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HomeMy WebLinkAboutOrdinance No. 19586ORDINANCE NO. 1958fi AN ORDINANCE CONCERNING HISTORIC PRESERVATION; AMENDING SECTIONS 2.402, 2.403, 2.404, 2.405, 2.406, 2.407, 2.408, 2.409, 2.1990, AND 9.fi08 OF THE EUGENE CODE, 1911; AMEND- ING AND RENUMBERING SECTIONS 2.410, 2.411, AND 2.412 OF THAT CODE; ADDING NEW SECTIONS 2.410 AND 2.414 THERETO; AND DECLARING AN EMERGENCY. THE CITY DF EUGENE ODES ORDAIN AS FOLLOWS: Section 1. Sections 2.402, 2,403, 2.404, 2.405, 2.406, 2.401, 2.408, and 2.409, of the Eugene Code, 1971, are amended; Sections 2.410, 2.411, and 2.412 of that Code are amended and renumbered 2.411, 2.412, and 2.413 respectively; and new Sections 2.410 and 2.414 added thereto, to provide: Historic Landmark Preservation Polic 2.402 Pur ose. The purposes of sections 2.402 to 2.414 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 protection of buildings, structures and appurtenances, sites, places and objects of historic interest within the city. ,These purposes shall be accomplished by establishing procedures, ~ncent~ves, and cr~ter~a far designation of historic landmarks, subject to special regulations far development, alterations, moving, demolition, res- toration and maintenance. 2.403 Definitions. For purposes of sections 2,402 to 2.414, 9.488 to 9.491, and 9.608, the following terms and phrases mean: Alter. To remove, add to, ar otherwise change the appearance of any part of an historic property. Maintenance is not considered alteration of a property. Board. The historic review board of the city. Demolish. Raze, destroy, dismantle, or in any other manner cause significant partial or total destruction of an historic property. District. A geographic area possessing a significant concen- tration, linkage, continuity or design relationship of historically significant sites, buildings, structures, landscape features, or objects unified by past events or physical development . Ensemble. A smal 1 district. Exterior. All outside portions of an historic structure or building. Historic landmark. A building, and/or site, structure, object, ensemble, landscape feature, thematic group or district designated as an historic landmark under section 2,407. Ordinance - 1 Historic, ,prop,erty. Any bui 1 di ng, site, structure, object, ensemble, landscape feature, thematic group or district that: ~a} Is an historic landmark; fib} Is the subject of a formal application or initiation for h~stor~c landmark designation; ~c} Is listed on the National Register of Historic Places or recommended for nomination to the Natiana1 Register by the State Advisory Committee on Historic Preservation; or, ~d} Is on the same tract as a structure or building ether designated as an historic landmark or listed an the National Register of Historic Places and contributes to its historic character. Interior. All portions of an historic structure or building that are not part of the exterior and which normally are accessible to the public. Landsca a feature. A decorative or functional alteration to land or vegetation, including trees, gardens, hedges, arbors, cano- pies, walkways, fences, retaining walls, water features, gazebos, pavillions, and similar site features. Lon -term lessee. A person or entity holding aright to pos- session of an historic landmark under a written lease with an un- expired term of not less than five years from the date upon which the revaluing loan fund is approved. Maintenance. Upkeep or repair of historic property that does not change the property's composition or appearance. Mayor new landscaping. Anew structural landscape feature or significant pi~anting an the site of an historic property. 5i nifi- g cant plantings cover more than 25% of the area, or grow to over ten feet ~n height and are located within ~5 feet of an historic build- ing or structure. New construction. Anew building, structure, parking area, or other improvement, on the same tract as an historic landmark, or structure or property listed on the National Register of Historic Places . Noncom ati bl e ro ert . Property i n an historic district or ensemble that contains uses or improvements that detract from or are not harmonious with historic properties in that district or ensemble. Pl ann i nc~d„i rector,. The city manager, or the person designated by the city manager to supervise development and implementation of the city's historic 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 con- temporary use and preserves or restores the property's historic value. Restoration. The process of accurately recovering the farm 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 work. Site. The location of an historically or archeologically sig- nificant event, activity, occupation, structure, object, or land- scape feature, Including existing buildings or structures an the site. Ordinance - 2 Thematic roq~u . A group of resources linked through a common theme, not necessarily geographical. Examples include buildings designed by a famous architect, common landscape features, re- sources related by a significant