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HomeMy WebLinkAboutOrdinance 1532ORDINANCE N0. 1532 AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE. TITLE 17, ZONING, TO ADD CHAPTER 17.70 RELATING TO HISTORIC PRESERVATION OVERLAY ZONE, ACID DECLARING AN EMERGENCY WHEREAS, Section VI, Environmental Management, of the Central Point Com- prehensive Plan includes an inventory of historical sites and structures in and surrounding the community9 and WHEREAS, Statewide Planning Goal No. 5 mandates the City°s adoption of measures for the preservation of historic sites and structures; and WHEREAS, the City of Central Point, in order to comply with the state- side goals,. has established the. necessary policies and procedures pertaining to the preservation of historic sites and structures; and WHEREAS, by Resolution No. 425, the Central Point City Council declared its intent to amend the Comprehensive Plan Text and Map, Zoning Ordinance, and Zoning Map, and by Ordinance No. 1521, established hearing dates therefor9 and WHEREAS, public hearings reviewing the proposed amendments were duly advertised in the Medford Mail Tribune as required by ordinance and held before the Citizens Advisory Committee on August 14, 1984, the Planning Com- mission on September 4, 19849 anal the City Council on September 20, 1984; and WHEREAS, at said public hearings opportunity was provided for testimony to be heard from proponents and opponents of the amendments; now, therefore, THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. There is hereby added to the Municipal Code of the City of Central Point, Chapter 17.70,. which is to read as follows: Chapter 17.70 HISTORIC PRESERVATION OVERLAY ZONE 17.70.010 Description and purpose. It is the public policy of the City of Central Point that the protection, enhancement, perpetuation and continued use of sites and improvements of a special historical or aesthetic interest or ORDINANCE N0. .15,32 -Page 1 value is in the best interests of the community. Also, the preservation of significant historic sites and buildings is a community responsibility and related implementing measures are required by the State of Oregon and by Statewide Planning Goal No. 5. The purposes of this section are to: A. Provide for the preservation and protection of sites and improvements within the community of Central Point that reflect or represent elements of the City°s cultural, social, economic, political or architectural history. B. Safeguard the City°s historic, aesthetic and cultural heritage as embodied and reflected in such improvements and areas. C. Complement the efforts of the Southern Oregon Historical Society, State of Oregon and other organizations or individual efforts aimed at histori- cal preservation. D. Foster civic pride in the beauty and accomplishments of Central Point°s past.. E. Carry out the provisions of L.C.D.C. Goal. No. 5. 17.70.020 Definitions.. For the purposes of this chapter, the following terms are defined: A. Alteration. The addition to, removal of or from, or physical modifi- cation or repair of any exterior part or portion of a landmark or structures in an historical district including signs. B. Architectural significance. To have 1°architectural significance", the site or structure must either (1) portray the environment of a group of people in an era of history characterized by a distinctive architectural style, (2) embody those distinguishing characteristics of an architectural-type specimen9 (3} be the work of an architect or master builder whose individual work has influenced the development of the City9 or (4) contain elements of architec- tural design, detail, materials, or craftmanship which represent a significant innovation. C. Board. The word 11board" shall mean the Historic Review Board. D. Demolish. To raze, destroy, dismantle, deface, or in any other manner cause partial or total ruin of a designated landmark or structure in a historic district or elsewhere in the community. E. Exterior. Any portion of the outside of a landmark or building or structure or any addition thereto, Any portion of the building that is visi- ble from the outside. F. Historical significance. The structure or district (1) has character, interest or value as part of the development, heritage or cultural character- istics of the City, state or nation; (2) is the site of a historic event with an effect. upon society or of notable interest to the community or area, (3) is identified with a person or group of persons who had some influence on society9 or (4) exemplifies the cultural, political, economic, social, or historic heritage of the community. 17.70..030 Historic Review Board. The Central Point Planning Commission will act in the capacity of Historic Review Board until such time as the City Council determines that a separate body is needed for this purpose. At that time the Council shall establish the necessary guidelines and criteria that may be needed to appoint members to the board that represent a cross-section of the community as well as unique backgrounds, interests, or other qualifications that will be helpful in dealing with historic issues and projects. Until a separate board is established, the Planning Commission will accept and schedule items of historical interest on its regular meeting agenda and act on them in ORDINANCE N0. 