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HomeMy WebLinkAboutOrdinance No. 19300ORDINANCE N0. 19300 AN ORDINANCE CONCERNING HISTORIC LANDMARKS; AMENDING SECTIONS 2.403, 2.404, 2.405, 2.406, 2,407, 2.408, 2.409, 2.410, 2.411, 2.412, 9,488, 9.489; 9.490, AND 9.508 OF THE EUGENE CQDE, 1971; AND DECLARING AN EMERGENCY. THE CITY GF EUGENE DOES ORDAIN A5 FOLLOWS: ' Section 1. Sections 2.4D3, 2,404, 2.4x5, 2.406, 2.401, 2.408, 2.449, 2.410, 2,411, 2.412, 9,488, 9.489, 9.490, and 9.608 of the Eugene Code, 1971, are hereby amended to read and provide: 2.443 Definitions. Far purposes of sections 2.402 to 2.412, 9.488 to 9.491, and 9.608, the following terms and phrases mean; Alteration . The addition to, removal of or from, or change in appearance of, any exterior part or portion of an historic landmark. .Board. The historic review board of the city. Demolish. Raze, destroy, dismantle, deface or in any other manner cause partial or total ruin of an historic landmark. ,. Exterior. Any portion of the outside of an historic ~~landmark, ar any addition thereto, which can be seen from a public place. Historic landmark. Any building, structure, other physical object, including its site, or any geographic area designated by the board or planning commission to be of cultural, aesthetic,. educational, or historic significance, according to the criteria in section 2.407. Lon --term 1 essee. A person or entity holding a right to possession of an historic landmark under a written lease with an unexpired term of not less than five years from the date upon which the .revolving loan fund is approved. 2.404 Historic Review Board - Creation. An historic review board of seven members is hereby created, comprised of the director of the Lane County Museum or his/her designee, one person with knowledge of archi- tecture or historic preservation, one person from the business community with interest in preservation activities, one person with interest in or .knowledge of Lane County's history, one person with interest or background Grdinance '- 1 in landscape architecture, one person representing citizens with an interest ~n h~staric preservation, and one person with interest and experience in public relations. Each member sha11 be entitled to one vote. All members of the board shall serve without compensation. All members, except the director of the Lane County Museum or his/her designee, shall be nominated by the mayor and appointed by the council, and shall serve for four-year terms, except the first appointees who shall serve far the following terms: Three members shall be appointed initially for two--year terms; and three members shall be appointed initially for faun-year terms, The director of the Lane County Museum ar his/her designee shall serve during his/her tenure in that position. vacancies in office shall be filled in the same manner as original appointments and the appointee shat] hold office for the remainder of the unexpired term. A member who is abseet for mare than four consecu- tively scheduled meetings without having been excused by the baard shall be removed and the vacancy filled. ~. 2.485 Historic Review Board -Officers Meetin s Rules, and Procedures. ~1} The officers of the board shall be a chairpersan and vice- chairperson, selected from the members by majority vote of the entire mem- bership. officers shall serve for terms of one year or until their succes- sors are regularly elected and take office. The chairperson shall preside at meetings of the board and shall have the right to vote. The vice- chairperson shall, in case of absence or disability of the chairperson, per- form the duties of the chairpersan, The board shall keep a record of all deliberations and actions, which shall be open to public inspection during regular office hours. ~2} .The baard shall meet quarterly, and shall also meet u on the call of the chair er P p son. The time, place, and manner of not7ce for meetings shat 1 be fixed by rules of the board . ~3} Four members of the board shall constitute a quorum for the transaction of business. The concurring vote of a majority of the members present shall be required for approval or disapproval of any motion or other action of the baard. ~4} All meetings of the board shall be open to the public and any person or representative of their choice shall be entitled to appear and be heard on any matter before the board. ~5} The baard shall adopt its own rules of procedure, forms, and bylaws. The planning department shall provide clerical and staff assistance to the board, subject to budgetary appropriation, 2.405 Historic Review Board - Powers and Duties. The board may, subject to budgetary appropriation: ~a} Determine, upon review and investigation, that any build- i ng, structure, other physical object, i ncl udi ng its site, or geo-~ graphic area, be designated an historic landmark. fib} Remove historic landmark status when an historic land- mark has deteriorated, been altered or destroyed, or no longer meets any of the criteria in section x.407. ~c} Act upon applications concerning moving or demolition of ordinance - 2 historic landmarks. ~d~ Review and act upon appeals of planning director deci- sions for historic landmark alterations. fie} Take al 1 steps necessary to preserve historic 1 andmarks 