development theme, and rare build- ings of the same architectural style or era. 2.404 Historic Review Board - Com asition and Term of Office. The seven member historic review baard is comprised of the following persons, to the extent they are available in the community: an architect with preser- vation expertise; a historian with knowledge of local history; and the follow- ing persons with demonstratable interest, competence, or knowledge of historic preservation: two professionals in the disciplines of landscape architecture, real estate, construction, community development, urban planning, archeolo , law finance cultur 1 ~ ~ gy .s a geography, cultural anthropology, or related d~sc1- pl~nes; a member of the planning commission; and two citizens. All members shall be nominated by the mayor and appointed by the council, exce t that unless he she othe ~ ~ p ~ ' / rw~se declines, the University of Oregon Preservation Pro- gram D~rectvr is automatically nominated for consideration by the council as one of the professional or citizen members. A11 members shall take office on January 1, 1989, and shall serve far four-year terms, except the Universit of Ore on Preservation Pro r ~ y g g am Director and the first appointees who shall serve for the fallowing terms: Three members shall be appointed initiall for two- ear terms• and t ~ ~ ~ ~ y y hree members shall be appointed initially for four- year terms; if appointed, the University of Oregon Preservation Program Director shall serve during his/her tenure as director. A vacancy in office shall be filled in the same manner as original appointments and the a ointee shall hold office for ~ pp the remainder of the unexpired term. A member who is absent for more than three consecutively scheduled meetin s without Navin g g been excused by the board shall be removed and the vacancy f ~ 11 ed. 2.405 Historic Review Board - Officers, Meetin s, Rules, and Procedures. ~1} The officers of the board shall be a chairperson and vice- chairperson, selected from the members by majority vote of the entire member- ship. Officers shall serve for terms of one year or until their successors are regularly elected and take office. The chairperson shall preside at meetings of the baard and shall have the right to vote. The vice-chair erson shall in case of absence or p d~sab~llty of the chairperson, perform the duties of the chairperson. ~2} The baard shall hold meetings at such times as it deems neces- sary, and shall also meet upon the call of the chairperson. The time and place for meetings shall be fixed by rules of the board. ~3} Four members of the board shall constitute a quorum, The concurring vote of a majority of the members present shall be required for approval or disapproval of any motion ar other action of the board. ~4} All meetings of the board shall be open to the public. At public hearings, all interested parties shall be entitled to ap ear and p address the board. ~5} The board shat 1 adopt its own rules of procedure and bylaws. Ordinance - 3 2.405 Historic Review Board - Powers and Duties. The board shall: ~a} Designate an historic landmark pursuant to section 2.407. fib} Remove historic landmark status when the landmark has deteriorated, been altered or destroyed, and no longer meets any of the criteria in section 2.407. ~c} Act upon applications concerning moving or demolition of h~staric properties. ~d} Review and act upon appeals of planning director deci- s~ons for h~stor~c property alterations, including appeals initi- 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 will help make the citizens of the city and its visitors aware of its origin, development and historic signficance. fig} Disseminate information to educate the public on preser- vat~on matters. ~h} Review and make recommendations to the planning commis- sion and council an historic aspects of plans, goals, policies, and programs that are being considered far adoption or review. ~i} Adopt rules and guidelines as needed to implement sections 2.403 to 2.414 of this code. In adopting, revising or repealing rules or guidelines, the board shall fallow the procedures set out in section 3.012 of this code. 2.401 Historic Landmark Desi nation - Criteria and Procedure. Historic landmarks sha11 be designated in the following manner: ~a} Initiation of Process. The historic landmark designation process may be ~n~t~ated by the board, the caunci1, or an owner of a~proposed historic landmark. Any other person may initiate an h~stor~c landmark designation process if the proposed historic land- mark is not the subject of a pending application for a building, moving, demolition or ether development permit and if a supporting petition signed by twenty residents of the city is submitted with the application. A person may initiate the designation process by subm~tt~ng an application in a manner prescribed by the planning d~rectvr and paying the fee set by the city manager pursuant to sec- tion 2.020 of this code. In the case of an historic district, ensemble, or thematic group designation, privately initiated re- quests must be submitted by the owners of at least one-third of the privately-owned property in the area sought to be designated. Far purposes of this section, "owner" means the legal owner of record, or where there is a recorded land sale contract which is in force, the purchaser thereunder. If there is multiple ownership in a par- cel of land each consenting owner shall be counted as a fraction to the same extent as the interest of the owner in land bears in rela- tion to the interests of the other owners. ~ b} Not i ce,,~pu,bl i c h,ear,i n~_,a,nd decision . 