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The purpose of this chapter is to promote the historic, educational, cultural, architectural, economic and general welfare of the public, and to safeguard the city's historic and cultural heritage through the identification, preservation and protection of structures, site, objects and districts of cultural interest within the city. (Ord. 1469, 2018)
A. Foster community pride and a sense of cultural identity.
B. Strengthen the city's economy by enhancing property values and enhancing the historic and cultural resources for tourists, visitors and residents and to serve as a support and stimulus for business and industry.
C. To encourage public knowledge, understanding and appreciation of the city's history and culture.
D. To facilitate and encourage restoration and maintenance of historic buildings, structures, or other physical objects and geographical areas.
E. To preserve diverse architectural styles reflecting periods of the city's historical and architectural development, and to encourage complementary design and construction impacting historic development.
F. To identify and resolve conflicts between the preservation of historic and cultural resources and alternative land uses.
G. To integrate the management of historic and cultural resources into public and private land management and development processes.
H. To provide an additional means to implement the mandates of Statewide Planning Goal 5 and the Comprehensive Plan policies relating to historic resources.
I. To recognize the importance of historic transportation corridors (railroad venue and 99-E, Road of a Thousand Wonders, Territorial and Market roads) and waterways (Willamette and Molalla Rivers) to the origin and development of the Canby community. (Ord. 905, 1994)
16.110.015
(Ord. 905, 1994; Deleted by Ord. 1061, 2000)
For purposes of Division X, the following definitions apply. Terms not defined can be assumed to go by their commonly construed meaning.
Alteration
. Changes to the exterior of a Landmark or Contributing Resource; minor being that which does not change the existing appearance or material, or which duplicates or restores the affected exterior features and materials, as determined from historic photographs or other evidence of original features or materials; major being that which does change the existing material or appearance. (See section 16.110.080)
Building Code
. State of Oregon Structural Specialty Code (Commercial Code); or state of Oregon One and Two Family Dwelling Code (Residential Code)
Heritage and Landmarks Commission
. An appointed committee of volunteers who are each experts in some aspect of historic preservation and who review all designations, alterations, demolitions and other activities involving historic resources. (See section 16.110.025) (Ord. 1469, 2018)
Certificate of Appropriateness
. An official permit which indicates approval of all proposed alterations, construction, and development affecting designated landmarks or districts. This is in addition to the normal building permit. (see section 16.10.080).
Conflicting Use
. Development or redevelopment planned for a property which may result in demolition, alteration or moving of a Landmark or Contributing Resource.
Corridor
. See Historic Corridor.
Council
. Canby's City Council.
Demolish
. Raze, destroy, dismantle, deface or, in any other manner, cause partial or total destruction of a Contributing Resource or Landmark. (See section 16.110.075)
Design review. Review of proposed alterations subject to the procedures and criteria set forth in section 16.110.080 for compliance with the Secretary of the Interior’s Standards for Rehabilitation and additional criteria for consideration established in section 16.110.080.E.
(Ord. 1584, 2022)
Eligible/Contributing. A building, structure, object or site originally constructed within the applicable period of significance that retains and exhibits sufficient integrity (location, design, setting, materials, workmanship, feeling, and association) to convey a sense of history. These properties strengthen the historic integrity of an existing or potential historic district. (Ord. 1584, 2022)
Eligible/Significant. A building, structure, object or site originally constructed within the applicable period of significance that retains and exhibits sufficient integrity (location, design, setting, materials, workmanshio, feeling and association) to convey a sense of history. These properties strengthen the historic integrity of an existing or potential historic district and are likely individually eligible for listing in the Local Landmark Registry. (Ord. 1584, 2022)
Exceptional Significance. The quality of historic significance achieved outside the usual norms of age, association or rarity. (Ord. 1584, 2022)
Heritage and Landmarks Commission.
The entity created through and with the responsibilities identified in section 16.110.025. (Ord. 1584, 2022)
Historic Corridor
. A linear shaped grouping of properties, sites, trail, roadway, rail corridor, landscape corridor, or waterway, associated with events that have made a significant contribution to the broad patterns of our history.