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 will help make the ci tzens of the city and its vi si tars aware of its origin, development and historic signficance. fig} Enlist citizen participation and support in continuing programs designed to recognize and memorialize city history. ~h} Develop such forms and adapt such rules and regulations as are necesary ar appropriate to accomplish its powers and duties, and the city s h~stor~c landmark preservation po1~cy. ~i} Maintain records and information concerning historic landmarks and potential historic landmarks. ~j} Advise the planning commission and council on historic aspects of plans,,goals, policies, and programs that are being con- s~dered for adopt~an or rev~s~on. ~k} Perform such other duties relating to city history and historic landmarks as the council requires. ~.4D7 Historic Landmark Desi nation - Criteria and Procedure. Historic landmarks shall be designated in the following manner: ~a} Initiation of Process. The historic 1 andmark desi gnati an process may be initiated by the board, the planning commission or the council, If the proposed historic landmark is a building, structure, or phys~ cal object including its site, the process may also be initiated by an application submitted to the planning .department by the owner of the proposed historic landmark, or the ownerts authorized agent. fib} Public hearin , Within 45 days of initiation or the receipt of a complete and accurate application, the board shall conduct a public hearing to consider the proposed historic land mark designation. At least ten days prior tv the hearing, the planning department shall mail a written notice of the hearing to the owner and occupants, the applicant, and to abutting property owners and occupants, including owners and occupants of property which would be abutting if there were na intervening streets. ~c} Board action. within I5 days following completion of the hearing, the .board shall: 1. Make specific findings as to whether the proposed historic landmark merits recognition as an historic landmark because it possesses one or more of the following criteria: a. Its association with historic or famous events; b. Its antiquity; c. Its unique architectural merit because of; ~. Its representative character of a period or style of architecture ar method of construction= Ordinance - 3 ii. Its extraordinary or unusual design, detail, use of materials or craftsmanship; or i i i . Its i denti f i cati an as the work of an architect, designer, or master builder whale individual work has influenced development in the nation, state, or community, d. Its inclusion in an official Register of Historic P1 aces; e. Its relationship to the broad cultural history of the nation, state, or community; f. Its identification with a person or persons who have significant]y contributed to the history of the city; or g. Its identification as a unique object representing an aesthetic or educational feature of the community, 2. In the case of designation of an area, the matter shall be referred to the planning commission for its review and comment, if any, prior to board action. ~d} A eal s from board decisions, within IO days of the board's decision, the decision may be appealed to the planning com- mission by the owner, applicant, an adversely affected person, or a party entitled to notice. An appeal shall be submitted in writ- ing to the planning department and shall state specifically wherein the board's decision was in error. The planning department shall provide the commission with the record. fie} Ap_pea] notice_~and action,. Unless the applicant and appellant agree to a ~~~~onger t~i~me peri ad, the commission shal 1 hol d a hearing to a11ow oral argument on the appeal within 3o days of its receipt. At least ten days prior to the hearing, the planning department shall mail notice thereof to the applicant, appellant, and parties who requested notice of the previous decision. Unless the applicant and appellant agree to a longer time period, the commi ssi an shall make a decision wi thi n I5 days of the hearing. The commission, by order with findings and conclusions therein, shall affirm, reverse, or modify the board's decision. The appeal decision shall be agreed to by a majority of the members present at the hearing. ~f} Modifications to certain re ulations. The board ar lan- n~ng comrn~ss~an may modify code regulat~ans perta~n~ng to signs, fence and wall provisions, general provisions regarding height, yards, area, lot width, frontage, depth, coverage, number of off- street parking spaces required, regulations prescribing setbacks, and permitted uses in the ordinance designating historic landmark status, providing the modifications: 1. Are considered necessary in order to preserve the authenticity, appearance or integrity of the proposed historic 1 andmark, ~. Are in accordance with the purposes of coning and sign regulations, and 3. Qo not include uses or signs not otherwise permitted, Qrdinan~e - 4 outright or conditionally, in the district in which the proposed historic landmark is located. fig} Rea lication. When an application for historic landmark status has been denied, na new application for the same purpose shall be filed within one year from the date of denial unless the board