 18400 SW 86th Avenue (2S123AA, 1601)

• Smith/Boone House (c.1895) 18815 SW Boones Ferry Road (2S123, 300)

• Winona Cemetery (1900) 9900 SW Tualatin Road (2S123BA, 2700)

• Black House (1900) 11640 SW Myslony Street (2S122C, 1500)

• Robinson Store (1912) 18810 SW Boones Ferry Road (2S124BC, 3001)

• Elmer House (1914) 11450 SW Elmer Court (2S114DC, 1100)

• Wager House (1915) 12075 SW Tualatin-Sherwood Road (2S127B, 300)

• Logan House (1917) 19930 SW Boones Ferry Road (2S123DD, 1600), now currently located at 8678 SW Logan Lane

• (1918) 11325 SW Tualatin-Sherwood Road (2S127B, 700), now currently located at 20570 SW 115th Avenue (2S127AB00900)

• Sherburn House (1925) 19840 SW Boones Ferry Road (2S123DD, 1400)

• Methodist Church (1926) previously located at 19100 SW Boones Ferry Road (2S124CB, 900), the Methodist Church building was relocated to 8700 SW Sweek Drive and is currently the Heritage Center.

• Avery Chicken Hatchery (1939) 8385 SW Avery Street (2S125BB, 601)

• Winona Grange (1940) 8340 SW Seneca Street (2S124BC, 4700)

(1)

National Register Resources must be protected regardless of whether the resources are also designated by the City as a Landmark.

(2)

In addition to other requirements of this Chapter, the review of demolition or relocation that includes a National Register Resource must consider the following factors:

(a)

Condition;

(b)

Historic integrity;

(c)

Age;

(d)

Historic significance;

(e)

Value to the community;

(f)

Economic consequences;

(g)

Design or construction rarity; and

(h)

Consistency with and consideration of other policy objectives in the acknowledged comprehension plan.

(3)

The City may apply additional protection measures upon considering, at a public hearing, the following factors:

(a)

Historic characteristics identified in the National Register nomination;

(b)

The historic significance of the resource;

(c)

The relationship to the historic context statement and historic preservation plan contained in the comprehensive plan;

(d)

The goals and policies in the comprehensive plan; and

(e)

The effects of the additional protection measures on the ability of property owners to maintain and modify features of their property.

(4)

National Register Resources List: • John Sweek House (1858) 18815 SW Boones Ferry Road (2S123D003400)

(1)

Applicability. Buildings, structures, sites, or objects may be designated as a landmark, as provided in this section.

(2)

Procedure Type. Designation of a landmark is processed as a Type IV procedure under TDC Chapter 32.

(3)

Who May Request Designation. A landmark designation may be initiated by the following:

(a)

The City Council;

(b)

The owner of the proposed resource; or

(c)

Any other person may file a request with the City Council for initiation of the designation of a landmark, provided the proposed resource is not the subject of a pending application for alteration or demolition that was submitted prior to the date of the initiation of designation.

(4)

Additional Submittal Requirements. In addition to the submittal requirements for a Type IV application under TDC Chapter 32, an application for landmark designation must include:

(a)

Narrative description of the proposed resource addressing the criteria in (5) below and including:

(i)

Significant features of the site to be covered by the designation; and

(ii)

Significant people and events connected with the proposed resource.

(b)

Site plan;

(c)

Current photographs of all elevations of the building or structure and any significant feature;

(d)

Copies of any historical photographs, plans, or maps;

(e)

Any other documentation demonstrating the significance of the proposed resource; and

(f)

A statement explaining compliance or non-compliance with the applicable approval criteria contained in TDC 33.070(5) and TDC 68.100(4).

