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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)
A. The Heritage and Landmarks Commission shall maintain a register of Historic Landmarks and Historic Districts, consisting of all properties so designated by the City Council. (Ord. 1469, 2018)
B. The three structures already designated under the Historic Overlay provisions in 1984, by Ordinance No. 742, are hereby added to the Register of Historic Landmarks.
C. Designated Historic Landmarks and Historic Districts shall have the Historical Protection Overlay Zone applied to them unless the City Council finds that such zoning is not appropriate to a specific piece of property. (Orig. section del., repl. by Ord. 1061, 2000)
A. Anyone may initiate the City’s Historic Landmark or Historic District designation procedure.
(Ord. 1469, 2018; Ord. 1584, 2022)
B. No property shall be designated without the written consent of the owner, or, in the case of multiple ownership, a majority of the owners. If the owner or owners refuse to consent to designation at any point during the designation process, the property shall be removed from any form of consideration for local designation. (Renumb., mod. by Ord. 1584, 2022)
C. The Planning Director shall establish standards for a complete application and may require a pre-application conference. Upon acceptance of a complete application, the Planning Director shall schedule a public hearing pursuant to applicable state laws.
D. After review, notice and public hearing, as specified in section 16.110.050, the Heritage and Landmarks Commission shall make a decision on the City’s Historic Landmark or Historic District designation. In addition the Heritage and Landmarks Commission shall make a recommendation to the Canby Planning Commission and City Council for assignment of the Historical Protection Overlay Zone. (Ord. 1469, 2018; renumb., mod. by Ord. 1584, 2022)
E. The Heritage and Landmarks Commission shall develop a record of designation describing how the Landmark meets the criteria for listing in the City of Canby Register of Historic Landmarks and Historic Districts. This record shall indicate the period of significance and those elements of a property or district that are included in the designation and subject to regulation under the provisions of this Ordinance. A list of contributing resources shall be identified upon creation of a historic district. (Ord. 1469, 2018
; renumb., mod. by Ord. 1584, 2022
)
F. Upon receipt of the record of the Heritage and Landmarks Commission proceedings and the recommendation of the Heritage and Landmarks Commission, the Planning Commission shall conduct a review of that record and shall make a recommendation to the City Council on the overlay zone designation. The City Council shall conduct a review of the records of both the Heritage and Landmarks Commission and Planning Commission and shall vote to approve, deny, or approve subject to modifications the recommendation that has been forwarded to them. The Planning Commission and City Council may, but are not required to, hold new public hearings on the matter. (Ord. 905, 1994; Ord. 1061, 2000; Ord. 1111, 2003; Ord. 1469, 2018;
Ord. 1584, 2022; renumb., mod. by Ord. 1584, 2022
)
G. Historic resources within the corporate boundaries of the City of Canby and listed in the National Register, including all National Register-listed historic districts in their entirety, may be listed in the City of Canby Register of Historic Landmarks and Historic Districts using the procedures outlined in Section
16.110.045, but need not be documented as outlined in Section 16.110.55. In such cases, the National Register nomination shall serve as the Record of Designation. As Historic Resources of Statewide Significance, all National Register-listed properties, including individual properties in recognized National Register-listed historic districts, are subject to the regulations in Section 16.110.75, pursuant to Oregon State Law. (Ord. 1584, 2022)
A. Review of any application pursuant to this chapter shall follow procedures set forth in Canby Ordinance Chapter 16.89.
B. The Heritage and Landmarks Commission shall follow the public hearing procedures found in ordinance section 16.88.130(C) and the notice requirements of ordinance section 16.88.130 (D) when reviewing the following applications (Ord. 1469, 2018):
1. Designation of a Historic Landmark or Historic District;
2. Modification of a Historic District boundary;
3. Demolition or moving of a Historic Landmark or Contributing Resource;
4. Alterations subject to the Heritage and Landmarks Commission review. (Ord. 1469, 2018)
5. New construction subject to the Heritage and Landmarks Commission review. (Ord. 1469, 2018)
C. The Planning Director shall apply the criteria of this ordinance when reviewing:
1. Minor alterations subject to the Planning Director's jurisdiction (see section 16.110.020, definition of Alterations.)
2. Lot line adjustments which occur on or to a Landmark or within a Historic District.
D. All other historically related administrative actions for which the Planning Director has decision making authority shall be subject to the review procedures provided in section 16.89.
E. The Planning Commission shall receive notice of all public hearings held by the Heritage and Landmarks Commission (Ord. 905, 1994; renumb., mod. by Ord. 1061, 2000; Ord. 1080, 2001; Ord. 1469, 2018; renumb., mod. by Ord. 1584, 2022)
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