or planning commission, whichever was responsible for denial, grants permission otherwise upon a showing of gaol cause. ~h} zone than e. An application for H Historic zoning may be considered following hi star? c 1 andmark des? gnati on. 2.448 Historic Landmark - aevelo meat Standards ~- Contents and Recorda~ tion. The board ar planning commission sha11 prescribe develop- ment, maintenance, use, and code modification standards intended to preserve or enhance the unique characteristics of the proposed historic landmark in its final order designating historic landmark status. standards prescribed shall include all the following: ~a} A general standards section setting forth general development, alteration, design, and appearance requirements applicable to the exterior of the proposed historic landmark. When advisable, rehabilitation and new construction criteria shall also be included. In the case of publicly owned buildings, standards far major interior features shall also be included. fib} A repairs and maintenance section setting forth the extent and types of repair and maintenance that may be undertaken without first obtaining an alteration permit. ~c} A use section if the uses to be permitted are more restrictive than otherwise allowed in the zoning district in which the proposed historic landmark is located. The council may modify the list of permitted uses when an historic landmark is zoned H Historic according to the provisions of section 9.485 to 9.491 and 9.608. ~d} A Code modifications section specifically listing what modifications to zoning and sign development code regulations are to be applied to the proposed historic landmark. fie} Such other standards as the board or planning commission determines are necessary or appropriate. The city shall file a memorandum of the development standards with the Lane County Recorder. 2.409 Historic Landmark - Alteration. ~1} Except as provided in the development standards imposed by the board or planning commission, no person may alter an historic landmark in such a manner as to affect its exterior appearance, unless a permit to do so has first been obtained. A permit shall also be obtained prior to altera~ ti on of ma jar interior ar architectural features of publicly owned hi stori c landmarks. Major features shall be specified in the development standards imposed by the board or planning commission. ~2} Applications for permits shall be made to the building official and shall thereupon be referred for review and action to the plan-' Wing director or his/her designee, ordinance ~ 5 ~3} Within ten days after receipt of the application, and at least ten days before making a decision, the board and abutting property owners and occupants, including owners and occupants of property which would be abutting if there were no intervening streets shall be notified that an application has been filed, that it can be reviewed at the planning depart- ment, and that interested persons may request a copy of the decision an the application. ~4~ within 30 days following receipt of the application it shall be.approved, approved with conditions, or denied based on the following cr~ter~a: ~a~ The findings and purpose of the city's historic landmark preservation policy; fib} The economic use of the historic landmark and the reasonableness of the proposed alteration as related to the public's interest in the landmarks preservation or restoration; (c~ The value and significance of the historic landmark; ~d} The physical condition of the historic landmark; fie} The general compatibility of exterior design, arrangement, proportion, detail, scale, color, texture, and materials proposed to be used with the existing landmark and the surrounding neighborhood; and ~f~ Pertinent aesthetic factors. ~5} when reviewing an application for exterior alteration of a privately awned historic landmark, int erior alteration ar arrangements shall not be considered except as they may affect the exterior or threaten the continued existence of the historic landmark. ~6~ The decision sha]1 be in writing and shall specify in detail the bases for the decision. ~7~ A copy of the decision shall be delivered to the building official, the board, and to interested persons who have filed a request. ~f the application has been approved and the applicant has otherwise cam~- plied with al] applicable laws, an alteration permit may be issued, provided, however, that no permit shall be issued until at least ten days after the date of the decision and, in any event, until an appeal filed under section 2.4D9~8} has been concluded. ~S} Persons aggrieved by the decision may appeal to the board by filing a written notice with the planning department. The notice must be filed within ten days of the date of the decision and state specifically wherein there was error. Unless the applicant and appellant agree to a longer period, the board shall hold a hearing for oral argument on the appeal within 30 days of its receipt. At least ten days prior to the hear- ing, the planning department shall mail notice thereof to the applicant, appellant, and persons who requested notice of the decision. within ~5 days of the hearing, unless the applicant and appellant agree to a longer time period, the board, by order with findings and conclusions