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HomeMy WebLinkAboutOrdinance No. 19839ORDINANCE N0. 19839 AN ORDINANCE CONCERNING HISTORIC LANDMARKS AND HISTORIC PROPERTY; AMENDING SECTIONS 2.40fi, 2.1990, 9.488, 9.489, 9.490, 9.491, 9.608, AND 9.1190 OF THE EUGENE CODE, 1911; AND AMENDING AND RENUMBERING SECTIONS 2.402, 2.403, 2.407, 2.408, 2.409, 2.410, 2.411, 2.412, 2.413, AND 2.414 OF THAT CODE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 2.40fi of the Eugene Code, 1911, is amended to pro- vide: 2.406 Historic Review Board - Powers an _,d Duties . The board shall: ~a} Des~gnate~~~~a historic landmark pursuant to section 9.204. fib} Remove historic 1 andmark status when the 1 andmark has deteriorated, been altered or destroyed, and no 1 onger meets any of the criteria in section 9.204. ~c} Act upon applications concerning moving or demolition of historic properties. ~d} Review and act upon appeals of planning director deci- s ions for historic property a1 terati ons, i nc1 ud i ng appeals i n i t i - ated by the board . fie} Take all steps necessary to preserve historic properties pursuant to this code which are consistent with the public health, safety, general welfare, and policies of the city. ~f } Institute and support such programs and projects as wi 11 help make the citizens of the city and its visitors aware of its origin, level apment and historic si gnf i cance. fig} Disseminate information to educate the public on preser- vat~ on matters . ~ h } Review and make recommendations to the planning commis - si on and counci 1 on historic aspects of plans, goals, pal i ci es, and programs that are being considered fvr adoption or review. ~i } Adapt rules and guidelines as needed to implement sec- tions 2.404 to 2.406 and 9.20o to 9.218 of this code. In adopt- i ng, revising or repealing rules or guidelines, the board shal l fol 1 ow the procedures set out i n section 2.019 of this code. Section 2. Subsection ~1} of section 2.1990 of the Eugene Code, 1971, is repealed. Section 3 . Sections 2.402, 2.403, 2.401, 2.408, 2.409, 2.410, 2.411, 2.412, 2.413, and 2.414 of the Eugene Code, 1911, are renumbered 9.200, 9.202, Ordinance - 1 9.204, 9.2ofi, 9.208, 9.210, 9.212, 9.214, 9.21fi, and 9.218 respectively, and amended to provide Historic Landmark Preservation Policy 9.200 Pur ose. The purposes of sections 9.200 to 9.218 are to promote the historic, educational , cultural , economic and general welfare of the public, and to safeguard the city's historic and cultural heritage, through the preservation, restoration and pratecti on of bui 1 di ngs, struc- tures and appurtenances, sites, places and objects of historic interest within the city. These purposes shall be accomplished by establishing pro- cedures, incentives, and criteria for designation of historic landmarks, subject to special regulations for development, alterations, moving, demol i - tion, restoration and maintenance. 9.202 Def i n i ti ans . For purposes of sections 2.404 to 2 , 406, 9.200 to 9.218, 9.488 to 9.491, and 9.608, the .following terms and phrases mean Adversel affected erson. As used i n connection with stand- i ng to appeal a quas i -judicial 1 and use decision, "adversely affected person" means a property owner or occupant within sight or sound of the property which is the subject of the land use deci- sion or a person whose personal use and enjoyment of property owned or occupied by that person will be directly affected by the land use change at issue. "Adverse effect" does not include actual or prospective economic 1 oss from increased business competition allowed by the land use change at issue. Al ter. To remove or replace sound historic bui 1 di ng mater- i al s, yr to add to or otherwise change the appearance of any part of a hi stori c property, including interior features that are spe- cified by the historic review board as being a part of the board's approval of historic designation in the city landmark designation or specified when the historic review board reviews a National Register nomination . Maintenance i s not considered alteration of a property. Board. The historic review board of the city. Demolish . Raze, destroy, dismantle, or i n any other manner cause significant partial or total destruction of a hi stori c prop- erty. District. A geographic area possessing a significant concen- tration, linkage, continuity or design relationship of historically significant sites, bui 1 di ngs, structures, 1 andscape features, or ab jects unified by past events or physical devei opment . Ensemble. A small district. Exterior. All outside portions of atn~ historic structure or building. Historic 1 andmark. A bui 1 di ng, and/or site, structure, object, ensemble, 1 andscape feature, thematic group or district designated as a h i stori c landmark under section 9. Z04. Ordinance - 2 Historic property. Any building, site, structure, object, ensemble, 1 andscape feature, thematic group or district that ~a~ Is a hi storic 1 andmark; fib} Is the subject of a formal application or initiation for historic landmark deslgnatian; ~c} Is listed on the National Register of Historic Places; ~d} Is recommended far nomination to the National Reg- ister by the State Advisory Committee on Historic Preserva- tion but has not yet been reviewed by the Keeper of the National Register or has been reviewed by the Keeper of the National Register and was determined "eligible" ; or ~ e ~ I s on the same tract as a structure or bui 1 d i ng either designated as a historic landmark or listed on the National Register of Historic Places and contributes to its historic character. Interior. All portions of a historic structure or building that are not part of the exterior and which normally are accessible to the public. Landscape feature. A decorati ve or functional a1 terati on to land ar vegetation, including trees, gardens, hedges, arbors, cano- pi es, walkways, fences, retaining wal 1 s, water features, gazebos, pavill ions, and similar site features. Long-term lessee. A person or entity holding a right to pos- sess i on of a h i stori c 1 andmark under a wri tten 1 ease with an un- expi red term of not 1 ess than five years from the date upon which the revo1 vi ng fund 1 oan i s approved, Maintenance. Upkeep or repair of historic