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HomeMy WebLinkAboutOrdinance No. 18718ORDINANCE NO . ~ 8 7 t~ q - _ AN ORDINANCE CONCERNING HISTORIC LANDMARYS; AMENDING SECTIONS 2.402, 2.403, 2.404, 2.40, 2.406, 2.407, 2.408, 2.409, 2.411, 2.412 AND 9.458 DF THE EUGENE CODE, 1971; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLQWS: Section 1. Section 2.402 of the Eugene Code, 1971, is hereby amended to provide: 2.402 Purpose. The purposes of sections 2.402 to 2.412 are: ~a~ To encourage programs that will provide public awareness of the city's origin, development, and his- toric signf i.cance; and, ~b~ To facilitate restoration and upkeep of his- toric buildings, structures, other physical objects, and geographic areas. Tr~ese purposes shall be accomplished by establishing procedures, incentives, and criteria for designation of historic landmarks, subject to special regulations for permitted uses, development, alterations, moving, demolition, restoration, and maintenance. Section 2. Section 2.403 of the Eugene Code, 1971, is hereby amended by adding in alphabetical order therein a definition for "Long term lessees" and amending the definition of "Alteration" contained therein, to provide: 2.4x3 Definitions. For purposes of sections 2.402 to 2.412, the following terms are defined as indicated: Alteration. The addition to, removal of or from, or change~in appearance of, any exterior part or por- tion of an historic landmark. Long-~ter~ lessees. ,~ person or entity holding a right to possession of an historic landmark under a written lease ~,aith an unexpired term of not less than five years from the date upon which the revolving loan fund i s appro~red . Section 3. Section 2.404 of the Eugene Code, 1971, is hereby amended to provide: Ordinance - 1 18?l8 2.404 Historic Review Board - Creation. ~n historic review board of s.e~~eri members ~s hereby created.. voting mem- bers of the board shall be the da,rector of the Lane County Museum or his~her designee, and four citizens who have know- ledge Qf or~ interest in history, historic preservation, arche- ology, architecture, or finance and who have been nominated by the mayor and appointed by the council. Hach voting member shall be entitled to one vote. Th.e directors of the public works and planning departments, ar their designees, shall serve as non-voting members of the board. All members of the board shall serve without compensation. All voting members, except the director of the Lane County Museum or his/her designee, shall serve for four year terms, except the first appointees who shall serve for the following terms : Two voting members shall be appointed initially for two--year terms; and two voting members shall be appointed initially for four-year terms. The director of the Lane County Museum or his/her designee shall serve during his/her tenure in that position. .vacancies in office shall be filled in .the same manner as original appoint-- ment~ and the appointee shall hold off ice for the remainder of the unexpired term. A v'oti~g member who is absent for more than four consecutively scheduled~~neeti~ngs without having been excused by the board shall be removed and the vacancy filled. Section 4. Subsection ~:2} o~ Section 2.405 of the Eugene Code, 19 71, i s hereby amended to pro~ri.de ; 2.405 Historic Review Board - Officers, Meetings, Rules, and P~roce~dt~res . ~:2} The board shall meet annually, and shall also meet upon the call of the chairperson. The time, place, and manner of notice for meetings shall be fixed by rules of the board. Section 5. Subsections ~_b~ and ~c~_ o~ Section 2.4QG of .the Eugene Code, 1971, are hereby amended to provide: 2.4Q 6 H~is~toric Review Board ~.. Powers and Duties . The board nay, .subject to budgetary appropriation. ~b~ fake recommendations to the council concern- ing reuahving fund loans to owners or lang~-term lessees o~ historic landmarks for purposes of repair, mainten- ance, or restoration. ~c}.. fake recom~endatons to the council concern- i,ng th.e removal of historic landmark status when an historic landmark has deteriorated, has been altered or destroyed, or no longer meets any of the criteria ,.. In se.ctlon 2.407. ordinance - 2 187!8 Section 6. Subsections ~a~ , ~,b~ , ~c}. , ~d} , and ~e~ of Section 2.4 0 7 o f the Eugene Code , 1 ~ 7l , are hereby amended to provide ; 2.407 Historic Landmark Desi nation ~- Criteria and Procedure. Historic landmarks shall be designated in the following manner: ~a~ Application. An application initiating the designation process may be submitted to the board by the owner of the~propased historic landmark, the owner`s agent, the. planning commission, or the council. The board may also initiate the designation process. ~.b} Public hearing. Following initiation, the board shall: conduct a public hearing, in a timely fash- ion, as