A. Purpose. The intent of this subsection is to protect Historic Landmarks and Historic Districts from destructive acts and to provide the citizens of the city time to review the significance of a Historic Landmark or Contributing Resource within a Historic District, and to pursue options to preserve such building(s), structure(s), objects(s), sites(s) or district(s) if historic preservation is deemed in the best interest of the community.
B. Prior to submittal of a request for moving or demolition, a preservation plan is required.
1. The applicant shall prepare and submit a plan for preservation of the Landmark or Contributing Resource. A pre-application conference shall be scheduled to allow the applicant and staff to discuss the proposal, the preservation plan requirements, and the applicable criteria. The plan shall be reviewed by the Heritage and Landmarks Commission. (Ord. 1469, 2018)
2. The Preservation Plan shall include a narrative describing how the applicant will accomplish all of the following:
a. The resource shall be advertised in the local, regional and historic preservation newspapers of general circulation in the area, once per week during the pre-application period.
b. A city-provided sign shall be placed on the property informing the public of intended action which will remove or demolish the structure. The sign shall remain on the property until a permit is issued.
c. Information will be prepared and made available, related to the history and sale of the property, to all who inquire.
d. The proposed plan for the new use of the Historic Landmark site shall be provided.
e. A record of the parties who have expressed an interest in the structure shall be provided and, to ensure that an adequate effort has been made to secure a relocation site, a list of locations and owners who have been contacted regarding purchase of a relocation site shall be provided.
3. Following receipt of the preservation plan, the Planning Director shall review and approve said plan and shall issue a media release to local newspapers of general circulation. The media release shall include, but not be limited to, a description of the significance of the Historic Landmark, the reasons for the proposed demolition or removal, and the possible options for preserving the Historic Landmark.
C. Moving or Demolition Permit. No building designated as a Historic Landmark or Contributing Resource within a Historic District shall be intentionally moved unless such action is approved by the Heritage and Landmarks Commission. No building designated as a Historic Landmark or Contributing Resource within a Historic District shall be intentionally demolished unless such action is approved by the City Council. Application for permit to move or demolish such a building shall be made to the Planning Director. (Ord. 1469, 2018)
D. Public Hearing Review. The Heritage and Landmarks Commission shall hold a public hearing under provisions and procedures in Subsection 16.110.050, to review the request to move, demolish or destroy a Historic Landmark or Contributing Resource within a Historic District. The Heritage and Landmarks Commission shall make a final decision on applications to move a Landmark or Contributing Resource and shall make a recommendation to the City Council on demolitions. The Heritage and Landmarks Commission shall make written findings supporting its decision to approve or suspend the request. The burden of proof lies with the applicant. For demolition applications, the City Council shall review the record and findings of the Heritage and Landmarks Commission and make a final decision. The Council may, but is not required to, hold a public hearing on the matter. (Ord. 1469, 2018)
E. Moving a Historic Landmark or Contributing Resource. In order to allow the moving of a Historic Landmark or Contributing Resource, the Heritage and Landmarks Commission shall consider the following (Ord. 1469, 2018):
1. Relocation is the only alternative for preservation of the Historic Landmark or Contributing Resource;
2. The proposed relocation site will not greatly reduce the historical and/or architectural significance of the Historic Landmark or Contributing Resource; the site is a contextually appropriate setting; it is within the city and preferably within the neighborhood within which it is currently located;
3. The designated resource cannot reasonably be used in conjunction with the proposed use;
4. The continued location of the Landmark or Contributing Resource on the proposed development site precludes development on the site which would provide a greater community benefit;
5. The designated Landmark or Contributing Resource is structurally capable of relocation;
6. If the Landmark or Contributing Resource is relocated within the city, the owner of the relocation site agrees, as a condition of the purchase agreement, to apply within ninety (90) days of relocation, to the city for designation as a Historic Landmark, to be protected under the provisions of this ordinance;
7. The loss of the Landmark or Contributing Resource will not affect the integrity of a Historic District; and adequate effort has been made to seek a relocation site within the Historic District.
F. Demolition of a Historic Landmark or Contributing Resource. In order to allow the demolition of a Landmark or Contributing Resource, the Heritage and Landmarks Commission and City Council shall consider the following (Ord. 1469, 2018):
1. All plans, drawings, and photographs submitted by the applicant; and,
2. Information presented at the public hearing concerning the proposed work proposal; and,
3. The Canby Comprehensive Plan; and
4. The purposes of this ordinance as set forth in section 16.110.010; and
5. The criteria used in the original designation of the Historic Landmark or Historic District in which the property under consideration is situated; and,
6. The historical and architectural style, the general design, arrangement, materials of the structure in question, or its appurtenant fixtures; the relationship of such features to the other buildings within the district or corridor; and the position of the building in relation to public rights-of-way and to other buildings and structures in the area; and,
7. The effects of the proposed work upon the protection, enhancement, perpetuation and use of the district or corridor which cause it to possess a special character or special historical or aesthetic interest or value; and,
8. Whether suspension of the permit will involve substantial hardship to the applicant, and whether approval of the request would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this ordinance; and,
9. When applicable, the findings of the Building Official in determining the status of the subject building as a dangerous building under section 15.16 of the Municipal Code, and the feasibility of correcting the deficiencies to meet the requirements of the City Council rather than demolishing the building.