property that does not remove sound historic building materials or change the prop- erty's appearance. Ma 'or new 1 andsca i n . Anew structural 1 andscape feature or significant planting on the site of a historic property. Signifi- cant plantings cover more than 25~ of the area, or grow to over ten feet in height and are located within 25 feet of a historic bui 1 di ng ar structure. New construction . Anew bui 1 d i ng, structure, parking area, or other improvement, on the same tract as a hi stori c 1 andmark, or structure ar property listed on the National Register of Hi s- toric Places. Noncom at i bl a ro ert . Property i n a h i stori c district or ensemble that contains uses or improvements that detract from or are not harmonious with historic properties i n that district or ensemble. Party . As used i n connection wi th a quas i - j ud i c i a1 or admi n - istrative land use hearing ar decision or appeal, "party" means the app1 icant or any person who has timely submitted written or oral comments to the person or body adjudicating a land use appl i- catian, request, or appeal. Planning director. The person designated by the city manager to supervise development and implementation of the city's h i stor i c preservation programs or his/her designee . Rehabilitation. The return of property to a state of utility, through repair or alteration, which makes possible an efficient can Ordinance - 3 temporary use and preserves or restores the property's historic value. Restoration. The process of accurately recovering the form and details of a property and its setting as they appeared at a particu- lar period of time by means of the removal of later work or the re- placement of missing earlier wank. Site. The location of a historically or archeologically sig- n i f icant event, activity, occupation, structure, object, or 1 and- scape feature, including existing buildings or structures on the site. Thematic group. A group of resources linked through a common theme, not necessari 1 y geographical . Examples include bui 1 di ngs designed by a famous architect, common landscape features, re- sources ref ated by a signi f icant development theme, and rare bui 1 d- ings of the same architectural style or era. 9.204 Historic Landmark Desi nation -Criteria and Procedure. Historic landmarks shall be designated in the following manner: ~a} Initiation of Process. The historic landmark designation process may be initiated by the board, .the counci 1, or an owner of a proposed historic landmark. Any other person may initiate a historic landmark designation process if the proposed historic land- mark i s not the subject of a pendi ng application far a bui 1 di ng, moving, demolition or other development permit and i f a supporti ng pet i t i an signed by twenty residents of the city i s submitted with the application . A person may initiate the designation process by submitting an application i n a manner prescribed by the planning director and paying the fee set by the city manager pursuant to sec- ti on 2.020 of this code. In the case of a hi stori c district, ensemble, or thematic group designation, privately initiated re- quests must be submitted by the owners of at 1 east one-third of the privately-owned property in the area sought to be designated. For purposes of this section, Towner" means the 1 egal owner of record, or where there is a recorded land sale contract which is in farce, the purchaser thereunder. I f there i s mult iple ownership i n a par- cel of land each consenting owner shall be counted as a fraction to the same extent as the interest of the owner i n land bears i n rel a- t i on to the interests of the other owners . ~ b} Nati ce ubl i c heari n and decision . 1. Within 60 days of initiation by the city or the re- cei pt of a compl ete application, unless the owner of the prop- erty agrees to a longer time period, the board shall conduct a public hearing to consider the proposed h i stari c landmark designation . The notice of the hearing and procedures for the conduct of the hearing shat 1 conform with the requirements for quasi -judicial heari ngs provided i n sections 2.390 to 2.400 of this code. At least 20 days prior to the hearing, the city shall mail a written notice of the hearing and nature of the application to the owner and occupants of the proposed histpr- ~ c 1 andmark, the applicant, and to owners and occupants of property located within 300 feet of the perimeter of the proposed 1 andmark. Ordinance - 4 2. Within 15 days of the close of the hearing and the record, the board shall decide whether to designate the prop- erty, structure, 1 andscape feature, object or site as an hi s- tork landmark. The board shall not designate a district, ensemble or thematic group i f more than hal f of the owners of privately-owned property i n the area sought to be designated file written objections to the proposed designation. The de- c i s i on of the board shat 1 be i n writing and contain findings and conclusions on the integrity, historic significance, and the conflicting use determinations set out below. Any deci - s i on to designate shall include development standards as pro- vi ded i n section 9.206 of this code. The board shal 1 des i g - nate the property, structure, landscape feature, object or site as a historic landmark~if it finds that: a. Designation i s consistent with applicable his - tori c preservation policies contained i n the Metropolitan Area General P1 an and appl i cab1 a adopted nei ghborhaad refinement plans, special area studies, and functional plans. In the event of inconsistencies between these p1 ans or studies and the Metropolitan Area General Plan, the latter i s the prevai 1 i ng document; b. The proposed historic 1 andmark has integrity of l ocat~ on, design, setts ng, materials or workmanship; c. The proposed historic 1 andmark has historic significance; ands d. The value of preserving the property, structure, 1 andscape feature, object or site as a hi stori c 1 and- mark outweighs the value of using the property, structure, landscape feature, object or site for the identified con- flicting use, taking into consideration the economic, social, environmental and energy consequences of each alternative. If the owner of the proposed historic 1 and- mark supports the designation there is a rebuttable pre- sumpt~ on that the value of preservation outweighs the value of using the proposed historic landmark for the identified conflicting use. 3. In determining whether the proposed historic 1 and- mark has integrity of 1 ocati on, design, setting, materials ar workmanship, the board shall consider whether: a. The property i s i n its original setting and re- mains essentially as originally constructed or fabricated; b. Sufficient original workmanship and material remain to show the construction technique and styl i sti c character of a g i ven peri ad; c. The immediate setting of the property retains the planting scheme, plant materials or land uses of the relevant historic period or the 1 andscapi ng i s consistent with that period; d. The property contributes materially to the archi - tectural continuity or scheme of the street or neighbor- hood . 