(5)

Criteria. An application for the designation of a landmark must be granted if the following criteria in (a) (b) and (c) below are met:

(a)

Age. The proposed landmark is at least fifty years old, or demonstrates exceptional significance if less than fifty years of age; and

(b)

Significance. The proposed landmark demonstrates significance in at least one of the following areas:

(i)

Is listed on the National Register of Historic Places;

(ii)

Has a primary or secondary ranking in the City's Historic Resource Inventory;

(iii)

Is associated historically with the life or activities of a person, group, organization or institution that has made a significant contribution to the local community, state, or nation;

(iv)

Is associated with events that have significantly affected past social or economic activities in the community, state or nation;

(v)

Has yielded, or may be likely to yield, important information concerning prehistory or history;

(vi)

Has relevance within the local historic context and priorities described in an historic preservation plan;

(vii)

Embodies the distinctive characteristics or a type, period, or method of construction;

(viii)

Represents the work of a master;

(ix)

Possesses high artistic values in its workmanship and materials;

(x)

Site or structure is significant as a visual historic resource; or

(xi)

Site, in its immediate setting, retains the planting scheme, plant materials, or land uses of the relevant historic period or the landscaping is consistent with that period.

(c)

Integrity:

(i)

The building or structure retains sufficient original design characteristics, craftsmanship, or material to serve as an example of an architectural period or a significant building type, structural type, construction technique or recognized architectural style;

(ii)

The building or structure is in its original setting and remains substantially as originally constructed; or

(iii)

Site, in its immediate setting, retains its landscaping or land uses of the relevant historic period.

(6)

Owner Consent. A property owner may refuse to consent to landmark designation at any point during the designation process under state law; In this case, the City must not include the property on the landmark list if the owner of the property objects to its designation on the public record. A refusal to consent during the designation process acts to remove the property from consideration for landmark designation. The City is not required to remove a historic resource from an inventory because an owner refuses to consent on designation.

(1)

Applicability. Prior to the issuance of a permit for the demolition of a Landmark or National Register Resource, the owner must first obtain a demolition permit. A neighborhood developer meeting is required before application for a demolition of a Landmark or National Register Resource can be made. At the time a demolition application is made, the City Manager must review alternatives to demolition with the owner of the Landmark or National Register Resource, including, but not limited to local, state and federal preservation programs; other alternatives may include, but are not limited to, sale of the property or building to preserve it and/or appropriate relocation.

(2)

Procedure Type. A Permit for Demolition of a Landmark is a Type II procedure under TDC Chapter 32. A Permit for Demolition of a National Register Resource is a Type IV-A procedure under Chapter 32 and pursuant to state law.

(3)

Additional Submittal Requirements. In addition to the submittal requirements in TDC Chapter 32 for a Type II demolition application for a Landmark or a Type IV-A demolition application for a National Register Resource, a demolition application must include:

(a)

The street address or other easily understood geographical reference to the historic resource property;

(b)

A drawing or site map illustrating the location of the historic resource;

(c)

A statement explaining compliance with the applicable approval criteria;

(d)

Plan drawings to include site, landscaping and elevations, drawn to scale;

(e)

Photographs of the significant historic resource which show all exterior elevations and views from each direction of the property;

(f)

A list of mailing recipients of the Neighborhood/Developer meeting; and

(g)

Any other information deemed necessary by the City Manager.

(4)

Notice of Application to Tualatin Historic Society. In addition to any other persons entitled to notice under TDC Chapter 32 (Type II Decision for a Landmark and Type IV-A Decision for National Register Resource), the City Manager must mail notice of application to demolish a significant historic resource to the president of the Tualatin Historical Society.

(5)

Criteria for Demolition Permit.

(a)

A National Register Resource Demolition Permit is subject to the criteria and requirements of Section 68.050, 68.110 (7) Mandatory Conditions of Approval and TDC Section 68.120.

(b)

A Landmark Demolition Permit must be granted if the applicant demonstrates at least one of the following:

(i)

The landmark is no longer historically significant.

(ii)

The landmark is no longer architecturally significant; or

(iii)

The benefits of demolishing the landmark and the construction of the identified conflicting permitted use(s) outweigh the value to the community of preserving the landmark.

(6)

Evidence and Judgment of Criteria for Landmark Demolition Permit. This criterion applies only when a Landmark is not also a National Register Resource. The criteria will be judged based upon the following factors:

(a)

The information used in the original designation of the landmark;

(b)

Any evidence the applicant or property owner has provided demonstrating that there would be no reasonable, long-term economic benefit to the property owner from preservation of the historic resource. In making this determination, the owner must show that all uses or adaptive uses of the landmark have been thoroughly examined. For example:

(i)

The fact that a higher economic return would result from demolition than preservation on its own is insufficient to meet criterion (b).

