Chapter 2.35 Historic Review Board (HRB)

The City of Brownsville hereby establishes the Brownsville Historic Review Board (hereafter, the “HRB”). The HRB shall consist of five members to be appointed by the Mayor. Two members of the committee may be nonresidents if they are qualified in architectural review or historic preservation. HRB members shall receive no compensation. [Ord. 617 § 1, 1993; 1981 Compilation § 1-6.1.]

2.35.020 Terms of office – Vacancies.

At the first meeting of the HRB, the five members shall choose their term of office by lots as follows: one for one year, two for two years, and two for three years. Immediately thereafter, the members shall notify the Mayor and Council in writing of such allotment. Members shall hold office for three years. Any vacancy shall be filled by the Mayor for the unexpired portion of the term, after advertising in local newspapers and the posting of public notice. Re-appointment is allowed. [Ord. 617 § 2, 1993; 1981 Compilation § 1-6.2.]

2.35.030 Removal from office.

Appointments to fill vacancies shall be for the remainder of the unexpired term. A member may be removed by the City Council, after hearing, for misconduct or nonperformance of duty. A member who is absent for three consecutive, regular monthly meetings without the permission of the HRB Chairperson is rebuttably presumed to be in nonperformance of duty, and the City Council shall declare the position vacant unless finding otherwise following the hearing. [Ord. 617 § 3, 1993; 1981 Compilation § 1-6.3.]

2.35.040 Vested interest.

No more than two voting members of the HRB may engage principally in the buying, selling or developing of real estate for profit as individuals, or be members of any partnership, or officers or employees of any corporation, that engages principally in the buying, selling or developing of real estate for profit. No more than two members shall be engaged in the same kind of occupation, business, trade or profession. [Ord. 617 § 4, 1993; 1981 Compilation § 1-6.4.]

2.35.050 Quorum – Meetings.

Three members of the HRB shall constitute a quorum. The members may make and alter rules and regulations for its government and procedures consistent with the laws of this state and with the City Charter and ordinances. It shall meet at least once a month at such times and places as may be fixed by the HRB. Special meetings may be called at any time by the chair or by three members by written notice served upon each member and posted at City Hall, the City library and the post office, at least 24 hours before the time of the proposed meeting. [Ord. 617 § 5, 1993; 1981 Compilation § 1-6.5.]

2.35.060 Officers.

The HRB, at its first meeting of each calendar year, shall elect a Chair and Vice Chair who shall hold office during the course of the year. [Ord. 617 § 6, 1993; 1981 Compilation § 1-6.6.]

2.35.070 Records.

The HRB shall elect a Secretary, who need not be a member. The Secretary shall keep an accurate record of all HRB proceedings. The HRB shall, on October 1st of each year, make and file a report of all its transactions with the City Council and the Planning Commission. [Ord. 617 § 7, 1993; 1981 Compilation § 1-6.7.]

2.35.080 Powers and duties.

The HRB shall have all the powers and duties which are now or which are hereafter granted to it by ordinances of this City or by the general laws of the state of Oregon and the United States of America. [Ord. 617 § 8, 1993; 1981 Compilation § 1-6.8.]

2.35.090 Conflict of interest.

Members shall be required to vote on all matters before the HRB which require a decision unless a member has a direct personal or pecuniary interest in said matter. When such an apparent or potential conflict of interest arises, the affected member shall disqualify himself from discussion or voting on the matter and shall not be considered as being present for the purpose of determining whether a majority vote has been cast.

A member of the HRB shall not participate in any committee proceeding or action in which any of the following has a direct or substantial financial interest: the member or their spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any business in which they are then serving or have served within the previous two years, or any business with which they are negotiating for or have an arrangement or understanding concerning prospective partnership or employment. [Ord. 617 § 9, 1993; 1981 Compilation § 1-6.9.]

2.35.100 Responsibilities.

The responsibilities of the HRB are to:

A. Identify and map all historic and prehistoric structures, objects and sites in the City, urban growth boundary and planning area.

B. Prepare written reports and photograph each structure, object and site. Reports shall include as much information as can be generated on each structure, site and object. Photographs shall cover all points of interest of the structure, site and object.