established by the board policy. The city shall mail a written notice of the hearing to the owner, the applicant, and to abutting property owners, including owners of property which would be abutting if there were no intervening streets, ~ci B~oard~ action, within 3D days following com- p~,etion of the hearing, the board shall: 1. Make speci.f is f indin~s as to whether the proposed historic landmark merits recognition as an historic landmark because it possesses one or more of the following criteria: a. Tts association with historic or famous events; b. Tts antiquity; c, zts unique architectural merit be- cause off'; i~. Its representative character of a period or style of architecture w or method of construction; ii. Its extraordinary or unusual design, detail, use of materials or Graf ts~anship; or .iii. Its identification as the work of an. architect, designer, or master builder whose individual work has influenced de~relopment in the na- ti,o~a, state or community. d. lts inclusion in an official Regis- ter of Historic Places; e. its relationship to the broad cul~- tural history of the nation, state, or com- munity; f, Its. %denti~ication with a person or persons why have significantly contri- buted to the history of the city; or ~. I,ts %dentf ication as a unique ob~- ject representing an aesthetic or educational ~eature~ of the community. Ordinance - 3 1818 ~. If the board finds that a.proposed his- toric landmark merits recognit%an as an historic landmark, the board shall forward a report to the oouncil for its action. The report shall include the following: a. ,A brief written description of the proposed historic landmark; b. The basis for the board's finding drawn from the criteria in this section; and c. Recommended development standards to be i~posed pursuant to section 2.48. d. T~n the case of designation of an area, the board's report shall be referred to the planna.ng commission far its retrieve and com~ent,if any, prior to council action. ~~~__ Council action. The council shill consider the board's report, and receive public comment on the report and proposed action in public hearing. Persons who appeared before the board shall be mailed notice of the council hearing. following the hearing and upon consideration Qf all the evidence, if the council deter-- ~mines that designation of the proposed historic landmark is appropriate, designation shall be accomplished by ordinance. ~e~. Appeals from board decisions. If the board determines that a proposed~h.istor~~c landmark dues not warrant historic Zandmark designation, the matter shall be terminated unless, within l0 days of the board's de- cision, the decision is appealed to the council by the owner, th.e applicant, or a person who appeared before .the board. Appeals shall be submitted, in writing, to the city manager and shall state specifically wherein the board's decision was in error. The appellant shall be entitled to review for board error by the council after notice. and public hearing. The council may affirm, r.e~rerse, or modify the board' s decision. Section 6.~ Section 2.408 of the Eugene Code, 1971, is hereby amended to provide: ~.4Q8 Historic Landmark -~ DetrelQpment Standards - Contents and Recordation, The council shall prescribe develop- ment, maintenance, use, and code modification standards intend- ed to preserve or enhance the unique characteristics of the proposed historic landmark in its ordinance designating his- toric landmark. status. Standards prescribed shall include the following: ~a} A general standards section setting forth general de~relopment, alteration, design, and.appear- ance~requirements appliaab~,e to the exterior of the proposed historic landmark., when advisable, rehabi~- l,ita~tion and new construction criteria shall also be Ordinance -- 4 187/8 included. In th.e case o~ publicly owned buildings, standards for- major interior features shall also be included. ~b~, A repairs and .mai.ntenance section settin g forth the extent and types of repair and maintenance that nay be undertaken without first obtaining an al- teration 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 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 to 9, 491. ~~d~_ A code modifications section specifically listing what modificat~,ons to zoning and sign develop- ment code regulations are to be applied to the pro- posed historic landmark, fie} Such other standards as the council deter- , mines are necessary or appropriate. The city shall file a memorandum of the development standards with the Lane ~C.ounty Recorder . Section 7. Subsection ~.2 ~_ of Section 2.409 of the Eugene Code, 1971, is hereby amended to provide: 2.409 Historic Landmark - Alteration. ~2} Applications far permits shall be made to the building official and shall thereupon be referred to the board. Section 8. Section 2.411 of the Eugene Code, 1971, is hereby amended to provide. 