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The City of Union Historic Preservation Commission is hereby established with the following provisions.
(A) The City Council shall appoint a Historic Preservation Officer to serve as staff to the Historic Preservation Commission and to carry out the administrative provisions of this chapter. The Historic Preservation Officer may appoint a designee(s) to carry out responsibilities delegated to him or her under this chapter.
(B) (1) The Historic Preservation Commission shall consist of FIVE members appointed by the Mayor subject to Council approval. A minimum of three commissioners shall be residents of the City of Union with one member from the City of Union Planning Commission, appointed to the Historic Preservation Commission as non-voting member.
(2) It is desired to appoint members with a demonstrated competence, knowledge, or interest in historic preservation with preference given to those with professional experience in the fields of preservation, architecture, archaeology, community history, building trends, real estate, or related specialties. Members shall serve without compensation, but are eligible for reimbursement of expenses related to their service.
(C) Initial appointments to the Commission shall be for terms of one, two and three years. Subsequent terms of appointment shall be for three years, or in the case of a replacement, for the remainder of the unexpired term. Members shall be eligible for reappointment. Position one - term one
year, position two - term two years, position three and four - term three years. Position five will be filled with a Planning Commission member.
(D) A chair and vice-chair shall be elected annually by and from the seated membership. Officers are eligible for reelection.
(E) The Commission shall meet at least four times a year, and as required to conduct business in a timely fashion. Notice of the meetings shall be in accordance with applicable state law. Meeting minutes, applications for certificates of appropriateness, Landmark nominations, records of designation, staff reports, and decisions of the Commission shall be created and maintained as public records in accordance with applicable federal, state and local laws.
(F) A simple majority of the voting members of the Commission shall constitute a quorum. The concurring vote of the members present shall be required for approval or disapproval of any motion or other action of the Commission.
(G) The Historic Preservation Officer shall request that the City Council consider declaring the position vacant of any member who is absent from three meetings in a single calendar year without being excused prior to the meeting by the Chair of the Commission.
(Ord. 526, passed 6-11-2012)
The Commission shall have the following duties.
(A) Employing the procedures and criteria in § 156.08, the Commission shall identify and evaluate properties in the City of Union and maintain a Historic Resource Survey consistent with the standards of the Oregon State Historic Preservation Office, hereinafter referred to as “SHPO”.
(B) Employing the procedures and criteria in § 156.09, the Commission shall designate properties to the Local Landmark Register.
(C) Employing the procedures and criteria in § 156.10, the Commission shall review and act upon applications for the alteration, relocation, or demolition of landmarks.
(D) The Commission shall support the enforcement of all state laws relating to historic preservation.
(E) The Commission shall perform any other functions that may be designated by resolution or motion of the City Council.
(F) The Commission may adopt and publish written and graphic guidelines and example materials to clarify the criteria in this chapter and to assist applicants in developing complete and viable
applications to designate, alter, rehabilitate, relocate, or demolish landmarks. Documents intended to be used for the regulation of alterations as defined in this chapter must be voted and approved by the Commission as a recommendation to the City Council. Recommendation will then be sent for adopted consideration by the Union City Council and approved as part of the City of Union Zoning and Development Code using the established procedures for amendments.
(G) The Commission may undertake to inform the citizens of, and visitors to the City of Union, regarding the community’s history and prehistory; promote research into its history and prehistory; collect and make available materials on the preservation of landmarks; provide information on state and federal preservation programs; and document landmarks prior to their alteration, demolition, or relocation and archive that documentation.
(H) For purposes consistent with this chapter and subject to the approval the City Council, the Commission may seek, accept, and expend public appropriations; seek, accept, and expend grant and gift funds; cooperate with public and private entities; assist the owners of landmarks in securing funding for the preservation of their properties; and report on such activities to the City Council.
(I) The Commission may recommend incentives and code amendments to the City Council and Planning Commission to promote historic preservation in the community.
(J) The Commission may comment on local, state, or federal issues, laws, and requests relating to historic preservation.
(K) The Commission may employ clerical and expert assistance and elect to form ad-hoc committees to carry out its business.
(L) The Commission may adopt and amend by-laws to regulate its internal operations.
(Ord. 526, passed 6-11-2012)
The Historic Resource Survey lists, describes, and determines the eligibility of historic resources for listing in the Local Landmark Register. Not all properties listed in the Historic Resource Survey are
eligible for listing in the Landmarks Register. A property need not be first listed in the Historic Resource Survey before being nominated to the Local Landmark Register under § 156.09.
(A) The Commission shall determine and periodically revise priorities for the identification and evaluation of historic resources based on the community’s needs and interests.
(B) 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 Historic Resource Survey 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 be supplied to the agency within six months of the completion of the study.
(C) The Historic Resource Survey shall be maintained as a public record with the exception of archaeological sites, which is prohibited by state law.
(D) Citizens shall have the opportunity to review and correct information included in the Historic Resource Survey. Any member of the public may place a property in the Historic Resource Survey; however, the Commission retains the authority to determine the property’s eligibility for listing in the Local Landmark Register.
(E) The 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 Local Landmark Register or National Register for the purposes of administering this chapter pursuant to the provisions of this section.