therein, shall affirm, reverse, or modify the decision. The appeal decision shall be agreed to by a majority of the members present. ~.4~0 Historic Landmark - Movin and Demolition. ~1} No person may move or demolish an historic landmark unless a permit to do sa has first been obtained. ordinance - 6 ~Z} Application for such a permit shall be made to the building official and shall be referred to the planning department, accompanied by the building official's report indicating whether it is technically feasible to move the historic landmark. ~3~ The board shall conduct a public hearing within 45 days following receipt of an application by the building official. At least ten days prior to the hearing the planning department shall mail written notice thereof to the owner and occupants, the applicant, and to abutting property owners and occupants, including owners and occupants of property which would be abutting if there were no intervening streets, ~4~ Within 15 days following completion of the hearing, the board shall make specific findings whether moving or demolition should be permit- ted. The board' s ~deci s i an shat 1 be based on the f al 1 owi ng criteria; ~a~ whether the historic landmark constitutes a hazard to the safety of the public or its occupants; (b} Whether an improvement project of substantial benefit to the city and which cannot be reasonably located elsewhere overrides the public's interest in the preservation of the historic landmark; ~c} Whether retention of the historic landmark would cause financial hardship to the owner not outweighed by the public interest in the landmark's preservation; ~d~ Whether retention of the historic landmark would be in the best interests of a majority of the citizens of the city, and, if not, whether the historic landmark may be alternatively preserved by means of photographs, pictures, item removal, written description, measured drawings, sound retention or other means of limited or special preservation; and fie} Applicable criteria in section 2.4ag. ~5~ In all cases where application has been made for moving or demolition of an historic landmark, the board and historic landmark owner shall endeavor to prepare an economically feasible plan for preservation of the historic landmark. The board and owner shall also explore the possibil- ities of purchase of the historic landmark by interested persons ar organi- zations. The board shall include an accounting of these endeavors in its findings, ,~5~ The board may decide to postpone action upon the application fvr a period not to exceed six months. The board must demonstrate in its findings that there is a program under way which would result in public or private acquisition, preservation ar renovation of the historic landmark, and that there are reasonable grounds to believe that the program may be successful. ~l} Persons aggrieved by the board's decision may appeal to the planning commission by filing a written notice with the planning department. The notice must be filed within ten days of the date of the board's deci- sion and state specifically wherein there was error. Unless the applicant and appellant agree to a longer time period, the commission shall hold a hearing to allow oral argument on the appeal within 30 days of its receipt. At least ten days prior to the hearing, the planning department shall mail written notice thereof to the applicant, appellant, and parties who request- ed nvt~ce of the previous decision. Unless the applicant and appellant agree to a longer time period, the commission shall make a decision within Ordinance -~ 7 ~5 days of the hearing. The commission, by order with findings and conclu- sions therein, shall affirm, reverse, or modify the board's decision. The appeal decision shall be agreed to by a majority of the members present at the hearing. 2,4~I Historic Landmark - Removal of Historic Landmark Desi nation, ~~} ~Tn the event an historic landmark is allowed to deteriorate, i s altered or demol 1 shed, or na 1 anger meets any of the criteria i n section x.407, the historic landmark designation may be removed. The city shall mail notice of the proposed action to the landmark owner 3D days prior to the public hearing to be conducted by the board to determine the appropriate action. The board's findings shall be sent to the owner of the property and all interested parties. ~2} Persons aggrieved by the board's decision may appeal to the planning commission by filing a written notice with the planning department. The notice must be filed within ten days of the date of the board's decision and state specifically wherein there was error. Unless the applicant and appellant agree to a longer time period, the commission shall hold a hearing to allow oral argument an the appeal within 3Q days of its receipt. At least ten days prior to the hearing the planning department shall mail notice thereof to the applicant, appellant, and parties who requested notice of the previous decision. Unless the applicant and appellant agree to a longer time period, the commission shall make a decision within ~5 days of the hearing. The commission, by order with findings and conclusions therein, shall affirm, reverse, or modify the board's decision. The appeal decision shall be agreed to by a majority of the members present at the hearing. ~3} .If the board or planning commission finds after public hear- ~ng that the h~stor~c landmark designation is no longer appropriate it shall remove the historic ]andmark designation and shall remove H Historic zoning where applicable. Unless excused by the board or planning commission for goad cause, funds paid or loaned on contracts for repair, maintenance or restoration of the historic landmark shall be immediately repaid by the owner of the former historic landmark. 