(ii)

A lack of adequate funds to pursue potential uses or adaptive uses is insufficient to meet the criterion (i.e., selling, partially preserving, or moving the historic resource are options that must be considered).

(c)

Whether issuance of a Landmark Demolition Permit would act to the detriment of the public welfare;

(d)

The City may consider the Economic, Social, Environmental and Energy consequences to the community of demolishing the historic resource as compared to preserving it;

(e)

The physical condition of the historic resource; and

(f)

For a landmark, whether it is identified as a primary or secondary resource, which are distinguished by the age of resource. Additional importance must be accorded to preserving historic resources with a primary designation.

(7)

Mandatory Conditions of Approval. Each Landmark or National Register Resource Demolition permit must contain a condition to require the owner to:

(a)

List the significant historic resource for sale with a real estate agent for a period of not less than 90 days; it must be advertised in at least one local or state newspaper of general circulation in the City for a minimum of ten days over a 5-week period. A copy of the advertisement must be submitted to the Planning Department prior to issuance of a demolition permit from the Building Official;

(b)

Post a sign offering the significant historic resource "For Sale." For a historic building the sign must read as follows: HISTORIC BUILDING TO BE DEMOLISHED—FOR SALE; If the significant historic resource is not a building, the specific type of resource, such as structure or object, should be substituted for the word "Building" in the sign. The applicant must post the sign within ten feet of a public street on the parcel on which the significant historic resource is located. The applicant is responsible for assuring that the sign is posted for a continuous 90-day period in conjunction with (a) above. Marketing conducted by the applicant or property owner prior to application for demolition or relocation which meets requirements of 5(a) and

(c)

Above may be applied towards meeting the requirements;

(d)

Prepare and make available through the City any information related to the history and sale of the property to all individuals, organizations and agencies who inquire; and

(e)

Prepare photographic documentation, architectural drawings, and other graphic data or history as deemed necessary by the City Manager to preserve an accurate record of the significant historic resource. The basic format to be followed will be guidelines from the Historic American Building Survey (HABS, December 1973). The historical documentation materials are the property of the City or other party determined appropriate by the City Manager.

(1)

Pursuant to State Law, the City must not issue a permit for the demolition or modification of a Landmark or National Register Resource for at least 120 days from:

(a)

The date of the property owner's refusal to consent to historic resource designation, or

(b)

The date of an application to demolish or modify the resource.

(2)

During this waiting period, the City Manager must review alternatives to demolition with the owner of the Landmark or National Register Resource, including, but not limited to, local, state and federal preservation programs, sale of the resource and relocation of the resource.

(1)

Applicability. Buildings, structures, sites, objects or districts may have local landmark designation removed as provided in this section, except as provided in Section 68.120 (3).

(2)

Procedure Type. Removal of a local landmark designation is processed as a Type IV-A procedure under Chapter 32.

(3)

Who May Initiate Removal. Removal of local landmark designation may be initiated by the following:

(a)

The City Council; or

(b)

The owner of the landmark.

(4)

Additional Submittal Requirements. In addition to the submittal requirements for a Type IV-A application under TDC 32.140, an application for removal of landmark designation must include:

(a)

Narrative description of the resource proposed for delisting including:

(i)

Significant features of the site covered by the designation; and

(ii)

An evaluation of the current integrity of the resource including an assessment of the amount of remaining original design characteristics, craftsmanship and material.

(b)

Site plan;

(c)

Current photographs numbered and labeled with all elevations and views in each direction (north, east, south and west) of the landmark;

(d)

Documentation demonstrating that the owner objected to the original designation if applicable;

(e)

Any other documentation demonstrating that the resource proposed for delisting no longer meets the requirements of TDC 68.100 (Landmark Designation); and

(f)

A statement explaining compliance or non-compliance with the applicable approval criteria contained in TDC 33.070(5).

(5)

Criteria. An application for removal of a landmark designation must be granted if either of the following criteria is met:

(a)

The property no longer meets the criteria for local landmark designation under TDC 68.100 (Landmark Designation); or

(b)

The owner at the time of application for removal was the owner at the time of designation; and

(c)

The owner can demonstrate either:

(i)

An objection to designation in the public record; or

(ii)

That the owner was not provided an opportunity to object to the designation.

