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Except as provided within this subchapter, no person may alter any designated historic resource in such a manner as to affect the exterior appearance unless a certificate of appropriateness has been issued by the city.
(A) Application for a certificate of appropriateness. The application shall be submitted to the city along with the required filing fee. The Application shall include a detailed description of the request and compliance with the review criteria in § 155.365 of this chapter.
(B) Coordination with County Museum. Prior to action on any historic resource issue, the city shall notify the County Museum and, in concert with the museum staff, may conduct a study of the proposed action, prepare documentation as may be appropriate and make a recommendation in the form of a staff report to the Planning Commission as to the appropriateness of the proposed action.
(C) City review. The city shall review the application pursuant to this subchapter. Notice of the application shall be given pursuant to § 155.362 of this chapter and shall also be posted in three locations in the city seven days before action by the city. The city shall approve, approve with conditions or disapprove issuance of the certificate of appropriateness for exterior alterations. The decision of the City shall include findings of fact. Decisions of the city may be appealed to the Planning Commission according to this subchapter and notice of the Planning Commission hearing shall be given in accordance with the application review section of this chapter and shall be posted in three locations in the city seven days before action by the Planning Commission.
(D) Review criteria. The city shall consider the following criteria in reviewing proposed exterior alterations to historic resources.
(1) Retention of original construction. All original exterior materials and details shall be preserved to the maximum extent feasible.
(2) Height. Additional stories may be added to historic buildings; provided:
(a) The added height complies with requirements of the Building and Development Codes;
(b) The added height does not exceed that which was traditional for the style of the building; and
(c) The added height is visually compatible with adjacent historic buildings.
(3) Bulk. Horizontal additions may be added to historic buildings; provided:
(a) The bulk of the addition does not exceed that which was traditional for the building style;
(b) The addition maintains the traditional scale and proportion of the building style, particularly as viewed from the sides of the building which front on public rights-of-way; and
(c) The addition is visually compatible with adjacent historic buildings.
(4) Visual integrity of structure. The lines of columns, piers, spandrels or other primary structural elements shall be maintained so far as is practicable.
(5) Scale and proportion. The scale and proportion of altered or added building elements and the relationship of windows to walls shall be visually compatible with the traditional architectural character of the historic building.
(6) Material, color and texture. The materials, colors and textures used in the alteration or addition shall be visually compatible with the traditional architectural character of the historic building and matches existing materials, colors and textures to the maximum extent feasible. Original masonry and mortar, without the application of any surface treatment, shall be retained whenever possible.
(7) Signs, lighting. Signs, lighting and other appurtenances, such as walls, fences and awnings shall be visually compatible with the traditional architectural character of the historic building. Trees larger than 18 inches in diameter at breast height shall be retained, whenever possible.
(8) Preservation, cleaning and repair. Preservation, cleaning, repair and other treatment of original materials shall be in accord with the Secretary of Interiors Standards of Rehabilitation and Guidelines for Rehabilitation of Historic Buildings.
(Prior Code, § 16.70.015)
(A) Application for demolition permit. If an application for a permit to demolish a designated landmark or any building within a designated historic district is received, the Building Official shall, within seven days, transmit to the city and Planning Commission a copy of said transaction, unless the Building Official has found that the building does not comply with the Uniform Code for Abatement of Dangerous Buildings and has ordered the removal or demolition of such building on the basis of a danger to life, health or property.
(B) Planning Commission review. Applications for demolition of historic resources shall be subject to the public notice requirements and the public hearing requirements of §§ 155.025 through 155.033 of this chapter. Prior to the issuance of a permit for the demolition of any designated landmark, the Planning Commission shall review the request to determine to its satisfaction that the applicant has met the following conditions:
(1) The applicant has advertised such building for sale or removal from the site, with such advertisement to run two consecutive weeks (no less than seven days apart) in a newspaper of general circulation in the city area; and
(2) The applicant has not rejected the highest bona fide offer for sale and removal of the building.
(C) Approval of request and appeal period. The Planning Commission may approve or deny the demolition request. If the request is granted and no appeal is filed within the timeframes set forth in §§ 155.025 through 155.033 of this chapter, the Building Official shall issue the permit after determining that the permit is in compliance with all other codes and ordinances of the city.
(D) Denial of request and temporary stay of demolition. Should the Commission reject the application to demolish, issuance of the permit shall be suspended for a period of up to 90 days so that alternative disposition of the property may be considered. During such period of suspension, no permit shall be issued for such demolition, nor shall any person demolish the building or structure. If all programs or projects to save the building from demolition are demonstrated to the Planning Commission to be unsuccessful and the applicant has not withdrawn the application for demolition, the Planning Commission shall authorize the Building Inspector to issue such permit if the application otherwise complies with the codes and ordinances of the city.
(Prior Code, § 16.70.020)
SNR SIGNIFICANT NATURAL RESOURCES OVERLAY DISTRICT
(A) The Significant Natural Resources Overlay District provides protection for identified significant natural resources within the city as designated under Statewide Planning Goal 5. For the purpose of this overlay zone, significant natural resources are designated as significant wetlands and riparian corridors. These resources have been inventoried within the city according to procedures, standards and definitions established under Goal 5 and are identified on the Significant Natural Resources Map as adopted in the Comprehensive Plan.