C. Work with any outside consultant contracted by the City for the purpose of developing historic or prehistoric information.

D. Investigate methods and funding sources to safely enhance, improve and highlight all structures, objects and sites and make information available to the public through educational means.

E. Provide guidance, when requested, as to the procedures for placement of structures and sites on the federal and state historic registers, and provide assistance to property owners, upon request, concerning proper techniques for restoration and alteration of historic structures.

F. Make recommendations to the Planning Commission to establish and maintain an “Historic Resources Inventory.”

G. Assist in developing criteria and standards for administrative review of alterations to historically significant structures included on the Historic Resources Inventory.

H. Establish compatible styles which respect the historic character prevalent in Old Town, a commercial area with an historic motif. Compatible styles shall be based on the exterior elements of the existing historic architecture which is present in the older buildings in Old Town; such exterior elements include:

1. Building height.

2. Window size, design and location.

3. Building materials.

4. Siting of the structure on the property.

5. Architectural details.

6. Review all proposals for new development located in the area identified as Old Town and forward a recommendation in writing to the Brownsville Planning Commission. If the proposal does not meet the established compatible style, then the committee shall suggest changes to help the proposal comply with the desired style. [Ord. 617 § 10, 1993; 1981 Compilation § 1-6.10.]

Article II. Historic Resources Inventory

2.35.110 Establishment of an Historic Resources Inventory.

To comply with the state Land Conservation and Development Commission (LCDC) Goal 5, “Open Spaces, Scenic and Historic Areas, and Natural Resources,” the City shall establish an Historic Resources Inventory (HRI).

A. The City Council shall adopt and maintain the HRI, by separate resolution, only after the owners of record of all properties to be considered have been individually notified of the time and place of the hearing and have been given an opportunity to comment.

B. The Historic Resources Inventory shall include structures, sites, and objects that are determined to be historically significant upon review and ranking of all potentially significant sites, objects and structures in the City.

C. A request for deletion of any site, structure or object from the HRI shall be considered a land use decision which must be consistent with statewide planning goals and shall require notice to LCDC. [Ord. 617 § 11, 1993; 1981 Compilation § 1-6.11.]

2.35.120 Planning Commission hearing.

A. The HRB shall submit to the Planning Commission information pertaining to any site, structure or object they believe warrants review for possible inclusion on or deletion from the HRI. A statement of significance for each site, structure or object being proposed shall be included, as well as all available photographs and historical background. The Planning Commission shall hold a public hearing to review the information submitted by the HRB and to receive public testimony.

1. Notice of a public hearing before the Planning Commission shall be published at least twice in a newspaper of general circulation, not less than five days or more than 25 days prior to the scheduled hearing date. Notice shall also be mailed to owners of record of all property to be considered for inclusion on the HRI, the State Historic Preservation Office and LCDC no less than 20 days prior to the hearing.

B. The Planning Commission shall consider a structure, site or object for inclusion on or deletion from the HRI based on the following criteria:

1. It is included in the National Register of Historic Places; or

2. It retains physical integrity in original design, condition, and setting, and is characterized by any one of the following:

a. It exemplifies or reflects special elements of the City’s cultural, social, economic, political, aesthetic, engineering, or architectural history; or

b. It is identified with persons or events significant in local, state, or national history; or

c. It embodies distinctive characteristics of a style, type, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or

d. It is representative of the notable work of a builder, designer, or architect; or

e. It is an open waterway of historical interest and significance to the community.

C. The Planning Commission shall adopt findings of fact and make a recommendation to the City Council based on their review of the above criteria with consideration being given to the following:

1. The potential positive and negative effects and financial impacts, if any, which designation of the proposed landmark would have on the property owner, residents or other land owners in the neighborhood.

2. The desires of the owners of property with respect to its inclusion on the HRI.

3. The age of the proposed site, structure or object alone shall not be sufficient grounds for designation. [Ord. 617 § 12, 1993; 1981 Compilation § 1-6.12.]

2.35.130 Final hearing.

A. The Planning Commission’s recommendations and findings shall be forwarded to the City Council for a final public hearing.