4. In order to determine that the proposed historic 1 and- mark has historic significance, the board must find that the ordinance - 5 proposed historic landmark: a. Is associated with events that have made a sig- ni f icant contribution to the broad patterns of history. This association must be direct and the event or acti vi - ties must have significantly affected past social behav- ior, historic trends or community, state or national development; b. Is associated with the 1 i fe of a person signi f i - cant i n the past. The proposed 1 andmark, through 1 ength of occupancy or coincidence of term of occupancy, must be the place most important]y assaciated with a person or persons significant i n 1 oca1, state, or national history; c. Embodies the distinctive characteristics of a type, period or method of construct i an that was used i n the past. The property may be a prime example of a stylistic or structural type of construction or design, or representative of a rare type or a type which once was common and which, due to attrition, i s among the few examples remaining l oca11 y or i n the state; d. Represents the work of a master, i . e. , i s a note- worthy example of the work of a craftsman, bui 1 der, archi - tect, or engineer significant i n 1 ocal , state ar national history; e. Possesses high artistic values in its workman- ship and materials; f. Yields, ar may be likely to yield, information important in prehistory or history; or g, Is listed on the National Register of Historic Places. ~ significant and distinguishable entity under any of the above criteria may be designated even i f i is components 1 ack individual distinction. 5. The identified conf 1 i cti ng use for a proposed his - tori c 1 andmark shal 1 be the actual use planned for the prop- erty by its owner or owners. In the absence of a development proposal, the identified conflicting use is the highest and best generic use ~ i . e. commercial , industrial , high-density residents al , etc. } of the property, as improved with the most intensive development and structures allowed by the currentl y applicable ion i ng and comprehensive plan designation . '~Hi gh - est and best use'f means the reasonable and probable use that i s physical 1 y possible and financially feasible that supports the highest present value of the land . 6. Interior features of a nonresidential historic land- mark may al sv be designated i f the board finds that the fea- ture: a. I s i n a bui 1di ng or structure that i s normally open to the public as that term is defined by section 4.845 of this code, and b. Is physically attached to the building or struc- ture so as to become a part of the building or structure, and c. Meets the integrity and historic significance Ordinance - 6 criteria set out i n subsecti an fib} ~. b. and ~ b} ~ . c. of this section. 1. A not i ce of the board' s decision shall be mai 1 ed within five days of the decision to the owner and occupants of the proposed historic 1 andmark, the applicant, and persons who have requested not i f i cat i on . Unless appealed, the board's decision i s effective on the eleventh day after notice of the dec i s i an i s mailed . ~c} A~eals. Within ten days of the date that notice of the board's decision i s mai 1 ed, the decision may be appealed to the counci 1 by the owner, appl i cant, a party, an adversely affected person, or a person entitled to notice under subsection fib} 1. of this section . The appeal shall be made by f i 1 i ng a statement of issues on appeal and other information on a form prescribed by the city. The appeal shall be based on the record, shall state speci w f i cal l y how the board erred i n its dec i s i an or dec i s i onmaki ng and shal 1 be 1 imi ted to the issues raised at the evidentiary hearing that are set out i n the f i 1 ed statement of issues. ~d} Action on appeals. ~ . Unless the ~~app1 i cant and appellant agree to a 1 anger time peri ad, the counci 1 shat 1 hol d a publ i c hearing to .allow oral argument on an appeal within fi0 days of its receipt . At least ten days prior to the hearing, the city shall mail notice thereof to the applicant, appellant, owner, and persons who requested notice of the board's decision or the appeal hearing. 2. Unless the applicant and appellant agree to a longer time period, the council shall make a decision within 15 days of the hearing. The council may, by order and findings and concl usi ans therein, affirm, reverse, or modify i n whole or i n part, any decision or determination of the board. The counci 1 shat 1 reverse or madi fy the decision of the board i f it finds that the board failed to follow the procedures appli- cable to the matter before it in a manner that prejudiced the substantial rights of the appellant, made a deci si on not supported by substantial evidence i n the whale record or im- properly construed the applicable 1 aw. Within five days of the decision, notice of the decision shall be mailed to the applicant, owner, appel 1 ant, and persons who requested notice of the council decision. fie} Modi f i cati ans to certain re u1 ati ans. The board or council may modify regulations pertaining to signs, fence and wall provisions, general provisions regarding height, yards, area, lot width, frontage, depth, coverage, number of off -street parking spaces requ~ red, and regul at ~ ans prescribing setbacks, i n the final order