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A. In order to designate buildings, sites, objects, or structures as Historic Landmarks or Historic Districts, it shall be found that:
1. The resource is about 50 years or older, or the resource is less than 50 years old but of exceptional importance with regard to its historical, architectural or environmental significance; and
2. There is historical, architectural, cultural and/or environmental significance.
B. The following factors shall be considered in determining whether the criteria found in subsection 1(b) of this section are satisfied:
1. Historical Significance.
a. Association with the life or activities of a person, group, organization, or institution that has made a significant contribution to the city, county, state or nation; or,
b. Association with an event that has made a significant contribution to the city, county, state or nation; or,
c. Association with broad patterns of cultural, political, social, economic, industrial, or agricultural history; or,
d. Potential for providing information of a prehistoric or historic nature in the city, county, state, or nation; or,
e. Listed on the National Register of Historic Places.
2. Architectural Significance.
a. Example of a particular architectural style, building type and/or convention; or,
b. Example of quality of composition, detailing and/or craftsmanship; or,
c. An example of a particular material and/or method of construction; or,
d. It retains original design features, materials and/or character; or,
e. The only remaining, or one of few remaining resources of a particular style, building type, design, material, or method of construction; or,
f. The work of a master architect.
3. Environmental Significance.
a. A visual landmark in the neighborhood or community, or,
b. Existing land use surrounding the resource contributes to the integrity of the pertinent historic period; or,
c. It consists of a grouping of interrelated elements including historic structures, plant materials and landscapes, view sheds and natural features.
d. It contributes to the continuity or historic character of the street, neighborhood and/or community. (Ord. 905, 1994; renumb., mod. by Ord. 1061, 2000;
Ord. 1584, 2022
)
A. Permits Required. Any alteration or relocation of a Historic Landmark shall be subject to the applicable regulations under the Building Code.
B. Waivers. Except for 1-2 family structures, as provided in section 104(f) of the Uniform Building Code, repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation or continued use of a Historic Landmark, or building within a Historic District or Historic Corridor, may be made without conformance to all the requirements of the Uniform Building Code when authorized by the Building Official, provided:
1. Any unsafe conditions as described in the Uniform Building Code are corrected;
2. The restored building or structure will be no more hazardous, based on life safety, fire safety, and sanitation, than the existing building; and
3. The Building Official seeks the advice of the Heritage and Landmarks Commission and/or the Oregon State Historic Preservation Officer. (Ord. 1469, 2018)
C. Alterations of Landmarks and Contributing Resources to provide handicap access, as approved by the Building Official with advice from the Planning Director and Heritage and Landmarks Commission, shall be allowed. To the extent practical, the design of the alteration shall be discreet and preserve the historic features upon which the designation is based. (Ord. 1469, 2018)
D. Modifications to certain regulations. As pertains to designated properties, the Planning Commission may modify the Land Development and Planning Code regulations pertaining to signs, fence and wall provisions, general provisions regarding height, yards, area, lot width, frontage, depth, coverage, number of off-street parking spaces required, and regulations prescribing setbacks, if the modifications:
1. Are necessary to preserve the historic character, appearance or integrity of the proposed Historic Landmark, and
2. Are in accordance with the purposes of the zoning and sign regulations.
The Heritage and Landmarks Commission shall make recommendations to the Planning Commission on such matters. (Ord. 1469, 2018)
E. Appeals. In the case of appeals related to the application of the Uniform Building Code to a Historic Landmark, or building within a Historic District, the City Council or the appropriate Local or state appeals board shall seek the advice of the state Historic Preservation Officer. (Ord. 905, 1994; Ord. 1061, 2000; Ord. 1584, 2022)
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)
A. Purpose. The intent of this subsection is to provide the procedures and criteria utilized by the Heritage and Landmarks Commission to review and render decisions on any proposal to alter the exterior of a Historic Landmark or a contributing resource within a designated Historic District, and on all new construction subject to a building permit on property where a Historic Landmark is located, or within a Historic District. (Ord. 1584, 2022)
B. Application Requirements. In addition to any normally required building permits, a Certificate of Appropriateness is required. Prior to formal application, a pre-application conference between the applicant and Planning Director shall occur. All applications for alterations and development made pursuant to this section shall include:
1. The applicant's name and address.
2. The owner's name(s) and address.
3. A detailed explanation of proposed alterations.
4. A written description of the location of the site and, if applicable, boundaries of the Historic District.
(Ord. 1584, 2022)
5. A map illustrating the location of the site and, if applicable, boundaries of the District.
6. A list of exterior materials pertinent to the application request.
7. Drawings:
a. Side elevation for each side of any affected structure,
b. Shall indicate dimensions and be to scale,
c. Photographs may be used in lieu of drawings for small projects.
Site plan showing relationship of structure(s) to roadways, parking areas, access drives, landscape features, plant materials, fences and other pertinent elements, drawn to scale.