1. Notice of a public hearing before the City Council shall be published at least twice in a newspaper of general circulation, not less than five days or more than 25 days prior to the scheduled hearing date. Notice shall also be mailed to owners of record of all property to be considered for inclusion on the HRI no less than 20 days prior to the hearing.

B. The Council will receive public testimony and review the Planning Commission’s recommendations and findings and adopt a statement of significance for any site, structure or object judged to be historically significant and voted by a majority of the Council present at the hearing to be included in the HRI. Findings in favor of removing a site, structure or object from the HRI shall be adopted by a majority vote of the Council present at the hearing if it is determined that the site, structure or object is no longer historically significant. [Ord. 617 § 13, 1993; 1981 Compilation § 1-6.13.]

2.35.140 Notification procedures.

Within 10 days of the final hearing, the owner of record of any site, structure or object placed on the HRI shall be notified in writing by certified mail of that decision. [Ord. 617 § 14, 1993; 1981 Compilation § 1-6.14.]

Article III. Alteration of Historic Structures

2.35.150 Alteration requirements.

Any exterior alteration to a structure listed as being historically significant on the Brownsville Historic Resources Inventory and requiring a building permit shall be reviewed by the City Administrator using the standards contained herein. A determination of compliance with these standards must be made prior to the building permit being issued. [Ord. 617 § 15, 1993; 1981 Compilation § 1-6.15.]

2.35.160 Application process.

Application for permit approval shall be made to the City Administrator. The application shall include proposed site plans, elevations, materials, textures, and other information deemed necessary by the City Administrator to determine the appropriateness of the alterations of the designated historic structure. [Ord. 617 § 16, 1993; 1981 Compilation § 1-6.16.]

2.35.170 Review standards for alterations.

Alterations meeting the following standards shall be approved and shall be documented by written findings:

A. The proposed alteration duplicates or restores the affected exterior features and materials as determined from historic photographs, original building plans, or other evidence of original features or materials.

B. The proposed alteration results in new siding, roofing, or foundation skirting which matches materials used on the structure or is typical in terms of material and texture for the style of the structure.

C. The proposed alteration results in the replacement of gutters and downspouts, or the addition of gutters and downspouts, using materials that match or appear to match those typically used on similar style buildings, and blend inconspicuously with the building.

D. The proposed alteration results in a new foundation that does not significantly raise or lower the building elevation, provided the foundation materials and/or craftsmanship do not detract from the historical and architectural significance of the structure.

E. The proposed alteration results in the application of storm windows made with wood, bronze or flat finished anodized aluminum, or baked enamel frames which complement or match the color, detail and proportions of the building.

F. The proposed alteration results in replacement of existing sashes with new sashes, when using material which is consistent with the original historic material and appearance.

G. The proposed alteration results in modifications to the porch which imitate or restore railings, posts, steps, and skirting which were typically used in Brownsville on structures of similar style.

H. The proposed alteration results in the installation of permanent air conditioning or heating facilities including solar panels which do not result in the destruction or removal of original architectural features. If possible, facilities should be located in such a manner that they are not readily visible from the public right-of-way, excluding alleys.

I. The proposed alteration results in new awnings, architectural detail or signage which were typically used in Brownsville on structures of similar style. [Ord. 617 § 17, 1993; 1981 Compilation § 1-6.17.]

2.35.180 Review standards for additions.

To best preserve the historic integrity of the structure, additions shall:

A. Be placed to the rear or side-rear of the building.

B. Be no taller than the original structure.

C. Incorporate siding, window, door trim, and roof details (overhang, eaves) that resemble those of the original building as closely as possible.

D. Have a roof slope the same or lower than the original when building a one-story addition on a two-story house, but no lower than 4:12. The roof of a same-height addition should tie into the original roof in some manner. [Ord. 617 § 18, 1993; 1981 Compilation § 1-6.18.]