Historic District
. Includes contiguous or non-contiguous districts or corridors. A contiguous district is a geographically defined area composed of structures, sites and objects classified as Landmarks, Contributing Resources and non-contributing resources. A non-contiguous district is a non-geographically related collection of landmark quality structures, sites and objects which have a common builder, style, theme, or other relationship. May be referred to as a district within the ordinance. (See section 16.110.045)
Historic Integrity. The quality of wholeness of historic location, design, setting, materials, workmanship, feeling, and/or association of a historic resource, as opposed to its physical condition. (Ord. 1584, 2022)
Historic Landmark
. Any building, site, object, or structure and the property surrounding it designated under this division as historically, architecturally, or environmentally significant. May be referred to as landmark within ordinance. (See section 16.110.040)
Historical Protection Overlay Zone
. Specific zoning that is additional to base zone as per section 16.36. The Historical Protection Overlay Zone is applied to each property designated as a Historic Landmark or District, unless the City Council denies such zoning (See section 16.110.045).
Historic Resource
.
A building, structure, object, site, or district that is at least fifty (50) years old or is of exceptional significance and potentially meets the age, integrity, and significance criteria for listing in the Register of Historic Landmarks and Historic Districts or the National Register of Historic Places, but may not necessarily be recorded in the Historic Resource Survey.
(Ord. 1584, 2022)
Historic Resource of Statewide Significance. A building, structure, object, site, or district that is listed on the National Register of Historic Places.
Historic Significance. The physical association of a building, structure, site, object, or district with historic events, trends, persons, architecture, or method of construction, or; that have yielded or may yield information important in prehistory or history. (Ord. 1584, 2022)
Inventory of Historic Resources. The record of buildings, structures, objects and sites recorded in the Oregon Historic Sites Database within the City of Canby, used to identify historic resources. (Ord. 1584, 2022)
Moving
.
Relocating a historic resource from its original location noted in the Record of Designation.
(Ord. 1584, 2022)
National Register of Historic Places. The nation’s official list of buildings, structures, sites, objects, and districts important in the nation’s history and maintained by the National Park Service in Washington, D.C., and hereinafter referred to as the “National Register.” Historic resources listed in the National Register are referred to as “Historic Resources of Statewide Significance” in Oregon Revised Statutes. (Ord. 1584, 2022)
Non-compatible . An alteration that is not compliant with the Secretary of the Interior’s Standards for Rehabilitation.
(Ord. 1584, 2022)
Non-contiguous District . see Historic District.
Non-contributing Resource . A building, structure, object, or site originally constructed within the applicable period of significance that does not retain or exhibit sufficient integrity (location, design, setting, materials, workmanship, feeling and association) to convey a sense of history. These properties do not strengthen the historic integrity of an existing or potential historic district in their current condition.
(Ord. 1584, 2022)
Not in Period. A building, structure, object or site that was originally constructed outside the applicable period of significance. (Ord. 1584, 2022)
Planning Director . Person holding the position of Planning Director for the City of Canby, or their designated representative. (Ord. 905, 1994; Ord. 1061, 2000) The city official responsible for the administration of this ordinance.
(Ord. 1584, 2022)
Object.
A construction that is largely artistic in nature or is relatively small in scale and simply constructed in comparison to buildings or structures, including a fountain, sculpture, monument or milepost, etc. (Ord. 1584, 2022)
Ordinary Maintenance.
Activities that do not remove materials or alter qualities that make a historic resource eligible for listing the Local Landmark Register, including cleaning, painting (when color is not specifically noted in the Landmark’s Record of Designation), and a limited replacement of siding, trim and window components when such material is beyond repair and where the new piece is of the same size, dimension, material and finish as that of the original historic material. Excluded from this definition is the replacement of an entire window or sash or more than twenty (20) percent of the siding or trim on any one side of a Landmark at any one time within one (1) calendar year. (Ord. 1584, 2022)
Period of Significance.