C. Maintenance. The normal responsibilities of the property owner to care, repair and replace with like materials can be done without formal review. Normal maintenance may include, but not be limited to:
1. Painting and related preparation of the structure.
2. Repair and/or replacement of roofing materials with the same kind existing.
3. Ground care and maintenance required for the permitted use on the property.
4. Replacement of fences, shrubs or other yard fixtures or landscaping with like type or style.
5. Existing materials may be replaced in-kind, of either building or grounds because of damage or decay of materials.
6. Installation and maintenance of irrigation systems.
D. Minor Alterations. The Planning Director shall determine the status of a proposed alteration. While the following improvements may not always require a regular building permit, minor alterations shall always be reviewed and approved by the Planning Director, who may consult with the Heritage and Landmarks Commission, or any member thereof, in applying the provisions of this section. A Certificate of Appropriateness is required for minor alterations. An alteration shall be considered minor when the result of the proposed action is to restore portions of the exterior to the original historic appearance while performing repairs, such as (Ord. 1469, 2018):
1. Addition of gutters and downspouts (suggest repair of built-in, wooden, or half-round gutters and round downspouts).
2. Repairing or providing a compatible new foundation that does not result in raising or lowering the building elevation.
3. Change in material to match original type of material on the structure or grounds.
4. Change in type of roof material in character with the original roofing material.
5. Replacement of storm windows or doors with wooden, dark anodized, clad or painted in compatible color.
E. New Construction or Major Alterations Criteria. The Heritage and Landmarks Commission shall review all proposed new construction and alterations which exceed a minor status. A request for a new construction or alteration permit under this provision shall be made on the appropriate application form provided by the Planning Department. Review and approval of an application shall consider the following Secretary of the Interior's Standards for Rehabilitation (Ord. 1469, 2018):
1. A property shall be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
(Ord. 1584, 2022)
2. The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features and spaces and special relationships that characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other historic properties, shall not be undertaken.
4. Changes to properties that have acquired historic significance in their own right shall be retained and preserved.
5. Distinctive materials, features, finish and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.
8. Archeological resources affected by a project shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic materials, features, and special relationships that characterize the property. The new work shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale, and proportion and massing, to protect the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property, including historic plant materials, and its environment would be unimpaired. (Additional Criteria for Consideration)
11. The location and orientation of the new structure on the site is consistent with the typical location and orientation of similar structures on the site or within the District or Corridor, considering setbacks, distances between structures, location of entrances and similar siting considerations.
12. Changes to yard areas including planters, fences, ponds, walkways and landscape materials, should be compatible with the overall historic setting. (Ord. 905, 1994; Ord. 1061, 2000;
Ord. 1584, 2022)
The Heritage and Landmarks Commission shall review and make recommendations, as soon as possible, to the Planning Commission, on all proposed partitions or subdivisions of sites designated as a Landmark or located within a Historic District. The Planning Director shall transmit applications to the Heritage and Landmarks Commission as soon as possible. Review of proposed subdivisions or partitions shall be based on the following criteria (Ord. 1469, 2018):
A. The partition or subdivision does not allow a significant feature of the original site, as identified in the designation action and inventory, to be located on a separate site from the Landmark.
B. The partition or subdivision allows adequate setbacks from Landmark improvements to provide for buffering and mitigation of impacts associated with development of the new parcels. Such special required setbacks shall be indicated on the plat or partition or in deed covenants.
C. Yard and landscaped areas including large trees and shrubs associated with the Historic Landmark structure shall be retained with the structure whenever possible. (Ord. 905, 1994)
A. Economic.
1. The Planning Director or Heritage and Landmarks Commission shall provide all applicants and interested parties with details regarding monies available from national, state, county, and local sources. (Ord. 1469, 2018)
2. The city shall explore and consider the feasibility and advisability of the adoption of economic incentives for the benefit of owners of historic resources (i.e. revolving fund, to offset hardship, buy endangered properties, offer low interest loans or grants, tax relief).
3. The city shall explore and consider property tax rebates for designated properties.
4. The city shall explore and consider Community Development Block Grants for rehabilitation of designated properties.
5. The city shall encourage the establishment of a mechanism for providing opportunities for:
6. Cooperative purchase of materials for improvement;
7. Assistance in application for National Register application; and
8. Facilitating loan and insurance availability for designated properties.
B. Educational.
1. The Planning Director shall provide owners of historic resources with the names of local, state, and national preservation organizations and pertinent publications.
2. All owners of historic resources shall be invited to attend an annual preservation workshop sponsored either by the city, or in partnership with other jurisdictions in the county and shall be made aware of their eligibility for and advantage of membership in the Historic Preservation League of Oregon.
3. The Heritage and Landmarks Commission members may provide design guidance (but not to be construed as free long-term design service). (Ord. 1469, 2018)
4. The Heritage and Landmarks Commission and the Planning Director shall work with Parks Development and local developers to feature historic themes at appropriate sites. (Ord. 1469, 2018)
C. Recognition.
1. The city shall provide all owners of designated Landmark properties with an appropriate certificate.
2. Consistent with the requirements of the Sign Code section 16.42, property owners of Historic Landmarks and Contributing Resources shall be encouraged to display a standard identifying sign, as available through local preservation organizations. (Ord. 905, 1994; renumb. by Ord. 1061; 2000)
A historic resource damaged or destroyed by unintentional means, to the extent that the cost of rebuilding damaged portions would exceed fifty (50) percent of the replacement value of the entire historic resource, may be removed from the Landmark status list by requesting such action of the City Council, and providing such proof as is necessary to establish that the requirements of this section are met. (Ord. 905, 1994)
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