designating historic 1 andmark status, and, i f the madi f i ca- t i an s were unanticipated at the time of designation, the planning director may at a 1 ater date modify such regulations providing the modifications: 1. Are necessary to preserve the historic character, appearance or integrity of the proposed historic 1 andmark, and Z . Are i n accordance with the purposes of zoning and sign regulations. Ordinance - 1 In cases where the modification is requested after the time of designation, within ten days after receipt of the modification re- quest, the owner and occupants of the historic property and the owners and occupants of property 1 acated within 100 feet of the perimeter of the subject property sha11 be notified by mai 1 that a modification request ,has been f i 1 ed. Unless the applicant agrees to a 1 anger t ~ me per od, the planning director shat 1 approve, approve with cond i t i an s, or deny a moth f i cat i on request within 30 days after receipt of the request, The deci s i an shat ] be i n wri t- i ng and contain findings on the criteria set forth i n 1. and 2, of this subparagraph fie} . All additional procedures with regard to mods f ~ cats on requests shall be the same as those set forth i n section 9, 208 ~ e } to ~ h } , except that the criteria on appeal shal 1 be the criteria set forth in this subsection. ~ f } Recommendation to bu i 1 d i n official . When considering property for designation, or alteration after designation, the board may recommend to the bui 1 di ng official that alternative materi a1 s and methods be used or considered far use, or that other code considerations be applied to historic property. fig} Rea 1 i cati on. When an application for historic 1 and- mark status has been denied, no new application for the same pur- pose shall be f i 1 ed within one year of the date of that denial unless the board or council , whichever was responsible for denial , grants permission upon a showi ng of good cause. ~h} zane,_ ,change. An application for H Hi stori c zoning as specified i n th ~s chapter may be considered fall awi ng h i stori c landmark designation. 9.206 Historic landmark Standards -Contents and Recordation. The board ar counci] shall prescribe standards intended to preserve or enhance the unique characteristics of the proposed historic 1 andmark i n its final order designating historic landmark status. Standards prescribed shall include all the following: ~ a} A level opment section setting forth specific standards to be applied to exterior and interior a1 terati ons and new con- struct i on not otherwise addressed i n sections 9.204, 9.208, ar x.210. fib} A mai ntenance section setting forth the extent and types of repair and maintenance that may be undertaken without first ob- taining an alteration permit. ~ c } A code modifications section based an the requirements i n section 9.204 pertaining to modification of certain regulations and specifically 1 fisting what modifications to zoning and sign development code regulations are to be applied to the proposed h~stor~c landmark. The city shat l f i l e a memorandum of the standards with the lane County Recorder. 9.208 Historic Pro ert Alteration New Canstructi on and Ma 'or New Landsca~,i,n,a~, Procedure. Unless allowed by the standards ~. imposed under section 9.205, no person may alter a historic property, engage in new ordinance - 8 construct i on projects, or begin major new 1 andscapi ng unless an application has been approved under this section and any necessary city permits have been obtained. Alterations to interior features are not subject to review unless specified by the historic review board as bei ng a part of the board's approval of historic designation i n the city landmark Designation or speci - f i ed as being subject to alteration review when the historic review board reviews a National Register nomination. ~a} Pre-a 1 i cati on conference. Prior to submission of an application, the applicant shat 1 confer with the city staff on the requirements of this code. At that time, the applicant may re- quest that the planning director determine that the alteration i s a mi nor alteration subject to the provisions of subsection ~ 1 } of this section. fib} A lication submittal. An application shall be submit- ted by the applicant i n a manner prescribed by the planning director. ~c} Notice. Within ten days after receipt of a compl ete app1 i cat i on, the owner and occupants of the historic property and the owners and occupants of property located within 100 feet of the perimeter of the subject property shall be notified by mail that an appl i cati an for alteration, new construction, or major new 1 andscapi ng has been filed. ~d } Decision . Un1 ess the applicant agrees to a 1 onger time period, the planning director sha11 approve, approve with cand i - t i on s, or deny an application within 30 days after receipt of a complete apps i cati on. The decision sha11 be i n writing, and con- tai n findings on the criteria for the proposed change to h i stori c property set out in section 9.210 of this code. fie} Notice of decision. Within five days of the planning director's decision, the city shall mail a notice of the decision and of the opportunity to appeal to the board, the applicant, per- sons who have requested notification, and persons entitled to notice under subsection ~ c } of this section . ~ f } Effective date of decision. Unless appealed, the p1 an- ni ng director's decision i s effective on the eleventh day after nati ce of the decision i s mai 1 ed, Before proceeding with an al ter- ation, new construction, ar major new landscaping, the property owner shall obtain any necessary city permits. fig} A eal s . Within ten days of the date that notice of the planning director's decision is mailed, it may be appealed to the board by the owner, applicant, an adversely affected person, a party, an individual board member, the board on its own motion, or a person entitled to notice under subsection ~c} of this section , The appeal shall be an a form prescribed by the city and, except when f i 1 ed by the baard or an individual board member, shall state specifically how the pi anni ng director failed to properly evaluate the application or make a decision consistent with applicable criteria. ~ h } Act i an on appeals . 