1. Within 45 days of initiat~~on by~the city or the re- ceipt of a complete application, unless the owner of the prop- erty agrees to a longer time period, the board shall conduct a Ordinance - 4 public hearing to consider the proposed historic landmark designation. At least ten days prior to the hearing, the planning department shall mail a written notice of the hearing and nature of the application to the owner and occupants of the proposed historic landmark, the applicant, and to property owners and occupants within 300 feet of the perimeter of the proposed landmark. At least ten days prior to the hearing, an announcement of the hearing and nature of the application shall also be published at least once in the Register Guard. 2. Within 15 days of completion of the hearing, the board shall decide whether to designate the property, struc- ture, landscape feature, object or site as an historic land- mark. The board shall not designate a district, ensemble or thematic group if more than half of the owners of privately- owned property.in the area sought to be designated file written ab~ect~ons to the propased designation. The decision of the board shall be in writing and contain findings and con- clusions on the integrity, historic significance, and the con- flicting use determinations set out below. Any decision to designate shall include development standards as provided in section 2.408 of this code. The board shall designate the property, structure, landscape feature, object or site as an historic landmark if it finds that: a. Designation is consistent with applicable his- toric preservation policies contained in the Metropolitan Area General Plan and applicable adopted neighborhood refinement plans, special area studies, and functional plans. In the event of inconsistencies between these plans or studies and the Metropolitan Area General Plan, the latter is the prevailing document; b. The praposed historic landmark has integrity of location, design, setting, materials ar workmanship; c. The praposed historic landmark has historic significance; and, d. The value of preserving the property, structure, object or site as an historic landmark outweighs the value of using the property, structure, landscape feature, object or site for the identified conflicting use, taking into cons i derat i an the ecanomi c, saci al , environmental and energy consequences of each alternative. ~f the owner of the proposed historic landmark supports the designation there is a rebuttable presumption that the value of preservation outweighs the value of using the proposed historic landmark for the identified conflicting use. 3. ~n determining whether the propased historic land- mark has integrity of location, design, setting, materials or workmanship, the board shall consider whether: a. The property is in its original setting and re- ma~ns essentially as originally constructed or fabricated; b. sufficient original workmanship and material remain to show the construction technique and stylistic character of a given period; ordinance - 5 c. The immediate setting of the property retains the planting scheme, plant materials or 1 and uses of the relevant historic period ar the landscaping is 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 tv determine that the proposed historic land- mark has historic significance, the board must find that the proposed historic landmark: a. Is associated with events that have made a sig- nificant contribution to the broad patterns of history. This association must be direct and the event or activi- ties must have significantly affected past social behav- ior, historic trends or community, state or national development; b. Is associated with the life of a person signifi- cant in the past. The proposed landmark, through length of occupancy or coincidence of term of occupancy, must be the place most importantly associated with a person or persons significant in local, state, or national history; c. Embodies the distinctive characteristics of a type, period or method of construction that was used in 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, is among the few examples rema~n~ng locally or in the state; d. Represents the work of a master, i.e., is a not e worthy example of the work of a craftsman, builder, archi- tect, or engineer significant in local, state or national history; e. Possesses high artistic values in its workman- ship and materials; f . Yields, or may be 1 i kely to yi e1 d, i nformati on important in prehistory or history; or g. Is listed on the National Register of Historic Places. A significant and distinguishable entity under any of the above criteria may be designated even if its components lack individual distinction. 