The time period, from one to several years or decades, during which a Landmark was associated with an important historic event(s), trend(s), person(s), architecture, or method(s) of construction. A Landmark may have more than one period of significance to encompass multiple historic associations. (Ord. 1584, 2022)
Record of Designation.
The official document created by the Heritage and Landmarks Commission that describes how a Landmark meets the criteria for listing in the City of Canby Register of Historic Landmarks and Historic Districts. (Ord. 1584, 2022)
Register of Historic Landmarks and Historic Districts. The list of historic resources officially recognized by the City of Canby as important to in its history and afforded the protection under this Ordinance. The register is administered by the Heritage and Landmarks Commission per section 16.110.040 consisting of all properties so designated by the City Council. (Ord. 1584, 2022)
Rehabilitation.
The process of returning a Landmark to a state of utility through repair or alteration, which makes possible an efficient use while preserving those portions and features of the Landmark and its site that convey its historic significance. (Ord. 1584, 2022)
Site.
The location of a significant event, prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of any existing building, structure, or object. (Ord. 1584, 2022)
Structure. A functional construction made usually for purposes other than creating human shelter, such as an aircraft, bridge, fence, dam, tunnel, etc. (Ord. 1584, 2022)
Streetscape. The physical parts and aesthetic qualities of a public right-of-way, including the roadway, gutter, tree, lawn, sidewalk, retaining walls, landscaping and building setback. (Ord. 1584, 2022)
For the purpose of this ordinance, the decisions regarding alterations to Historic Landmarks and recommendations for designation of Historic Landmarks or Districts, shall be accomplished by a City of Canby Heritage and Landmarks Commission. (Ord. 1469, 2018)
A. Appointment and Composition. The City Council shall appoint seven (7) individuals with a demonstrated positive interest, knowledge, or competence in historic preservation. An additional non-voting member shall be a High School Student, residing within the Canby School District boundary. To the extent possible, individuals chosen to serve on the Heritage and Landmarks Commission shall represent the disciplines listed in The Secretary of the Interior’s Proposed Historic Preservation Qualification Standards. A majority of Heritage and Landmarks Commission voting members shall reside or work inside Canby’s Urban Growth Boundary. (Ord. 1369, 2013; Ord. 1435 2016; Ord. 1469, 2018)
Members are appointed by the City Council upon recommendation by the Committee Chairperson and assigned Council Liaison. The Mayor may vote only to break a tie, if necessary. Any Heritage and Landmarks Commission member failing to attend three (3) consecutive meetings without approval of the Heritage and Landmarks Commission Chairperson may be removed by the Council and a new member appointed to complete the unexpired term. Heritage and Landmarks Commission members serve at the pleasure of the City Council and are subject to removal at any time by the Council with or without cause. (Ord. 1369, 2013; Ord. 1469, 2018)
B. Terms of Service. The members of the Heritage and Landmarks Commission shall be appointed for three (3) years, and may be reappointed or removed at the discretion of the City Council. The High School Student’s term shall end upon graduation. (Ord. 905, 1994; Ord. 1061, 2000; Ord. 1369 2013; Ord. 1369, 2013; Ord. 1469, 2018)
C. Officers. Each year at the first meeting the Heritage and Landmarks Commission shall select a Chairperson and Vice-Chairperson who shall serve for a term of one (1) year.
D. The Heritage and Landmarks Commission shall meet at least four (4) times a year, and as required to conduct business in a timely fashion. Notice of the meetings shall be in accordance with applicable state law. Meeting minutes, applications for Certificates or Appropriateness, Landmark nominations, records of designation, staff reports and decisions of the Heritage and Landmarks Commission shall be created and maintained as public records in accordance with applicable local state laws. (Ord. 1584, 2022)
E. A simple majority of the members of the Heritage and Landmarks Commission shall constitute a quorum. The concurring vote of the members present shall be required for approval or disapproval of any motion or other action of the Heritage and Landmarks Commission. (Ord. 1584, 2022)
It is the responsibility of the Heritage and Landmarks Commission to ensure that the purposes of this section are implemented, and to perform the following duties (Ord. 1469, 2018):
A. Adopt rules to govern its deliberations and decisions, including a method to record its proceedings.
B. Carry out the duties described for it in this ordinance and assist the Planning Director, Planning Commission and City Council on historic preservation matters (Ord. 1469, 2018).