(6)

Effect of 120-day Delay for Demolition or Modification Permit on Landmark List. When a landmark is approved for demolition it must not be removed from the Landmark List until the required 120-day delay period as provided in Section 68.120 is completed, and no alternative has been deemed by the City to prevent the demolition of the landmark.

(1)

Applicability. Prior to the issuance of a permit for the relocation of a significant historic resource, the owner must first obtain a significant historic resource relocation permit. A neighborhood developer meeting is required before application for a relocation of a significant historic resource can be made. At the time relocation application is made, the City Manager must review alternatives to relocation with the owner of the significant historic resource, including, but not limited to local, state and federal preservation programs. Other alternatives may include, but are not limited to, sale of the property or building to preserve it.

(2)

Procedure Type. Landmark Relocation approval is a Type II procedure under TDC Chapter 32. National Register Resource Relocation approval is a Type IV-A procedure under Chapter 32, and pursuant to State Law.

(3)

Additional Submittal Requirements. In addition to the submittal requirements in TDC Chapter 32 for a Type II relocation application for a Landmark or Type IV-A relocation application for a National Register Resource, an application for relocation must include:

(a)

The street address or other easily understood geographical reference to the historic resource property;

(b)

A drawing or site map illustrating the location of the historic resource;

(c)

A statement explaining compliance with the applicable approval criteria;

(d)

Plan drawings to include site, landscaping and elevations, drawn to scale;

(e)

Photographs of the historic resource which show all exterior elevations;

(f)

A list of mailing recipients of the Neighborhood/Developer meeting; and

(g)

Any other information deemed necessary by the City Manager.

(4)

Notice of Application to Tualatin Historic Society. In addition to any other persons entitled to notice under TDC Chapter 32 (Type II Decisions and Type IV Decisions), the City Manager must mail notice of application to relocate a significant historic resource to the president of the Tualatin Historical Society.

(5)

Criteria.

(a)

A National Register Resource Relocation Permit is subject to the criteria and requirements of Section 68.050, 68.130 (7) Mandatory Conditions of Approval and TDC Section 68.120.

(b)

A Landmark Relocation Permit must be granted if the applicant demonstrates at least one of the following:

(i)

The proposed relocation site will not compromise the historical and architectural significance of the historic resource, and

(ii)

Relocation is the only alternative for preservation of the significant historic resource.

(6)

Evidence and Judgment of Criteria for a Landmark Relocation Permit. The criteria will be judged based upon the following factors:

(a)

The information used in the original designation of the landmark;

(b)

Whether the landmark is within a Planning District that allows higher density or intensity of development than currently exists on the site, or is on land that is needed to accommodate the planned widening or realignment of a public road or transportation facility;

(c)

Whether the landmark can reasonably be used in conjunction with a use permitted in the Planning District;

(d)

Whether the continued location of the landmark on a proposed development site precludes development of other uses permitted on the site;

(e)

Whether the landmark is structurally capable of relocation;

(f)

Whether the proposed relocation site is an appropriate setting for the landmark;

(g)

Whether the proposed relocation site is within the City limits or preferably within the neighborhood within which it is currently located; and

(h)

The City may apply the Economic, Social Environmental and Energy consequences to the community of relocating the historic resource as compared to preserving it.

(7)

Mandatory Conditions of Approval. Each Significant Historic Resource Relocation permit must contain a condition to require the owner to prepare and make available through the City any information related to the history and sale of the property to all individuals, organizations and agencies who inquire.

(8)

Effect on Landmark List. When a landmark is relocated to another site within the City limits, the designated landmark status is automatically retained for that landmark at the new site unless an application for landmark designation removal is submitted and approved under TDC 68.125.

(1)

Applicability. Prior to making any alteration to or new construction on a designated landmark property, including any contributing structures a Landmark Alteration Permit is required. Applications for alterations or new construction on landmark property require Architectural Review approval in addition to a Landmark Alteration Permit.