5. The identified conflicting use for a proposed his- toric landmark shall 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 res~dent~al, etc. of the property, as improved with the mast intensive development and structures allowed by the currently applicable zoning and comprehensive plan designation. "High- est and best use" means the reasonable and probable use that is physically possible and financially feasible that supports the highest present value of the land. 6. Interior features of a nonresidential historic land- Ordinance - 6 mark may also be designated if the board finds that the fea- ture: a. Is in a building Or structure that is normally Open to the public as that term is defined by section 4.805 of this code, and b. Is physically attached to the building or struc- ture so as to become apart of the building yr structure, and c. Meets the integrity and historic significance criteria set out in in subsection ~b}2.b, of this section. 7. A copy of the boards's decision shall be mailed to the owner and occupants of the proposed historic landmark, the applicant, and parties who have requested a copy within one day of the decision. Unless appealed, the board's deci- sion is effective on the eleventh day after it is rendered. ~c} A~p_eals. Within 10 days of the board's decision, the dec~s~on may be appealed to the council by the owner, applicant, an adversely affected person, a person who submitted oral or written testimony tv the board, or a party entitled tv notice under subsection ~b}1. of this section. The appeal shall be on a form prescribed by the planning director, shall be based on the record, and shall state specifically how the board erred in its decision or decisionmaking. ~d} Action on, appeal s. 1. Uni~~ess the applicant and appellant a ree tv a lon er t' ~ g ~ g Mme period, the council shall hold a public hearing to allow oral argument on an appeal within 40 days of its receipt. At least ten days prior to the hearing, the city shall mail notice thereof to the applicant, appellant, owner, persons who submitted oral or written testimony to the board, and persons who requested notice of the board's decision. ~. 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 conclusions therein, affirm, reverse, or modify in whole or in part, any decision or determination of the board. The council shall reverse or modify the decision of the board if 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 decision not supported by substantial evidence in the whole record or im- properly construed the applicable law. A copy of the decision shall be mailed to the applicant, owner, appellant, and persons who requested a copy. fie} Modifications to certain re ulations. The board or council may modify regulations pertaining to signs, fence and wall provisions, general provisions regarding height, yards, area, tat width, frontage, depth, coverage, number of off-street parking spaces required, and regulations prescribing setbacks, in the final order designating historic landmark status if the modifications: 1. Are necessary to preserve the historic character, appearance or ~ntegraty of the proposed historic landmark, and 2. Are in accordance with the purposes of zoning and sign regulations. Ordinance - 7 ~f } Reath cat,.on . When an application far historic i andmark status has been denied, no new application for the same purpose shall be filed within one year of the date of that denial unless the board or council, whichever was responsible for denial, grants permission upon a showing of good cause. .fig} Zone cha,n~e. An application far H Historic zoning as specified ~n chapter 9 of this code, may be considered following historic landmark designation. 2.408 Historic Landmark Standards - Contents and Recordation. The board or council shall prescribe standards intended to preserve or en- hance the unique characteristics of the proposed historic landmark in its final order designating historic landmark status. Standards prescribed shall include al 1 the fol 1 owl ng: ~a} A development section setting forth specific standards to be applied to exterior and interior alterations and new con- struction not otherwise addressed in sections 2.407, 2.409, or 2.40. fib} A maintenance section setting forth the extent and types of repair and maintenance that may be undertaken without first ob- tai n i ng an ai terati an permit. ~c} A code modifications section based an the requirements in section 2.407 pertaining to modification of certain regulations and specifically listing what modifications to zoning and sign development code regulations are to be applied to the proposed h~stor~c landmark. The city shall file a memorandum of the standards with the Lane County Recorder. 