1. Unless the applicant and appel 1 ant agree to a 1 onger time period, the baard shall hold a publ is evidentiary hearing to allow oral argument and additional testimony on an appeal within 45 days of its recei pt. ~~ The hearing notice and proce- Ordinance - 9 lures shall conform with the requirements for quasi-judicial hearings provided in sections 2.390 to 2.400 of this code. At 1 east 20 days prior to the hearing, the city shall mai 1 notice thereof to the applicant, appellant, persons who re- quested notice of the planning director's deci si an, or the appeal hearing, and persons enti t1 ed to notice under subsec- ti on ~c~ of this section, 2 . Unless the applicant and appellant agree to a 1 onger time period, the board shall approve, approve with conditions, or deny a request within 15 days of the close of the hearing and the record, The decision shall be i n writing and contai n findings and conclusions on the approval criteria set out i n section 9.210 of this code for the proposed change to his - tori c property. The board's action i s f i na1, and must be agreed to by a majority of the members present at the hear- i ng. A ti a board vote shall result i n affirming the decision of the planning director. Within five days of the decision, notice of the deci s i an shal 1 be mai 1 ed to the applicant, appellant, and persons who requested notification. i Ex i rat i on of al terat i o„ a , ~ ~ ___ p_ n.,.,,,pproval , An alteration approval shall terminate i f : construction has not .begun within 18 months after the effective date of approval; or construction is not completed within 24 months of the date it began ar within fi0 months for phased projects. The planning director or board may extend the commencement or completion time period i f an extension request is filed prior to the termination of the applicable time period. I f an approval i s termi Hated, a new application must be submitted and approved prior to obtai n i ng a bu i 1 di ng permit for the alteration . ~ j ~ Ref i 1 i ng of alteration ,,,app,l i cati ons . When an al tera- tion application has been denied, no application for the same or a substanti ally simi 1 ar al terati an of the historic property shal 1 be f i 1 ed within one year of the denial unless the planning d i rec- tor or board, whichever denied the application, allows ref i 1 i ng upon a showing of good cause. ~k~ Performance contract. 1. Pri ar to issuance of a bui 1 di ng permit, the appl i - cant shall execute a performance contract guaranteeing com- pl i once with the approval conditions and adherence to the approved plans far the alteration, The performance contract shall be prepared by the city, be executed by the applicant and city, and shat 1 bind the applicant. 2. After execution of the performance contract, the planning director ar board may permit modifications to the approved a1 terati on plans i f the changes are consistent with the remainder of the approved plans and the approved condi - t ions . Depending on the nature of the changes, they may also requ i re a bu i 1 d i ng permit . Anew alteration approval i s nece s - sary for modifications that are inconsistent with the approved plans and conditions. 3. If an applicant breaches the performance contract the city may enforce the contract by any or all legal means. 4, The city shal 1 terminate the contract when al tera- Ordinance - to ti on approval i s revoked because the applicant does not com- mence the alterations within the required time period. ~1 ~ Minor historic property„a,,,teration. 1. Review procedure. Except as provided to the contrary herein, this subsection establishes the review procedures for minor historic property alteration . 2 . Application ,submittal . When an applicant believes that the proposed changes to a hi stori c property wi 11 not adversely affect the historic character or sound hi stori c building materials of the praperty, the applicant may request that the planning director review the application as a minor a1 terati on. A mi nor alteration application shall be submitted i n a manner prescribed by the planning director. 3. Decision. Unless the applicant agrees to a ]anger time period, the planning director shall approve, approve with conditions, or deny a mi nor alteration application within 15 days after receipt of a compl ete application. The planning director may approve the minor alteration application upon finding that the proposed change: a. Wi l 1 be 1 imi ted to a part of the historic prop- erty which the historic review board has determined or identified as having no historic significance yr rel a- tionship with the historic designation and the planning director determines that the proposed change will not alter or affect the historic character or sound historic building materials of the property; or b. Is within a l ist of changes considered appro- pri ate for minor alteration applications that the h i stor- i c review board shat 1 develop and amend as appropriate. 4. Notice of decision. Within five days of the plan- ni ng director's decd si on, the city steal 1 mai 1 a noti ce of the decision and of the opportunity to appeal , to the board, the applicant, and persons who have requested notification . 5. Effective date of decision. Unless appealed, the planning director's decision i s effective on the eleventh day after notice of the decision i s ma i 1 ed . Before proceeding with the minor al terati an, the property owner steal 1 obtai n any necessary city permits. fi. A eats. Within ten days of the date that notice of the planning director's decision i s mai 1 ed, i t may be appealed to the board by the owner, applicant, an adversely affected person, a party, an individual board member, or the board on its own motion . The appeal shall be on a form prescribed by the city and, except when f i 1 ed by the board or an individual board member, shat 1 state specifically how the planning di rec- tor f ai 1 ed to properly evaluate the minor alteration appl i ca- tion or make a decision consistent with applicable criteria. Act ~ on o,n,,..,aAP....... T. ~ , ~, ,~,.. ,.,~ eal s. a. Unless the applicant and appellant agree to a longer time period, the board shall hold a public evi- denti ary hearing to allow oral argument and additional