16.110.085 Partitions and Subdivisions.

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)

16.110.090 Incentives.

   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)

16.110.095 Casualty Destruction.

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)

16.110.100 Fees.

No fees or deposits for applications, plan reviews, interpretations or any other action pursuant to this chapter, shall be established. (Ord. 905, 1994)

16.110.105 Enforcement.

It shall be the duty of the Planning Director to enforce the provisions of this chapter and to insure compliance with conditions of approval or postponement. (Ord. 905, 1994)

16.110.110 Penalties.

Any person who fails to comply with, or who violates any provision of this chapter, except the demolition provisions of section 16.110.075, or who violates or fails to carry out the terms and conditions of any approval granted pursuant to this chapter, shall be subject to a fine of not less than $50.00 or more than $500.00 per violation. The demolition of a Landmark in violation of section 16.110.075 is punishable by a fine of not less than $500, nor more than $25,000. (Ord. 905, 1994; Ord. 1061, 2000)

16.110.115 Official Action.

All officials, departments and employees of the city vested with authority to issue permits or grant approvals shall adhere to and require conformance with this chapter, and shall issue no permit or grant approval for any development, alteration, moving or demolition which violates or fails to comply with conditions or standards imposed to carry out this chapter. Any permit or approval issued or granted in conflict with the provisions of this chapter, whether intentional or otherwise, shall be void. (Ord. 905, 1994)

16.110.120 Abatement of Violations.

Any development which occurs contrary to the provisions of this chapter or contrary to any permit or approval issued or granted hereunder is hereby declared to be unlawful and a public nuisance, and may be abated by appropriate proceedings.(Ord. 905, 1994)