2.409 Historic Pro ert Alteration -Criteria and Procedure. Unless allowed by the standards imposed under section 2.408, no person may alter an historic property unless an alteration application has been a roved pp under this section and a permit has been obtained from the building division. ~a} Pre-application conference. Prior to submission of an alteration apps i cati~~on, ~-the ~~~~appl~~i cant shal 1 confer with the ci t st f ~ y a f on the requirements of this code. fib} A iication submittal. An alteration application shall be submitted by the applicant in a manner prescribed by the plan- ning director. ~c} Notice. Within ten days after receipt of a complete alteration appl~cat~on, the owner and occupants of the historic property and the owners and occupants of properties within 300 feet of the perimeter of the subject property shall be notified that an alteration application has been filed. ~d} Decision. Unless the applicant agrees to a longer time period, the planning director shall approve, approve with condi- ti ons, or deny an alteration request within 30 days after receipt of a complete application. The decision shaii be in writing, and contain findings an the criteria set out below or in subsection ~i} of this section. The planning director shall allow the altera- tion if he or she finds that: Ordinance - 8 1. Only minimal future alterations of the historic propY arty and its site wi11 be necessary to continue the proposed use of the property. 2. The alteration will not impair ar change the essential historic form and integrity of the historic property. The dis- tinguishing historic qualities, features or character of the historic property and its site will nat be impaired or altered unless: a. There is an immediate hazard to public safety and no alternative approach exists which would retain the features or minimize the impact of the praposed alteration; b. There are mandatory building or handicap codes or requirements, and it is not reasonably possible to retain the historic features or minimize the impact of the praposed alteration and also to comply with those codes or requirements; or c. The only alternative to the alteration would be demolition of the historic property. 3. The alteration will not create an earlier historic appearance which is different than the remainder of the prop- erty or which has no historic basis. 4. Distinctive stylistic features and examples of skilled craftsmanship have been retained to the greatest extent possible. 5. The alteration is compatible in design, size, arrange- ment, proportion, detail, scale, color, texture, material and character with the rest of the historic property and the nearby area. G. Reasonable conditions may be imposed in granting an alteration application. Particular conditions may be imposed based on the fallowing considerations: a. Deteriorated architectural features should be re- paired rather than replaced whenever possible. Deteri- orated 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 passible, repair or replace- ment of architectural features should be based on accurM ate duplications of features and composition of materials, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of architectural elements from other buildings or structures. b. When surface cleaning of buildings or structures takes place, it should be undertaken with the gentlest effective means possible. Sandblasting and ather abra- sive cleaning methods that may damage the historic prop- erty should not be employed. c. Every reasonable effort should be made to protect known archeological resources affected by and adjacent to any al terat ~ on project . fie} Notice of decision. The city shal l mail a copy of the pl ann~ ng d~ rector's deci si an within one day of the deci si an to the Ordinance - 9 board, owner and occupants of the proposed historic property, the applicant, and parties who have requested a copy. ~f} Effective date of decision. Unless appealed, the planning director's decision is effective on the eleventh day after it is rendered. .Before proceeding with an alteration, the property owner shall obtain the bu~ld~ng permits required by chapter S of this code. ~g~ Areal s. Within ten days of the planning director's deci - s~on, ~t may be appealed to the board by the applicant, an adversely affected person, an individual board member, the board on its own motion, or a party entitled to notice. The appeal sha11 be on a form prescribed by the planning director and, except when filed by the board or an individual board member, shall state specifically haw the planning director fai 1 ed to properly evaluate the al tera- tion request application or make a decision consistent with appli- cabl a criteria. ~h} Action on appeals, 1, Unless the applicant and appellant agree to a longer time period, the board shall hold a hearing to allow oral argument and additional testimony on an appeal within 3o days of its receipt. At least ten days prior to the hearing, the planning department shall mail notice thereof to the applies cant, appellant, and persons who requested notice of the plan- ning director's decision. 