C. Maintain and update an inventory of historic resources within the city, as provided under section 16.110.035.
D. Review and render decisions on all proposals to alter the exterior of a Historic Landmark or contributing resource within a designated Historic District subject to the procedures and criteria set forth in section 16.110.080.
(Ord. 1584, 2022)
E. Review and make recommendations on application of the Historical Protection Overlay Zone, as provided under section 16.110.045.
F. Review and render decisions on proposals to alter the exterior of a Historic Landmark subject to the procedures and criteria set forth in section 16.110.080.
G. Review and render decisions on all proposed new construction subject to a building permit on property where a Historic Landmark is locatiod or within a Historic District, subject to the procedures and criteria set forth in section 16.110.080.
(Ord. 1584, 2022)
H. Review all requests for demolition of a historic landmark or contributing resource, as provided under section 16.110.075.
I. Review and make recommendations to the Planning Commission on all Conditional Use applications under section 16.38.
J. Review and make recommendations on all partitions and subdivisions of designated properties, as provided under section 16.110.085.
K. Disseminate information to educate the public as to local, state and federal laws protecting antiquities and historic places.
L. Act as consultant for local preservation groups, educational workshops, signage and monumentation projects, and other similar projects.
M. Advise interest groups, agencies, boards, commissions, and citizens on matters relating to historic preservation within the city.
O. The Heritage and Landmarks Commission shall support the enforcement of all state laws relating to historic preservation. (Ord. 905, 1994; Ord. 1061, 2000; renumb., mod. by Ord. 1584, 2022)
The Inventory of Historic Resources lists, describes, and determines the eligibility of historic resources for listing in the City of Canby Register of Historic Landmarks and Historic Districts. Not all properties listed in the Inventory of Historic Resources are eligible for listing in the City of Canby Register of Historic Landmarks and Historic Districts. A property need not be first listed in the Inventory of Historic Resources before being nominated to the City of Canby Register of Historic Landmarks and Historic Districts under Section 16.110.045.
The Heritage and Landmarks Commission shall determine and periodically revise priorities for the identification and evaluation of historic resources based on the
community’s needs and interests.
Before commencing inventory studies or updates, the Heritage and Landmarks Commission shall provide public notice describing the inventory and its purposes, as well as invite public participation.
Surveyed properties shall be identified as Eligible/Significant (ES), Eligible/Contributing (EC), Non- Contributing (NC), or Not in Period (NP). Evaluation and documentation of properties in the Inventory of Historic Resources shall meet the requirements of the document, “Guidelines for Historic Resource Surveys in Oregon, 2010” or most recent guidance for such efforts published by the SHPO and supplied to the agency within six (6) months of the completion of the study. All survey data will be recorded in the Oregon Historic Sites Database.
The Heritage and Landmarks Commission shall request a Geographic Information System (GIS) point layer for properties within and immediately adjacent to the City of Canby, with associated attribute data from the SHPO’s Oregon Historic Sites Database, for integration within the City’s GIS system and for making the data publicly available via the city’s website. This data sharing will be updated annually. No archaeological data will be included in this data sharing.
The Inventory of Historic Resources shall be maintained as a public record with the exception of archaeological sites, which is prohibited by state law.
Citizens shall have the opportunity to review and correct information included in the Inventory of Historic Resources. Any member of the public may place a property in the Inventory of Historic Resources; however, the Heritage and Landmarks Commission retains the authority to determine the property’s eligibility for listing in the City of Canby Register of Historic Landmarks and Historic Districts.
The Heritage and Landmarks Commission may collect further information including, but not limited to, current photographs, architectural descriptions based on on-site observations, or archival documentation for properties already listed in the City of Canby Register of Historic Landmarks and Historic Districts or National Register for the purposes of administering this Ordinance pursuant to the provisions of this Section. (Orig. section del., repl. by Ord. 1584, 2022)
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