(2)

Exceptions. 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 Building Official determine is required for the public safety due to an unsafe or dangerous condition does not require a Landmark Alteration Permit. Maintenance or repair include, but are not limited to the following activities:

(a)

Replacement of gutters and downspouts, or the addition of gutters and downspouts, using materials that match either existing materials or those that were typically used on similar style buildings;

(b)

Repairing, or providing a new foundation that does not result in raising or lowering the building elevation unless the foundation materials and craftsmanship contributes to the historical and architectural significance of the historic resource;

(c)

Replacement of wood siding, when required due to deterioration of material, with wood material that matches the appearance of the original siding;

(d)

Repair and/or replacement of roof material with the same kind of roof materials existing, or with materials which replicate the original roof;

(e)

Installation of storm windows and doors made with wood, bronze or flat finished anodized aluminum or baked enamel frames which complement or match the color, detail and proportions of the building;

(f)

Replacement of wood sashes with wood sashes, or the addition of wood sashes when such is consistent with the original historic appearance; and

(g)

Painting and related preparation.

(3)

Procedure Type. A Landmark Alteration Permit is subject to Type II Review in accordance with TDC Chapter 32.

(4)

Additional Submittal Requirements. In addition to the information required for a complete application in accordance with TDC Chapter 32, the following information must be submitted:

(a)

A drawing or site map illustrating the location of the landmark including any contributing structures or landscaping on the site;

(b)

A statement explaining compliance with the applicable approval criteria, as appropriate;

(c)

Plan drawings to include site, landscaping and elevations, drawn to scale;

(d)

Photographs of the landmark and its site with views from all directions (north, east, south and west) which show all exterior features and structures in the context of the site; Photographs must be numbered and labeled and include a description of what is shown;

(e)

A list of owners of property within 1,000 feet of the subject property together with the owners' current mailing addresses; and

(f)

Any other information deemed necessary by the City Manager.

(5)

Criteria. A Landmark Alteration Permit must be granted if the applicant demonstrates:

(a)

The alteration will not diminish the historical significance of the landmark;

(b)

The alteration will not diminish the architectural significance of the landmark;

(c)

The design of the proposed structure is compatible with the design of the landmark on the site considering scale, style, height, architectural detail, materials and colors;

(d)

The location and orientation of the new structure on the site is consistent with the typical location and orientation of similar structures on the site considering setbacks, distances between structures, location of entrances and similar siting considerations;

(e)

The use of the landmark, the reasonableness of the proposed alteration, and the relationship of these factors to the public interest in preservation of the landmark;

(f)

The value and significance of the historic resource;

(g)

The physical condition of the historic resource;

(h)

The United States Department of the Interior's Secretary of the Interior Standards:

(i)

A property must be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment;

(ii)

The historic character of a property must be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property must be avoided;

(iii)

Each property is recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural elements from other buildings, must not be undertaken;

(iv)

Most properties change over time; those changes that have acquired significance in their own right must be retained and preserved;

(v)

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property must be preserved;

(vi)

Deteriorated historic features must be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature must match the old in design, color, texture, and other visual qualities and where possible, materials. Replacement of missing features must be substantiated by documentary, physical, or pictorial evidence;

(vii)

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials must not be used. The surface cleaning of structures, if appropriate, must be undertaken using the gentlest means possible;

(viii)

Significant archeological resources affected by a project must be protected and preserved. If such resources must be disturbed, mitigation measures must be undertaken;

(ix)

New additions, exterior alterations, or related new construction must not destroy historic materials that characterize the property. The new work must be differentiated from the old and must be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment; and

(x)

The addition, adjacent, or related new construction is undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

All decisions made under this Chapter are void after one year from the date the decision was mailed unless:

(1)

A building permit has been issued and substantial construction pursuant to building permit has taken place as defined by the Oregon Uniform Building Code; or

(2)

The City Manager grants an extension under TDC 68.160.

(1)

Applicability. The City Manager may grant a one-year extension of a decision under this Chapter.

(2)

Procedure Type. Extensions of Approval pursuant to this section are processed as a Type I procedure under TDC Chapter 32.

(3)

Submittal Requirements. In addition to the submittal requirements under TDC 32.150, an application for an extension must include the reason(s) the request is being made.

(4)

Criteria. An application for an extension must be approved if the City Manager finds there have been no significant changes in any conditions, ordinances, regulations, or other standards of the City or applicable agencies that affect the previously approved decision so as to warrant its resubmittal.

(5)

Number of Extensions. There is no limit on the number of extensions the City Manager may grant.

(Ord. 1414-18, 12-10-18)