(Ord. 526, passed 6-11-2012)
The Commission may designate historic resources to the Local Landmark Register as a means of providing recognition of their significance and providing incentives and guidelines for their preservation. The Local Landmark Register is maintained by the Historic Preservation Officer and shall be available to the public.
(A) Historic resources within the corporate boundaries of the city and listed in the National Register, including all National Register-listed historic districts in their entirety may be listed in the Local Landmark Register using the procedures outlined in division (C) of this section, but need not be documented as outlined in divisions (B)(2) through (4) of this section. 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 § 156.10(E), pursuant to Oregon state law.
(B) Criteria for designating historic resources to the Local Landmark Register. Any building, structure, object, site, or district may be designated to the Local Landmark Register if it meets all the Criteria of division (A) of this section or all of the criteria listed below:
(1) The property is located within the boundaries of the City of Union;
(2) The property is over 50 years of age or of exceptional importance, or in the case of a district, the majority of the properties are over 50 years old or have exceptional significance;
(3) The property possesses sufficient historic integrity, in that there are no major alterations or additions that have obscured or destroyed the significant historic features. Major alterations that may destroy the historic integrity include, but are not limited to, changes in pitch of the main roof, enlargement or enclosure of windows on principal facades, addition of upper stories or the removal of original upper stories, covering the exterior walls with non-historic materials, moving the resource from its original location to one that is dissimilar to the original, additions which significantly detract from or obscure the form and appearance of the historic resource when viewed from the public right-of-way;
(4) The property has historic significance as demonstrated by meeting at least one of the following criteria:
(a) Association with events that have made a significant contribution to the broad patterns of our history;
(b) Association with the lives or persons significant in our past;
(c) Embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; and/or
(d) Have yielded, or may be likely to yield, information important in prehistory or history.
(C) Nomination procedure. Any person, group, or government agency may nominate a property for listing in the Local Landmark Register. The nomination procedures are as follows:
(1) There is no fee associated with nominating a historic resource to the Landmark Register.
(2) The nomination for a historic resource to the Local Landmark Register must include a description of the boundaries of the proposed nominated area and the structures, objects, and sites contained therein, and a statement explaining how the historic resource(s) meet(s) the criteria under division (B) of this section. The Historic Preservation Officer may establish additional standards for a complete application.
(3) Prior to setting the proposed nomination on the agenda for the next Commission meeting, the Historic Preservation Officer shall inform property owners in writing of the nomination process pursuant to local and state law. To be listed in the Local Landmark Register, the property’s legal owner(s) shall provide to the city a written statement acknowledging that the owner understands the nomination process and the results of such a designation, and wishes to have their property listed in the Local Landmark Register. Within locally designated historic districts a boundary may be established, but only those that submit a statement as described above will be listed in the Local Landmark Register. In cases where multiple persons or entities own a single property, a simple majority of the property owners must submit a written statement. The city may not object to the listing of a historic resource in city ownership. This provision does not apply to individual historic resources and historic districts listed in the National Register.
(4) Upon acceptance of a complete application and receipt of written owner consent, the Historic Preservation Officer shall schedule a public hearing before the Commission pursuant to applicable state and local laws.
(5) The Commission shall review the documentation for completeness, accuracy, and compliance with the “Criteria for Designating Historic Resources to the Local Landmark Register” of this section. The Commission may make a recommendation to approve, deny, or table the application pending further testimony, or to allow for the petitioner to provide additional information as requested by the Commission. The Commission shall develop written findings to support its decisions.
(6) Applications approved or denied by the Commission shall be final, but can be appealed to the City Council within 60 days for the final decision.
(7) Upon final approval by the Historic Preservation Committee, the Historic Preservation Officer shall prepare a Record of Designation that includes the original nomination materials, and any testimony or additional materials considered during the nomination process that establishes the eligibility of the historic resource for listing in the Local Landmark Register. Applicant may appeal a final decision by the Historic Preservation Committee within 60 days of the decision.
(8) Historic resources designated as landmarks shall be noticed as such in “Union Historic District” and the National Register of Historic Places. The designation shall apply to the entirety of the recognized Landmark as described in the Record of Designation regardless of future property division or ownership.
(9) A Record of Designation may be amended through the process described in division (C) of this section. The Historic Preservation Officer may administratively add additional materials gathered under the provisions of § 156.08 to keep the record current or elaborate on established facts in the Record of Designation. Notice of such an action shall be provided to the Commission at their next regular meeting.
(D) Results of listing in Local Landmark Register. Historic resources listed in the Local Landmark Register receive the following benefits:
(1) All uses and restrictions established by the underlying zoning, existing conditional use permits, and other applicable design standards shall remain in effect unless changed through due process.
(3) Union Planning Commission shall consider granting zoning variances and/or conditional use permits in order to encourage the productive use and preservation of landmarks.
(4) The local Building Official shall consider waiving certain code requirements in accordance with the existing state building code.
(5) Property owners of landmarks may seek technical or financial assistance from the Commission in applying for grants or tax incentives for rehabilitating their properties as resources and funds are available.
(6) Property owners of landmarks are eligible to receive city-funded grants and loans to assist with the preservation of their buildings as resources and funds are available.
(Ord. 526, passed 6-11-2012)
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