2.411 Historic Land~tark - Removal of Historic Landmark Desig- ~nat~on. Tn the event an historic landmark is allowed to deteriorate, is altered or demolished, or no longer meets any of th.e criteria in section 2.40.7, the historic landmark designation may be removed. The city shall mail notice to the landmark owner of the proposed action and the board shall con- duct a public hearing to determine appropriate action. The board's recommendation shah, be .sent to the council. 1f the council finds after public hearing that the historic landmark designation is no longer appropriate, it shall remove the his- toric landmark. designation and shall remove H Historic zonin g whereapplicable. E7nless excused by the council for good cause, funds paid or loaned on contracts far repair, mainten- ance or restoration of the. historic landmark shall be immedi- ately repaid by the owner o~ the former historic landmark. ordinance - 5 rs~-s Section 9. Section 2.412 0~ the Eugene Code, 1971, is hereby amended to provide: 2.412 Historic Landmark. -- Re~rolvin Fund Loans for Re air, Maintenance or Restar~tiQn. ~1~: owners of historic landmarks, their authorized agents or long--term lessees, may apply to the board for revoly- ing fund loans far the repair, maintenance, or restoration of the exterior of the historic landmark. ~2~. Applications for revolving fund loans shall in- clude the following: ~s.~ A written statement of the. precise nature of the proposed repair, maintenance, ar restoration, in- cluding cast estimates, plans, working drawings, and specifications; ~b~ written ev~,dence that the repair, maintenance, or:,restoration will materially contribute to the his- toric landmarkrs longevity, ar its cultural, aesthetic, educational, economic, ar historic significance; ~:c} written assurance that the proposed work will be completed d~ri.ng the fiscal year in which the council approves the application and that the historic landmark w%ll otherwise be permanently maintained; [d~. written assurance that the historic landmark will not be moved or demolished for five years follow- ing the date on which the council approves the lawn. ~e~. written assurance that real property taxes and other assessments have either been lawfully defer- red or will be paid in full during the year in which the council approves the loan; and ~~~ Such other %nformat,on as the board may re- qulre. ~~~.; The board shall annually conduct a public hearing on applications for revolving fund loans. 'the city shall mail notice of the public hearing to all applicants. within 30 days following completion of th.e hearing, the board shall send a report to the council containing its recommendations, including proposed ~.oan terms as appropriate. .. , ~4~. Upon consideration of the board's report and public comment recei~red in public hearing, the council shall determine whether to approve in full, approve .gin part, or re- ject each application for a re~rol,ving fund loan. The council may establish a maximum annual loan amount per application. In any e~rent, revolving fund loans to qualified applicants shall be made in whate~rer manner is established by the council. ~:5 }_ Prior 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 immediately .repaid upon removal of historic landmark designation. The loan recipient shall pro- vide such security for performance of the note obligations as the council shall require. ~6~. Disbursement of the sum approved by the council shall be made by the finance officer upon submission of proof Qrdinance -- 6 1818 that the repair,~~naintenance, or restoration has been completed in accordance with approved plans. Section 14. Section 9.488 of the Eugene Cvde, 1971, is hereby amended to provide: 9.488 Pur ose. It is anti.c~pated that certain buildings, structures, other ph~rsical objects, including their sites, and certain geographic areas will qualify for designa-~ tion as historic landmarks. It is intended that the H Historic District be selecti~rely used, and only after determination by the council that an historic landmark merits special regulations not otherwise possible in other zoning districts so that uses permitted will encourage restoration and preservation of its unique and dist,incti~ve qualities while assuring compatibility with the surrounding neighborhood. Section 1~,. 'ghat the provisions contained herein affect the public welfare, and it is necessary for the orderly administration of the historic, landmark preservation policies of the City that the procedures set forth herein be effective at once and therefore, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage by the City Council and appro- val by the Mayor. approved by the Mayor this 5th day o~ November 1980 Mayor ordinance -- 7. Passed by the City Council this