G. Approval of Moving or Demolition Request/Appeals. The Heritage and Landmarks Commission or City Council may approve the moving or demolition request in consideration of the provisions under 3 and 4, above. The action of the Heritage and Landmarks Commission shall be transmitted to the applicant in writing within ten (10) days of the decision on the request, and shall be final after a period of fifteen (15) days from the date of the letter and findings approving the request, unless a notice of appeal is filed by any aggrieved party, pursuant to section 16.89. (Ord. 1469, 2018)
H. Suspension of Moving or Demolition Permit Request. The Heritage and Landmarks Commission may suspend the request for moving or demolition of a Historic Landmark or Contributing Resource if it determines that in the interest of preserving historic values for public benefit, the building should not be moved or demolished. Written findings supporting the suspension of the request shall be transmitted to the applicant within ten (10) days of the final public hearing on the request. (Ord. 1469, 2018)
I. Stay of Moving or Demolition. If the moving or demolition request is suspended by the Heritage and Landmarks Commission, the written finding supporting the action to suspend the request shall be transmitted to the Planning Director, along with a request that the enforcement of any applicable notice and order of the building official be stayed during the pendency of an appeal, or for a period of not more than sixty (60) days from the date of the letter and findings supporting the suspension. During this stay of demolition period, the following actions may be taken (Ord. 1469, 2018):
1. The Fire Marshal, Chief of Police, or the City Council designee, may require the owner or other party responsible for the subject building to take appropriate actions, other than demolition, to protect the public from hazardous conditions associated with the building.
2. The applicant may be required by the Heritage and Landmarks Commission to continue to carry out the Preservation Plan (Section 16.110.075 (2)) activities through the entire stay of moving or demolition. (Ord. 1469, 2018)
3. The Heritage and Landmarks Commission may research programs or projects underway which could result in public or private acquisition of the subject building and site, and assess the potential for the success of these programs or projects. (Ord. 1469, 2018)
a. If the Heritage and Landmarks Commission determines that there is reasonable grounds to believe that such program or project may be successful, it may extend the suspension period up to thirty (30) additional days per extension, not to exceed more than a total of 120 days from the date of the letter and finding suspending the request. (Ord. 1469, 2018)
b. If the Heritage and Landmarks Commission determines that all such programs or projects are unlikely to be successful, and the applicant has not withdrawn his application for a demolition permit or taken appropriate alternative action to correct the hazards associated with the subject building as provided in a notice and order of the City Council, then at the end of the stay of demolition period, the building official may, with advice of the Planning Director, issue such permit, subject to all other applicable codes and ordinances. (Ord. 1469, 2018)
J. Appeal of Stay of Demolition. Action of the Heritage and Landmarks Commission in suspending issuance of the permit for demolition may be appealed by the applicant, to the City Council, within fifteen (15) days of the date of the written findings suspending the demolition permit, by filing a notice of appeal, as provided in section 16.88.140. (Ord. 1469, 2018)
K. Documentation Required. When moving or demolition is imminent, whether by direct approval or if efforts during the Preservation Plan and Stay of Demolition are unsuccessful, the following complete documentation of the structure(s) is required to be submitted to the Planning Director by the applicant, or access allowed to a designee of the Heritage and Landmarks Commission (Ord. 1469, 2018):
1. Floor plans, to scale, of the structure(s) and related structures.
2. Site plan, to scale, showing surrounding roadways, landscaping, natural features, structure(s) and related structure(s).
3. Photographs of all exterior elevations.
4. Photographs of architectural detail not shown in elevation photographs.
5. The Historic Preservation League of Oregon, Canby Heritage League, Old Home Forum, and any other local preservation group shall be given written notice of the opportunity to salvage and record the resource. A copy of such notice shall also be given to the Planning Director.
L. Moving or Demolition Permit Issuance. A moving or demolition permit for a Landmark found to comply with all provisions set forth in Division 10 of this ordinance shall not be issued until all development permit applications for the new use or development have been approved by the city. (Ord. 905, 1994; Ord. 1061, 2000)