(A) Purpose. The purpose of the Historic Overlay Zone is to provide for the preservation, protection, enhancement, and perpetuation of designated historic sites and structures in order to:
(1) Safeguard the city's heritage as embodied and reflected in its historic resources;
(2) Encourage public awareness, knowledge, and appreciation of the city's history and culture;
(3) Foster community pride and sense of identity based on recognition and use of historic resources;
(4) Identify and resolve conflicts between the preservation of historic resources and incompatible improvements or loss of the resource;
(5) Carry out the provisions of Oregon's Statewide Planning Goal 5; and
(6) Maintain the historic integrity of historically significant buildings and sites.
(B) Applicability. The provisions in this section apply to properties that are within the Historic Resource Overlay Zone per the Zoning Map, and to properties that are identified as historic in the Comprehensive Plan.
(C) General provisions. All proposed exterior alterations and demolitions of sites and structures subject to the Historic Resource Overlay Zone shall be subject to the provisions of this section, with the exception of improvements or demolitions required by other governmental agencies.
(1) Approval required. Planning Commission approval of a proposed exterior alteration or demolition is required before a building permit can be issued.
(2) Uses allowed. All uses allowed in the primary zone in which the historic site or structure is located shall be allowed.
(3) Ordinary maintenance and repair. Nothing in this section shall be construed to prevent the ordinary maintenance and repair of a designated historic resource. Ordinary maintenance and repair means any work, the sole purpose and effect of which is to prevent or correct deterioration, decay or damage, including repair of damage caused by fire or other disaster and which does not result in a change in the historic appearance and materials of a property.
(4) Application procedure. Applications for approval of exterior alteration or demolition of a historic resource shall be submitted to the City Recorder and shall include a site plan, architectural drawings, and a description of the proposal and its compliance with the criteria below. There shall be no fee for this procedure. Upon receipt of a complete application, the Planning Commission will schedule a public hearing consistent with the provisions of § 151.233. When demolition is proposed, a notice will be posted on the property consistent with city requirements.
(5) Planning Commission review. The Planning Commission shall issue a decision on the request within 60 days of receipt of a complete application. The Planning Commission may attach conditions necessary to ensure compliance with the purpose of this section, which may include a condition to delay the proposed action for a maximum of 60 days from the date of the decision until a more satisfactory solution can be found.
(6) Review criteria. In evaluating applications for exterior alterations, the Planning Commission shall consider:
(a) The purpose or necessity of the proposed alteration;
(b) The compatibility of the proposed alteration with the traditional historic character and architectural integrity of the structure or site in terms of design, architectural detail, scale, proportion, materials, and texture; and
(c) Whether the proposed alteration is the minimum or least disruptive alteration to meet the desired purpose.
(7) Applications for demolitions. In reviewing applications for demolitions, the Planning Commission shall consider:
(a) The physical condition and safety of the structure; and
(b) Whether a reasonable effort has been made to preserve the structure by restoration or removal, by offering the structure for sale or public acquisition, or by alternative means. Advertising the building for sale for 2 consecutive weeks in a newspaper of general circulation in the Banks area, and documenting that the highest bona fide offer for the structure has not been rejected, shall constitute satisfactory evidence of reasonable effort to preserve the structure.
(Ord. 2021-08-02, passed 10-12-2021)