(B) The Significant Natural Resources Overlay Zone District is intended to:
(1) Protect valuable natural resources within the city’s urban growth boundary, while ensuring reasonable economic use of property;
(2) Augment existing regulations of water quality sensitive areas, vegetated corridors wetlands and water resources, including Clean Water Services Design and Construction Standards, the Division of State Lands Removal Fill Law (ORS 196.800 to 196.990) and by the U.S. Army Corps of Engineers’ administration of § 404 of the Clean Water Act;
(3) Encourage public knowledge, understanding and appreciation of the city’s natural resources;
(4) Provide protection of wetlands and riparian corridors to maintain salmonid habitat, water quality, thermal regulation, sediment trapping, hydrologic control of flood waters; stream bank stabilization and other important functions and conditions;
(5) Encourage restoration of wetlands and riparian corridors; and
(6) Carry out the provisions of Statewide Planning Goal 5.
(Prior Code, § 16.75.000)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERATION. The addition to, removal of or from, or physical modification of any exterior part or portion of a landmark, or identified building.
BANK FULL STAGE. The elevation at which water overflows the natural banks of the stream.
BIOENGINEERING. A method of erosion control and landscape restoration using live plants, such as willows.
BUILDING ENVELOPE. The land area, outside of all required setbacks, which is available for construction of a primary structure on a particular property.
DELINEATION. An analysis of a resource by a qualified professional that determines its boundary according to an approved methodology.
EXCAVATION. Removal of organic or inorganic material (such as, soil, sand, sediment, muck) by human action.
FILL. Deposition of organic or inorganic material (such as, soil, sand, sediment, muck, debris) by human action.
IMPERVIOUS SURFACE. Any material (such as, rooftops, asphalt, concrete) which reduces or prevents absorption of water into soil.
LAWN. Grass or similar materials usually maintained as a ground cover of less than six inches in height. For purposes of this subchapter, LAWN is not considered native vegetation regardless of the species used.
MITIGATION. A means of compensating for impacts to a significant natural resource or its buffer including: restoration, creation or enhancement. Some examples of MITIGATION actions are construction of new wetlands to replace an existing wetland that has been filled, replanting trees, removal of nuisance plants and restoring stream-side vegetation where it is disturbed.
NATIVE VEGETATION. Plants identified as naturally occurring and historically found within the city.
NATURAL RESOURCE ENHANCEMENT. A modification of a natural resource to improve its quality.
NATURAL RESOURCE OVERLAY. Designation given to all significant wetlands and riparian corridors delineated on the Significant Natural Resources Map.
NON-CONFORMING.
(1) A structure or use that does not conform to the standards of this chapter, but has been in continuous existence from prior to the date of adoption of this chapter up to the present.
(2) NON-CONFORMING USES are not considered violations and are generally allowed to continue, although expansion, re-construction or substantial improvements are regulated.
QUALIFIED PROFESSIONAL. An individual who has proven expertise and vocational experience in a given natural resource field. A QUALIFIED PROFESSIONAL conducting a wetland delineation must appear on the state’s Division of State Lands Consultants List.
REVIEW AUTHORITY. The City of North Plains.
RIPARIAN CORRIDOR. A Goal 5 resource that includes the water areas, fish habitat, riparian areas and wetlands within the riparian corridor boundary. In the city, RIPARIAN CORRIDOR boundaries are measured as follows:
(1) The unnamed tributary of McKay Creek: 50 feet from the top of bank or from the edge of a delineated significant wetland, whichever is further landward; and
(2) McKay Creek: 75 feet from the top of bank or from the edge of a delineated significant wetland, whichever is further landward.
SIGNIFICANT NATURAL RESOURCE. Significant wetlands and riparian corridors within the city’s urban growth boundary and designated on the Significant Natural Resources Map.
SIGNIFICANT WETLAND. A wetland mapped on the city’s Local Wetlands Inventory which meets the primary criteria of the state’s current edition of the Division of State Lands Administrative Rules for Identifying Significant Wetlands. The final boundary of a SIGNIFICANT WETLAND is established through a wetland delineation using the required methodology and suggested methodologies of the current edition of the U.S. Army Corps of Engineers Wetland Delineation Manual.
STATE AND FEDERAL NATURAL RESOURCE AGENCY. State’s Division of State Lands, State’s Department of Fish and Wildlife, U.S. Army Corps of Engineers, U.S. Department of Agriculture Natural Resources Conservation Service, U.S. Fish and Wildlife Service and U.S. Environmental Protection Agency.
STREAM. A channel, such as McKay Creek or the unnamed tributary of McKay Creek, that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding human-made irrigation and drainage channels.
STRUCTURE. A building or other major improvement that is built, constructed or installed, not including minor improvements, such as fences, utility poles, flagpoles or irrigation system components that are not customarily regulated through zoning ordinances.
SUBSTANTIAL IMPROVEMENT.
(1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred.
(2) For the purposes of this definition, SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
(3) The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
TOP OF BANK. A distinct break in slope between the stream bottom and the surrounding terrain, which corresponds with the bank full stage of the stream.
VARIANCE. A grant of relief from the requirements of this subchapter, which permits activity in a manner that would otherwise be prohibited by this subchapter.
WETLAND.
(1) Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
(2) WETLANDS are generally regulated by the state’s Division of State Lands and the U.S. Army Corps of Engineers.
(Prior Code, § 16.75.005)
The procedures and requirements of the Significant Natural Resources Overlay Zone District (SNR):
(A) Apply to any parcel designated as having a significant natural resource on any portion of the tax lot;
(B) Apply in addition to the standards of the property’s underlying zone; and
(C) Supercede the property’s underlying zone where the underlying zone does not provide the level of significant natural resource protection afforded by the Significant Natural Resources Overlay Zone District.
(Prior Code, § 16.75.010)
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