testimony on an appeal within 45 days of its receipt. The hearing notice and procedures ~shal l conform with the Ordinance - 1I requirements for quasi-judicial hearings provided in sections 2.390 to 2.400 of this code. At least 20 days prior to the hearing, the city shal 1 mai 1 notice thereof to the applicant, appellant, and persons who requested notice of the planning director's decision, or the appeal hearing. b. Unless the applicant and appellant agree to a longer time period, the board shall approve, approve with conditions, or deny a mi nor alteration request within 15 days of the close of the hearing and the re- cord. The decision shal 1 be i n writing and contain f i nd- ings and conclusions on the approval criteria set out in subparagraph 3. of this subsection for the proposed change to historic property. The board 3 s action i s final , and must be agreed tv by a ma jori ty of the mem- bers present at the hearing. A tie board vote shall result i n affirming the decision of the p1 ann i ng di rec- tor. Within five days of the decision, notice of the decision shall be mai 1 ed to the applicant, appel 1 ant, and persons who requested notification . 8. Ex i rat i on of minor a1 terati on a royal . A mi nor al terati~on approval shall terminate i f : construction has not begun within 18 months after the effective date of approval ; or construction i s not completed within 24 months of the date it began or within fi0 months for phased projects. The plan- n i ng director or board may extend the commencement or compl e- t i on time period i f an extension request i s f i 1 ed prior to the termination of the applicable time period. If an approval i s termi Hated, a new application must be submitted and approved prior to abtai n i ng a bui 1 di ng permit for the minor a1 terat i on . 9. Ref i 1 i n . When a mi nor alteration app1 i cati on has been denied, an applicant may thereafter f i 1 e an alteration application under subsection fib} of this section, subject to the criteria in section 9.210 of this code. 9.210 Historic Property Al terati on, New Construction and Maior New Landscaping -Criteria. ~ 1 } Cri ter~a~~ for h i st~ori c ro ert a1 terati on. The planning director shall al 1 ow the alteration i f he or she finds that: ~ a} The proposed alteration or proposed use of the property wi 11 not create candi ti ons 1 i kely to 1 ead to future alteration i n- consi stent with the historic form and integrity of the property. fib} The alteration will not impair or change the significant historic appearance or sound historic bui 1 di ng materials unless 1. There is an immediate hazard to public safety and no alternative approach exists which would retain the features or minimize the impact of the proposed alteration; 2. There are mandatory building or handicap codes or requirements, and i t i s not reasonably passible to retain the historic features or minimize the impact of the proposed al ter- ati on and also to comply with those codes or requirements; or Ordinance - 12 3 . The on 1 y alternative to the alteration wou 1 d be demo - lition of the historic property. ~c} Distinctive stylistic features and examples of ski 11 ed craftsmanship have been retained to the greatest extent passible. ~d} The alteration is compatible in design, site, arrange- ment, proportion, detai 1, scale, color, texture, material and char- acter with the rest of the historic property and the nearby area. fie} .The alteration wi 11 not create an earlier h i stori c appearance which is different than the remainder of the property or which has no historic basis . ~ 2} Criteria far new construction or ma 'or new 1 andsca i n . New construction and/or major new 1 andscapi ng projects shat 1 be governed by the following ,criteria instead of the standards set forth i n subsection ~ ~ } of this section: ~a} Consistency with the reasons for the historic 1 andmark designation as set forth in the designation decision; in the case of an undesignated historic property as described in section 9.218, consistency with the purpose of sections 9.200 to 9.218 of this code. fib} The effect of the proposed new structure on the character of the historic property. ~c} The general compati bi 1 i ty of the exterior design, type, arrangement, proportion, size, detail, scale, color, texture, and materials of the proposed new building, structure, object or 1 and- scapi ng with the character of the historic property. ~d} Development standards adopted by the board at the time of landmark designation. ~3} Criteria for alteration to noncom atible ra ert within dis- tricts and ensembles. Alteration to historically noncompatible property within the boundaries of a h i stori c district or ensemble, shat 1 be governed by the following criteria instead of the standards set forth i n subsections ~1} or ~2} of this section: ~a} Design guidelines adopted by the board at the time of designation of the district or ensemble. fib} The alterations do not detract from the historic charac- acter of the district or ensemble through their design, arrange- ment, proport i an, size, scale, detail , color, texture, and material . ~4} Conditions. Reasonable conditions may be imposed i n granting an alteration, new construction, or major new landscaping application . Par- ticular conditions may be imposed based on the following considerations: ~a} Deteriorated architectural features should be repaired rather than replaced whenever possible. Deteriorated architectural features that cannot be repaired should be replaced with material which matches the original material in design, color, texture and other visual qualities. Whenever possible, repair or replacement of architectural features shvul d be based on accurate duplications of features and composition of materials, substantiated by hi s- toric, physical, or pictorial evidence rather than on conjectural designs or the avai 1 obi 1 i ty of architectural e1 ements from other bui 1 di ngs or structures. ~ b} When surf ace c~ can i ng of bui 1 di ngs or structures takes place, it should be undertaken with the gentlest effective means pass i b1 e . Sandblasting and other abrasive cl can i ng methods that Ordinance - 13 may damage the historic property should not be employed. ~c} Every reasonable effort should be made to protect known archeo1 vg i cal resources affected by and adjacent to any alteration project. 