2. Unless the applicant and appellant agree to a longer time period, the board shall approve, approve with conditions, or deny an alteration request within ~5 days of the hearing. The decision shall be in writing and contain findings and conclusions on the alteration approval criteria set out in subsection ~d} of this section. The board's action is final, and must be agreed to by a majority of the members present at the hearing. A tie board vote sha11 result in affirming the decision of the planning director. The p1 ann i ng department shall mail a copy of the decision to the applicant, appellant, and persons who requested a copy. ~ i } Alteration to noncom ati bi e ro ert within districts and ensembles, Alteration to historically nancompatible property within the boundaries of an historic district or ensemble, sha11 be governed by the fallowing criteria instead of the standards set forth in subsection ~d} of this section: I; Design guidelines adopted by the board at the time of des~gnat~on of the district or ensemble. 2. The alterations do not detract from the historic character of the district or ensemble through their design, arrangement, proportion, size, scale, detail, color, texture, and material. ~ j } Expi rat~won of a~ terati an ap~,oval . An alteration approv- al shall terminate if: cons~tructian has not begun within 1S months after the effective date of approval; or construction is not com- pleted within 24 months of the date it began or within 60 months far phased projects. The planning director or board may extend the commencement ar completion time period if an extension request is filed prior to the termination of the applicable time period. If Ordinance - la an approval is terminated, anew application must be submitted and approved prior to obtaining a building permit for the alteration. ,~k}, Refilin of alteration a ]ications. When an alteration appl~cat~on has been denied, no application for the same or a sub- stantially simi]ar alteration of the historic property shall be filed within one year of the denial unless the planning director ar board, whichever denied the application, allows refiling upon a showing of goad cause. ~1} Performance contract. 1. Prior to issuance of a building permit, the appli- cant shall execute a performance contract guaranteeing com- pliance with the approval conditions and adherence to the approved plans for the alteration. The performance contract shall be prepared by the city, be executed by the applicant and city, and shall bind the applicant and the applicant's successors in interest. A memorandum of the contract shall be filed by the city in the office of the Lane County Recorder. 2. After execution of the performance contract, the planning director or board may permit modifications to the approved alteration plans if the changes are consistent with the remainder of the approved plans and the approved condi- tions. Depending on the nature of the changes, they may also require a building permit. Anew alteration approval is neces- sary for modifications that are inconsistent with the approved plans and conditions. 3. ~f an applicant breaches the performance contract the city may enforce the contract by any ar all legal means. 4. The city shall terminate the contract and notify the Lane County Recorder accordingly when the obligations of the performance contract have been completed, or when alteration approval is revoked because the applicant dues not commence the alterations within the required time period. 2.4~o Historic Pro ern es - New Construction and Major New Landsca in • Criteria and Procedures. No person shall construct new construe tivn projects or major new landscaping without first obtainin a royal accordin to the g pp g procedures specified under this section. ~a} Pre-a lication conference. Prior to submittal of anew construction or major new landscaping application, the applicant shall confer with the city staff an requirements of this code. fib} A lication submittal. Applications and related informa- tion shall be submitted by the applicant in a manner prescribed b the tannin directs y p g r. .~c}, Notice, Within ten days after receipt of a complete appl~cat~on, the owners and occupants of the historic property and of properties within 300 feet of the perimeter of the subject ro - ert shall be noti ~ p p y feed that an appl~cat~on has been Bled. ~d~ Decision. Unless the applicant agrees to a longer time period, the planning director shall approve, approve with condi- tions, or deny an application for new construction and/or major landscaping projects within 30 days after receipt of a complete application. The decision shall be in writing, shall be forwarded Ordinance - l~ to the board, and shall be based on findings that address all the fallowing criteria: ~. Consistency with the reasons for the historic landmark designation as set forth in the designation decision; in the case of an undesignated historic property as described in sec- tion 2.414, consistency with the purpose of sections 2.402 to 2.414 of this code. 2. The effect of the proposed new structure on the char- acter of the historic property. 3. The general compatibility of the exterior design, type, arrangement, proportion, size, detail, scale, color, tex- ture, and materials of the proposed new building, structure, object, ar landscaping with the character of the historic property. 