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HomeMy WebLinkAboutOrdinance No. 18926ORDINANCE NO. 18926 AN ORDINANCE CONCERNING HISTORIC LANDMARKS; AMENDING SECTIQNS 2.402, 2.403, 2.407, 2.408, AND 2.4 0 9 OF THE EUGENE CODE , l9 7l; AND DE-~ GLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN' AS FOLLOWS: Section 1. The first sentence of Section 2.402 of the Eugene Code, 1971, is hereby amended to read and provide: 2.402 Purpose. The purposes of sections 2.402 to 2.412, 9.488 to 9.491, and 9.608 are: Section 2. The first sentence of Section 2.403 of the Eugene Code, 1971, is hereby amended to read and provide: 2.4 0 3 Definitions . For purposes of sections 2.4 0 2 to 2.412 , 9.4 8 8 to 9.4 9 l , and 9.6 O 8 , the f o 1 lowi ng terms are de- fined as indicated: Section 3 . Subparagraph ~ a } of Section 2.4 0 7 of the Eugene Code, 1971, is hereby amended to read and provide: 2.407 ~a} Initiation of Process. The historic landmark designation process may be initiated by the board, the Planning Commission or the council. If the proposed historic landmark is a building, structure, or physical object, including its site, the process may also be initiated by an application submitted to the board by the owner of the proposed historic landmark, or the owners authorized agent. Section 4 . Subparagraph ~.c } of Section 2.40 8 of the Eugene Code, 1971, is hereby amended to read and provide: 2.4os ~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 land- mark is located. The council may modify the list of permitted uses when an historic landmark is zoned H Historic according to the provisions of sections 9.488 tv 9.491 and 9.605. Ordinance -~ 1 /~92G Section 5. Section 2.409 of the Eugene Code, 191, is hereby amended to read and provide: 2.409 Historic ~,andmark - Alteration. (1) Except as provided in the development standards imposed by the cauncil,~no person may alter an historic land- mark 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 alteration of major interior or architectural features of publicly owned historic landmarks. Major features shall be specified in the development standards imposed by the council. ~2} Applications for permits shall be made to the building official and shad thereupon be referred for review and action to the director of ~~ousing and Community Conserva- tion or his/her designee. ~ 3 } Upon receipt of the app~.icatian, the director shall notify the board and abutting property owners, including owners of property which would be abutting if there were no intervening streets, that an application has been filed and that it can be reviewed a~L ~Lhe Housing and Community Conserva- tion Department. Interested persons may request a copy of the director's decision. ~4} Within 30 days fo~.lowing receipt of an application from the building official, the director shall approve, approve with conditions, or deny the application based on the following criteria: ~.a} The findings and purpose of the city' s his- toric landmark preservation policy; ~.b} The economic use of the historic landmark and the reasonableness of the proposed alteration as related to the public's interest in the landmark's preservation or restoration; ~c} The value and significance of the historic landmark; ~d} The physical condition of the historic land- mark; 4.e} The general, compatibility of exterior design, arrangement, proportion, detail, scaler solar, 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 altera- tion of a privately owned historic landmark, the director shall not .consider interior alteration or arrangments except as they may affect the exterior or threaten the continued existence of the historic landmark. ~6} The director's decision shall be in writing and shall specify in detail the bases for the decision. ~_7} A copy of the director's decision shall be deliv- Ordinance - 2 /$926 eyed to the building official, the board, and to interested persons who have filed a request. zf the application has been approved by the director and the applicant has otherwise com- plied with all applicable laws, an alteration permit may be issued, provided, however, that no permit shall be issued until at least ten days after the date of the director's decision and, in any event, until an appeal filed under section 2.449~8~ has been concluded. ~$~ Persons aggrieved by the director's decision may appeal to the board by filing a written notice with the Housing and Community Conservation Department. The notice must be filed within l0 days of the date of the director's decision and the appeal notice shall state specifically whe~`ein there was error by the director. Persons aggrieved shall be entitled to review for director error by the board after notice and public hearing. The board may affirm, reverse, or modify .the director's decision. Section 6. That the provisions contained herein affect the public welfare, and it is necessary for the orderly administration of the historic landmark policies of the City that the procedures set forth herein became effective at once and therefore, an emer- gency is hereby declared to exist, and this ordinance shall became effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 8th day of February, 1982 ~-- City Recorde Approved by the Mayor this 8t„~, of February, 1982 J / Mayor Ordinance ~- 3.