9.22 Historic Pro ert Movi n and Demolition -Procedure and Criteria. ~ 1 } No person may move or demol i sh a hi stori c property unless the board or council has approved an application to do so and a bui 1 di ng permi t has been obtained from the bui 1 di ng official . ~ } • pp ' , q ' ,,,,,, ~ } . Prior to submi tta1 . Pre a ~ cat,„on, re , u~ re,ments demvl ~~t.~ on,_ of an appl ~ cats on to demol ~ sh a h ~ Starr c property, the owner shat 1 endeavor to prepare an economically feasible plan for its preservation. At a mini- mum, the owner shall solicit purchase offers for the historic property by giving notice of sale of .the property as fol ] ows: ~a} Listing the property in both the Register Guard and the Oregonian at 1 east eight times and at regular intervals beginning 90 days before submitting an application; fib} Pasting and maintaining a visible for sale sign on the property beginning at least 90 days before submitting an applica- tion; ~c} Maki ng a f i nanci al prospectus on the status of the prop- erty avai 1 abl a to interested persons beginning at 1 east 90 days before submitting an application; and, ~d} listing the property i n at least two preservation news- papers or magazines at least 30 days before submitting an applica- tion. ~3} A 1 i cati on submi tta1. An application shat 1 be submitted i n a manner prescribed by the planning director. A demol i ti on application shat l include sufficient proof that the pre-application requirements 1 fisted in sub- section ~2} of this section have been completed. ~4} Notice ubl i c heari n and decision . ~ a} Unless the applicant agrees to a l anger time period, the board shall conduct a public hearing within fi0 days following re- cei pt of a compl ete application . The notice of the hearing and the procedures for the conduct of the hearing shall conform with the requirements for quasi -judicial hearings provided in sections 2.390 to 2.4D0 Of this code. At 1 east 20 days prior t0 the hear- i ng, the city shat 1 mai 1 notice of the nature of the proposal and the time, date, and place of the hearing to the owners and occu- pants of the historic property, the applicant, and the owners and occupants of property within 300 feet of the perimeter of the affected property. At 1 east 20 days before the hearing, the city shal 1 also post a noti ce summarizing the application and stating the time, date, and place of the hearing in at least three places within 3DD feet of the affected property. fib} Within 15 days fol 1 owi ng the close of the hearing and the record, the board shall decide whether to approve or postpone the moving or demolition application. The decision of the board shat 1 be i n writing and contain findings and conclusions i f a postponement i s required. The board shall approve the appl i cap ~~ ti on unless the board finds that a postponement wi 11 1 i kely resul t in preservation of the historic property or ~retentian of the his- Ordinance - 14 tori c property at its current site, A postponement shall be for a maxi mum of 120 days from the ti me a compl ete application i s filed . The board may cans i der the following i n assessing the likelihood of preservation or retention: 1. The state of repair of the historic property and the financial and physical fear i bi 1 i ty of rehabilitation, moving, or leaving the property i n its current state or location . 2. The effects of the moving upon the use and level op- ment of the historic property. 3. The rnarketabi 1 i ty of the property and the wi 1 l i ng- ness of the property owner to sell the property. ~c} The city shall mai l a notice of the board's decision within five days of the decision to the owner and occupants of the historic property, the applicant, and persons who have requested notification. ~d} Unless appealed, board decisions are effective on the 11th day after notice of the decision is mailed. Before moving yr demolishing a historic property, the applicant shall obtain the permits required by chapter 8 of this code. ~ 5 } Record of demolished and moved historical ro ert i es . I f a historical property i s to be demolished or moved, the board shal 1 mitigate the 1 oss by requiring the owner to produce one or more of the following: photographs of the historic property and its site; measured architectural drawings of the historic property and its designated h i stari c features; and, additional graphic history, data, and commemorative materials. The documen- tation materials shall be the property of the city or its assignee. The board may also require that certain specific artifacts, architectural fea- tures, materials, or equipment be preserved. The board shall determine where the documentation is to be deposited and where any artifacts, architectural features, materials, or equipment saved from the bui 1 di ng or structure are to be stored. The board may assign documentation and storage costs for no more than two years to the historic property owner. ~ fi} A eal s . Appeals shat 1 be f i 1 ed and decided i n the same manner as provided by sect i an 9.204 of this code relating to designation appeals, ~ 7 } New location d,e,s,i.gnati on . When a h i stori c property i s moved to a new location, the historic property status is automatically retained for that property at the new site unless the board, using the process requi r- ed for designation, determines that landmark designation is no longer appro- pri ate. If the property retains historic property status at the new site, the board may review and mad i fy the development standards and designation as appropriate, using the processes required for designation. 9.214 Historic landmark .-- Removal of Landmark„ Des i ~nati on . ~1} If a histor~~c~-landmark is demolished or removed, the landmark site i s automatically removed from 1 andmark status unless: ~a} The landmark was part of a district ar ensemble desig- nated as a historic landmark; or fib} The site itself was designated as a significant feature of a h i stori c 1 andmark; or ~c} Other buildings, structures, or objects on the property are historic landmarks. 