1532 -Page 2 accordance with this section and with the policies contained within the Historical Resources section of the City°s Comprehensive Plan. 17.70.040 Designation of Historic Buildings or Sites, A. All sites listed on Central Point°s Historic Inventory in the document entitled History of Central Point (Section V'I of the Comprehensive Plan) are considered to be of historical interest or significance and are subject to the provisions of this section unless removed from that list as provided for in Section 17.70.070 (C). B, The City Council, after recommendation by the Historic Review Board, may designate new historic buildings or sites and direct that they be included on the Historic Inventory Nlap. New designations shall be made through the following procedure: 1. Upon receipt of a request to have a particular building or site designated a sate of historical significance, the Board shall schedule a public hearing, shall advertise the hearing in a newspaper of local distribution, and shall notify the owners of all tax lots that fall within a radius of two hun- dred feet of the subject property by mail. 2. The Historic Review Board shall conduct the public hearing and provide adequate opportunity for comments from all interested persons and affected agencies.. Any written correspondence pertaining to the issue that is received prior to the time of the hearing shall also be entered into the record and considered by the Board. 3. The Board shall consider the proposal based on the five criteria listed as the "purposes/1 of this section under 17.70.010 and shall submit its recommendation to the City Council along with minutes of the meeting and any additional documentation, 4. The City Council may conduct a public hearing or choose to agree with the findings and recommendations of the Board in lieu of a public hearing. If the City Council determines that the building or site meets the review requirements set forth in Section 17.70.010, it may designate. the building or site as 1°historic11. 5. Following designation of a new building or site, City staff shall add that building or site to the City historic inventory map in accordance with the City's minor amendment procedures and schedule. 6. City designation of an historic site or structure shall not be interpreted as a recommendation for state, national or other formal recognition as a historic site or structure, 17.70.050 Exterior remodeling of a historic building. A. Before a building permit is issued for the enlargement or any exterior alteration or remodeling of any designated historic building, the application shall be subject to a site plan review in accordance with Chapter 17.72 of the City°s zoning ordinance and to be conducted by the Historic Review Board. The review will include a public hearing and if the Board determines that the pro- posed alterations constitute a significant change in the appearance of the building that may conflict with the original character or architectural style, the application may be denied. B. At least fourteen (14) days prior to the scheduled site review and public hearing, the applicant shall submit three (3) copies of plans drawn to scale and showing at least the following; 1. Architectural rendering showing the exterior appearance of the building following. the remodeling or alterations, ORDINANCE N0, ,1532 -Page 3 2. Floor plans and list of materials and specifications of work to be done. 3. Plans and photos or renderings of all exterior landscaping, light- ing (location, direction and type) and signing. C. The Board shall render a decision to grant, grant with conditions, or deny the remodeling proposal. The decision shall be based on findings that pertain to the criteria listed in 17.70.010 of this section. Failure of the Board to act and. make a decision on this request within forty-five (45) days of submittal of a complete application shall constitute approval of the plans as submitted. D. All modifications or enlargements or other exterior alterations to an historic building shall include designs, materials and finishes that are of a type that will be similar to the original design, materials or finishes, and that will enhance or preserve the historic character and value of the building. E. Plans approved shall apply until work is completed.. Any changes in approved plans shall be submitted to the City for consideration by the Board. F. The applicant may appeal a decision of the Historic Review Board to the City Council if the appeal is in writing and submitted within fifteen (15) calendar days of the Board°s decision. G. An appeal may also be made to the City Council of a Board decision by a person or persons other than the applicant if presented in the same manner as specified in item F above.. Building. permits shall not be issued during the fifteen day appeal period. 