2.4~~ Historic Landmark - Reval vi n Fund Loans far Re air, Maintenance or Restoration. ~ 1 } owners of historic 1 andmarks, their authari zed agents ar 1 ang- term lessees, may apply to the Eugene Development Department for revolving fund loans far the repair, maintenance, or restoration of the exterior of the historic landmark. ~2~ Applications far revaluing fund loans shall include the following: ~a} A written statement of the precise nature of the proposed repairs, maintenance, or restoration, including cost estimates, plans, wark~ng drawings, and specifications; ~b~ written evidence that the repair, maintenance, or restoration will materially contribute to the historic landmark's longevity, or its cultural, aesthetic, educational, economic, or historic significance; ordinance - S ~c} Written assurance that the proposed work will be completed during the fiscal year in which the application is approved and that the historic landmark will otherwise be permanently main- tained; ~d} Written assurance that the historic landmark will not be moved or demolished for five years following the date on which the loan is approved; fie} Written assurance that real property taxes and other assessments have either been lawfully deferred or will be paid in full during the year in which the loan is approved; (f} such other information as the Eugene Development Depart ment may require. ~3} The~Eugene Development Department director or his/her designee shall determine whether to approve in full, approve in part, or reject each application far a revolving fund loan and may establish a maximum annual loan amount per application. In any event, revolving fund loos to qualified applicants shall be made in whatever manner is established by the Eugene Development Department, ~4} Prior to the disbursement of loan funds, the loan recipient shall execute a promissory Hate in favor of the city which states in addi- tion to any other loan terms that all funds received from the city shall be be immediately repaid upon removal of historic landmark designation and shall provide such security for performance of the note as shall be required. ~5} Disbursement of the approved sum shall be made by the finance director upon submission of proof that the repair, maintenance, or restora- tion has been completed in accordance with approved plans. H Historic District 9.488 Pur ose. ~t is anticipated that certain buildings, structures, other physical objects, including their sites, and certain geographic areas will qualify for designation as historic landmarks, ~t is intended that the H Historic District be selectively used, and only after determination by the hearings official or planning commission that an historic 1 andmark merits special regulations not otherwise possible i n other zoning districts so that uses permitted will encourage restoration and preservation of its unique and distinctive qualities while assuring compati- bility with the surrounding neighborhood. 9.489 Crtiteria for Establishment of an H Historic District. before an historic landmark is rezoned H Historic District, in addition to normal findings required far a zone change, the hearings official or planning commission shall make specific findings that: ~a} An H Historic District is required to provide uses that will encourage renovation and preservation of the historic landmark. fib} The permitted uses and development standards applied will promote the objectives of the General Plan and other applicable city policies. ~c} Permitted uses will be compatible with the surrounding Ordinance - 9 neighborhood, 9.490 General Provisions - Historic Landmarks 9.60H 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 2,407. Code regulations pertaining to per- mitted uses, number of parking spaces provided, signs, fence and wall provi- sions, yards, area, lot width, frontage, depth, and coverage may be modified by the board or planning commission based on criteria specified in section 2.407 ~ f ~ . Section 2. That the provisions contained herein affect the public we1~- fare, and it is necessary for the orderly administration of the historic land- mark policies of the City that the procedures set forth herein become effec- tive at once and therefore an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor, Historic District Elements, The order establishing an H Hi stori c shall contain the following elements: ~ a~ -~ Purpose ,.,Secti ~n describing the specific purposes the district is intended to accomplish. fib} 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 applicable, the standards previously imposed pursuant to section 2.408. Passed by the City Council this Zthday of December X984 K1t./tQ.~.. ~-~Ctc.ti- ~~.~ Ci t ecorder Approved by the Mayor this 12th day of December 1984 Mayor ordinance - ~0