4rdi Hance - 15 ~ 2} I f a h i stori c landmark i s allowed to deteriorate or be altered to the extent that it no longer meets the criteria for landmark designation, the board shat l notify the owner that i t wi l 1 consider removal of landmark status . The process, dec i s i anmaki ng criteria, and appeal proce- dures and rights shall be the same as provided by subsection 9.204~b} to 9.204~f} of this code relating to designations. 9.216 Historic Eandmark - Revolvin Fund Loans for Re air Maintenance or Restoration. ~1} Property owners, or their authorized agents or long-term 1 essees, may apply to the city for historic preservation revolving fund loans for the repair, maintenance, rehabilitation, or restarati on of a hi stori c 1 andmark or property 1 i steel on the National Register of Historic Places. ~2} ~ All al terati ons ~ rnust be approved as required i n section 9.208 prior to disbursement of funds. ~3} The city manager or his/her designee shall determine whether to approve i n f ul 1, approve i n part, or reject each application fora re- vol vi ng fund 1 oan and shall prescribe the application procedures, maximum loan amount and other administrative matters relating to the loan program. ~ 4 } Prior to the .disbursement of 1 oan funds, the 1 oan recipient shat 1 execute a promi ssory note i n favor of the city which states i n addition to any other loan terms that all funds received from the city shall be immedi- ately repaid upon removal of historic landmark designation and shall also provide such security for performance of the note as shat 1 be required. ~5} The city shat 1 disburse the approved sum upon submission of proof that the repair, maintenance, rehabi 1 i tati on, or restoration has been completed i n accordance with approved plans . __.',,,,, __ ,_rties -limitations. If a building, .218 Non -Lan mark H ~ star ~ c Prope.,, ,,._.._ ,~_., .,..~,_ structure, object or site has been identified as a pri mary ~ strong el igi bi 1 i ty for city 1 andmark and/or National Register status} hi stori c resource i n a survey acknowledged by the board and the State Historic Preser- vati on 4f f i ce, a permi t for new construction, alteration, moving, ar demol i - ti on may be withheld for up to 90 days from the date of application. During that time, the city may decide whether it should be designated as a historic landmark according to the provisions in section 9.204. Section 4. Sections 9.488, 9.489, 9.490, and 9.491 of the Eugene Code, 1911, are amended to provide ; 9.488 Pur ose. It is anticipated that certain buildings, structures, other physical ab jests, including their sites, and certai n geographic areas will qualify for designation as historic landmarks. It is intended that the H Historic District be selectively used, and only after determination by the hearings official or planning commission that a hi s- tori c 1 andmark merits special regulations not otherwise possi b~ e i n other zoning districts so that uses permitted will encourage restoration and pre- ordinance - 16 nervation of its unique and distinctive qualities while assuring compati- bi 1 i ty with the surrounding neighborhood. 9.489 Crti teri a for Establishment of an H Hi stori c District, Before a historic landmark is rezoned H Historic District, in addition to normal findings required for a zone change, the hearings official or planning commission shall make specific findings that: ~ a} An H Hi st~ri c District i s required to provide uses that will encourage renovation and preservation of the historic 1 andmark. ~ b~ The permitted uses and development standards applied wi 11 promote the objectives of the General Plan and other applicable city policies . ~c} Permitted uses wi 1 l be compatible with the surrounding neighborhood. 9.490 Historic District Elements. The order establishing an H Historic District shall contain the fol 1 owi ng e1 ements ~ a~ A Purpose Section describing the specific purposes the district is intended to accomplish. ~b~ A Use Section setting forth the activities and uses to be permitted within the district. ~c~ A Develo ment Standards Section containing, to the extent deemed app1 icab1e, the standards previously imposed pursuant to section 9.20fi. 9.491 Exem t i ons . When a h i stori c 1 andmark has been classified as an H Historic District, the general development standards set forth in this chapter, and imposed pursuant to section 9.206 shall govern. How- ever, to the extent the H Historic District standards set forth under sec- t i on 9.490 canf 1 i ct with those general and imposed standards, the spec i f i c standards set forth under section 9.490 shall prevail. Section 5. Section 9.608 of the Eugene Code, 1911, is amended to pro- vide: 9,608 General Provisions -Historic landmarks. Special provisions for modification of zoning regulations for buildings, structures, other physical objects, or geographic areas designated as historic landmarks by the city are contained in section 9.204. Code regulations pertaining to number of parking spaces provided, signs, fence and wall provisions, yards, area, lot width, frontage, depth, and coverage may be modified by the board or counci 1 using the procedures and based on criteria specified i n section 9.204 of this code, Section fi, Section 9.1190 of the Eugene Code, 1971,~is amended to pro- Ordinance - 11 vide: 9.1190 Penalties - S ecific. ~1} Violation of sections 9.208, 9.210, 9.212, and 9.216 is punishable by a fine of not more than $1,000 far each day the violation exists, or confinement i n jai 1 not to exceed 100 days, or bath fine and imprisonment. In addi ti an, the city attorney, upon request of the city manager, shat 1 institute any necessary ci vi 1 proceedings to enforce the provisions of sections 9.208, 9.210, 9.212, and 9.216 of this code. ~2} Violation of any other provision in this chapter is punish- abl a by a f i ne not t0 exceed $500.00 for each day that the violation exists. Sect i an 1. The City Recorder, at the request of, ar with the concur- rence of the City Attorney, is authorized to administratively correct any reference errors cantai ned herein ar i n other provisions of the Eugene Cade, 1971,, to the provisions added, amended or repealed herein. Passed by the City Council this 13th day of April, 1992 ~ City Recorder Approved by the Mayor th i s 13th day of Apri i , 199Z~-~ ,~ ~ f ~ r ~r ~ f r t ,. ~ /~ ~~ ,~,. ~~ ~~ M ~ar Ordinance - 18