17.70.060 Demolition and condemnation of historic buildings. A. No historic building or other structure shall be demolished unless so authorized by the City Council. The applicant for the demolition of a historic structure shall submit the following items to the Gity as part of the application: 1. Names and addresses of the applicant, owners of the structure, owners of the property and other persons involved. 2. Tax lot description and map showing the location of the structure within the City. 3. A statement explaining the reason or reasons why the building is proposed for demolition. 4. Photographs of each elevation (side) of the building with the dates the photographs were taken. One copy is sufficient. B. The Historic Review Board shall schedule and conduct a public hearing to consider the request and to provide opportunities for public input.. C. The Board, in arriving at its decision, shall take into consideration at least the following criteriae 1. The present state of repair of the building and the reasonableness of estimated restoration costs. 2. The character of the neighborhood in which the structure is located and its influence on or importance to other historical structures. 3. The City°s Comprehensive Plan for the area and the importance to the community of other planned land uses. 4. Alternatives to demolition including preservation and relocation. D. The Board will submit its decision, recommendations, findings, and other supporting documentation to the City Council which eaill either, 1. Permit the building to be demolished9 or 2. Suspend issuance of permission to demolish for a fixed number of days not to exceed one hundred twenty (120) days from the date of application when it is determined that: ORDINANCE N0. 1532 Page 4 (a) It is in the best interests of preserving community histori- cal values9 and (b) There is a reasonable chance that a program or project may be undertaken which could result in public or priv~.te acquisition of the building or which could cause the building to be restored or preserved. E. The City Council, upon request, may extend the suspension period for an additional one hundred eighty (180) days if there is reason to believe that a program or project may be undertaken to save the historic structure. F. If the suspension period has elapsed and the applicant has not withdrawn the application to demolish, then the applicant may demolish the historic building in accordance .with City ordinances pertaining to demolition and public safety. G. If a historic structure for which permission has been granted for demolition has not been demolished within one year from the date permission was granted, then permission to demolish has become null and void and the applicant may request an extension of time for a period not to exceed six months from the date the permission becomes null and v®id. 17.70..070 General provisions. A. CONDEMNATION. Before the City takes any action to condemn a building or structure designated as an historic building, the Historic Review Board shall review the report of the City Council relating to the building°s condi- tion. The Board shall then provide a recommendation to the City Council prior to the Council°s final decision and action. B. RECORDS OF DEMOLISHED BUILDINGS. If a designated historic building is to be demolished, the City shall first: 1. Attempt to gather a pictorial or graphic history of the building or site with any additional data as may be available. 2. Upon permission of the owner, obtain artifacts from the building or site which it deems worthy of preservation, Such items may be submitted to the City museum, if one is established, or other appropriate location. 3. Notify persons or agencies such as Jacksonville Museum or the Southern Oregon Historical Society who may be interested in the historical sig- nificance of the building.. C. REMOVAL OF DESIGNATION. Removal of a historic site or building from the list of historic inventory of the Comprehensive Plan shall be subject to the provisions of Section 17.70.040 and shall include public hearings as required for site review. D. SIGNS AND PLAQUES. The otmer of a designated historical building or site may install or authorize the installation of an identification plaque or marker indicating the name, date, architect or other appropriate information about the property provided that the size, materials, design, location, and text of the plaque or marker is approved by the Historic Review Board. Section 2. This ordinance being. necessary for the immediate preservation of the public peace, health and safety of the City of Central Point, Oregon, due to the necessity for L.C.D.C. acknowledgement of the City°s Comprehensive Plan, second reading is waived and an emergency is hereby declared to exist. ORDINANCE N0. 1532 - Page 5 Passed by the Council and signed by me in authentication of its passage this 18th day of October 1984. Mayor ATTEST: ~~ City Representa ive Approved by me this ~~.~~day of October , 1984. \\\ t~ .-~ !'_ Mayor ORDINANCE N0. .1532 - Page 6