4. Development standards adopted by the board at the time of landmark designation. fie} Notice of decision. The city shall mail a copy of the planning director's decision within one day of the decision to the board, the owner, and occupants of the proposed historic ro ert p p y~ the applicant, and parties who have requested a copy. ~f} Effective date of the decision. Unless appealed, the planning director's decision is effective on the eleventh day after it is rendered. Before proceeding with the construction ar land- scaping, the property owner shall obtain the permits required by chapter 8 of this code. fig} A eals. Appeals shall be filed and decided in the same manner as provided by section 2.409 of this code relating to alter- ation appeals. 2.411 Historic Pro ert Mavin and Demolition - Procedure and Criteria. ~1} ,No person may move or demolish an historic property unless the board or council has approved an application to do so and a buildin ermit has been obtained from g p the bu~ld~ng off~c~al. ~2} ,Pre-a lication re uirements demolition . Prior to submittal of an application to demolish an historic property, the owner shall endeavor to prepare an economically feasible plan for its preservation. At a minimum the owner shall solicit purchase offers for the historic pro ert b loin notice of sale p y y g g of the property as follows: ~a} Listing the property in bath the Register Guard and the Oregonian at least eight times and at regular intervals beginning 90 days before submitting an application; fib} Posting and maintaining a visible for sale sign on the property beginning at least 90 days before submitting an applica- tion; ~c} Making a financial prospectus on the status of the prop- erty available tv interested persons beginning at least 90 days before submitting an application; and, ~d} Listing the property in at least two preservation news- papers or magazines at least 30 days before submitting an applica- tion. a subm~ {3} A~apl i c ti on ' ttal . An application shal 1 be submitted i n a manner prescribed by-the p~ann~~ng director. A demolition application shall Ordinance - 12 include sufficient proof that the pre-application requirements listed in sub- section ~2} of this section have been completed, ~4} Notice, ublic hearin , and decision. ~a} Unless the applicant agrees to a longer time period, the board shall conduct a public hearing within 45 days following re- ceipt of a complete application. At least ten days prior to the hearing, the city shall post a notice summarizing the application and stating the time and place of the hearing in at least three places within 30o feet of the affected praperty and mail this notice to the owners and occupants of the historic praperty, the applicant, and to the owners and occupants of property within 300 feet of the perimeter of the affected property. fib} Within I5 days following completion of the hearing, the board shall decide whether to approve or postpone the moving or demolition application. The decision of the board shall be in writing and contain findings and conclusions if a postponement is required. The board shall approve the application unless the board finds that a postponement will likely result in preservation of the historic property or retention of the historic property at its current site. A postponement shall be for a maximum of 1~0 days from the time a complete application is filed. The board may consider the following in assessing the likelihood of preservation or retention: 1. The state of repair of the historic property and the financial and physical feasibility of rehabilitation, moving, or leaving the property in its current state or location. 2, The effects of the moving upon the use and developY meet of the historic property. 3. The marketability of the property and the willing- ness of the property owner to sell the property. ~c} The city shall mail a copy of the board's decision within one day of the decision to the owner and occupants of the historic property, the applicant, and parties who have requested a copy, ~d} Unless appealed, board decisions are effective on the eleventh day after they are rendered. Before moving or demolish- ing an historic property, the applicant shall obtain the permits required by chapter 8 of this code. ~5} Record of demolished and moved historical ro ernes. If an historical property is to be demolished or moved, the board shall miti ate g the loss by requiring the owner to produce one or more of the follawin hoto ra hs of the h' ~ ~ g p g p ~stor~c property and its site; measured architectural drawings of the historic property and its designated historic features; and add~t~onal 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 building or structure are to be stored. The board may assign documentation and storage costs for nv more than two years to the historic property owner. ~6} A eal s. Appeals shall be filed and decided in the same manner as provided by section ~ , 401 of this code relating to designation appeals . ordinance - 13 ~1} New location desi nation. when an historic property is moved to anew location, the historic property status is autamatical]y retained for that property at the new site unless the board, using the process requir- ed far designation, determines that landmark designation is no longer appro- priate. If the property retains historic property status at the new site, the board may review and modify the development standards and designation as appropriate, using the processes required for designation. 2.412 Historic Landmark - Removal of Landmark Desi nation. ~1} If an historic landmark is demolished or removed, the landmark site ~s automatically removed from landmark status unless: ~a} The landmark was part of a district ar ensemble desig- nated as an historic landmark; ar fib} The site itself was designated as a significant feature of an historic landmark; or ~c} Other buildings, structures, or objects on the property are historic landmarks. ~2} If an historic landmark is allowed to deteriorate or be altered to the extent that it no longer meets the criteria for landmark designation, the board shall notify the owner that it will consider removal of landmark status. The process, decisionmaking criteria, and appeal roce- p lures and rights shall be the same as provided by subsection Z.4o7 b to ~} 2.401~f} of this code relating to des~gnat~ons. 2.413 Historic Landmark - Revolvin Fund Loans for Re air, Maintenance or Restoration. ~1} Property owners, or their authorized agents or long-term lessees, may apply to the Eugene Development Department far revolvin fund 9 loans for the repair, maintenance, rehabilitation, or restoration of an his- toric landmark. . ~2} A11 alterations must be approved as required in section 2.409 prior to disbursement of funds. ~3} The city manager or his/her designee shall determine whether to approve in fu11, approve in part, or reject each application far a re- volving fund loan and shall prescribe the application procedures, maximum loan amount and other administrative matters relating to the loan pro ram. 4 P ' .g. ~ } r~or,to the disbursement of loan funds, the loan recipient shall execute a promissory note in favor of the city which states in 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 far performance of the note as shall be required. ~5} The city shall disburse the approved sum upon submission of proof that the repair, maintenance, rehabilitation, or restoration has been completed in accordance with approved plans. 2.414 Non-Landmark Historic Pro erties - Limitations. If a building, structure, abject or site has been identified as a primary strong eligibility for city landmark and/or National Register status} historic resource in a survey acknowledged by the board and the State Historic Preser- vation Office, a permit for new construction, alteration, moving, ar demoli- Ordinance - 14 tion may be withheld far up,to 90 days from the date of application, During that time, the city may decide whether it should be designated as an historic landmark according to the provisions in section 2.401. Section 2. Subsection ~1} of Section 2.1990 of the Eugene Code, 1971, is amended, and anew Subsection ~7} added thereto, to provide: 2.1990 Penalties - S ecific. ~1} violation of section 2.985 is punishable by a fine not to exceed $500, or confinement in jail not to exceed 100 days, or both fine and imprisonment; in addition, the city attorney, upon request of the city manager, shal] institute any necessary civil proceedings to enforce the pro- vis~ons of section 2.988 of this code. ~7} ,Violation of sections 2.409, 2.410, 2.411, and 2.413 is pun- ishable by a fine of not more than $1,000 for each day the violation exists, or confinement in jail not to exceed 100 days, or both fine and imprisonment. Yn addition, the city attorney, upon request of the city manager, shall institute any necessary civil proceedings to enforce the provisions of sec- tions 2.409, 2.410, 2.411, and 2.413 of this cade. Section 3. Section 9.605 of the Eugene Code, 1971, is amended to ro- p vide: 9.608 General Provisions - Historic Landmarks, Special provisions far modification of zoning regulations for buildings, structures, other physical objects, or geographic areas designated as historic landmarks b the Y city are contained in sectian 2.401. Code regulations pertaining to number of parking spaces provided, signs, fence and wall pravisions, yards, area tat width, frontage, depth, and coverage may be modified b the board or y council based on criteria specified in section 2.407~e}. Section 4. The City Recorder, at the request of, or with the concur- rence of the City attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1911, to the provisions amended or added herein, Section 5. That the matters contained herein concern the public welfare and safety and therefore, an emergency is hereby declared to exist, and this Ordinance - 15 ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 2Sth day of November, X958 ~~~ , D~~~y i ty Recorder Ordinance - 16 Rppraved by the Mayor this