2.35.190 Procedures for appeal.

If the City Administrator denies a building permit based on a finding of noncompliance with the standards listed herein, the applicant may appeal the Administrator’s decision to the City Council. The appeal will be placed on the Council agenda within 45 days of receipt of a written request for an appeal. The City Administrator will forward a copy of the plans and the subsequent findings to the HRB for review. The HRB shall submit a written recommendation containing suggestions to bring the proposal into compliance to the City Administrator within 30 days. The HRB recommendation will be forwarded to the City Council and shall be included as testimony in the appeal. [Ord. 617 § 19, 1993; 1981 Compilation § 1-6.19.]

Article IV. Demolition of Historic Structures

2.35.200 Demolition permits for historic structures.

Requests for demolition permits for any structure listed on the Brownsville Historic Resources Inventory as being historically significant shall be submitted to the City Administrator. Within five working days, the Administrator shall submit the request to the HRB and the State Historic Preservation Office (SHPO) for review. The Planning Commission shall hold a public hearing within 45 days of receipt of the request, to review the request and the responses by the HRB and SHPO, and to hear public testimony concerning the request. The Planning Commission may approve, approve with conditions or deny the request, based on the following criteria:

A. Is the building or structure of such interest or significance that it could be listed on the National Register of Historic Places?

B. Is the building of such old and unusual or uncommon design, texture and/or material that it could not be reproduced or reproduced only with great difficulty and/or expense?

C. Would retention of the building or structure help preserve and protect an historically significant place or area of the community?

D. Is the building or portion thereof in such condition that it is unfeasible to preserve or restore it, taking into consideration the economic feasibility of alternatives to the proposal? [Ord. 617 § 20, 1993; 1981 Compilation § 1-6.20.]

2.35.210 Postponement of final action.

The Planning Commission may postpone taking final action on a request for issuance of a demolition permit for a period fixed by them as follows:

A. No more than 60 days following the date of the public hearing. Further postponements may be made for a period not to exceed a total of 30 days, if the Commission makes the following findings:

1. There is a program or project underway that could result in public or private acquisition and subsequent preservation of the structure; and

2. There are reasonable grounds for believing the program or project may be successful.

B. During a period of postponement, the Planning Commission may require the property owner to:

1. List the structure for sale with a real estate agent or advertise the landmark in local and state newspapers of general circulation in the area for a minimum of 10 days over a five-week period.

2. Give public notice by posting the hearing notice on-site in addition to a “For Sale” sign which shall read:

HISTORIC STRUCTURE TO BE DEMOLISHED – FOR SALE.

Lettering on the sign shall be at least one foot in height. The sign shall be provided by the applicant and posted in a prominent and conspicuous place within 10 feet of a public street abutting the premises on which the structure is located. The applicant is responsible for assuring the sign is posted for the period during which the property is listed as provided under subsection (A) of this section.

3. Prepare and provide to the City Administrator any information related to the history and sale of the property. The Administrator shall make available such information to all individuals, organizations and agencies who inquire.

If the Planning Commission finds an owner has failed to substantially comply with the required provisions under this subsection, the request for demolition shall be denied.

C. After granting a further postponement, the Planning Commission shall order the Administrator to issue the permit if it finds:

1. All programs or projects to save the resource have been unsuccessful;

2. The application for demolition has not been withdrawn; and

3. The application otherwise complies with City ordinances and state law. [Ord. 617 § 21, 1993; 1981 Compilation § 1-6.21.]

2.35.220 Exception.

If 50 percent or more of the resource is destroyed due to fire, flood, wind or other natural or man-caused disaster, a demolition permit may be approved by the City Administrator without processing the request as set forth in this chapter. [Ord. 617 § 22, 1993; 1981 Compilation § 1-6.22.]

2.35.230 Appeals.

A decision by the Planning Commission to approve, deny or postpone issuance of a demolition permit or to grant a further postponement may be appealed to the City Council by any aggrieved party who appeared orally or in writing, in person or through an agent at the Public Hearing and presented or submitted testimony related to the request. An appeal shall be filed with the Administrator within 10 days from the date of the public hearing regarding the matter on forms provided by the Administrator. [Ord. 617 § 23, 1993; 1981 Compilation § 1-6.23.]

2.35.240 Council-ordered demolition.

This chapter shall not be construed to make it unlawful for any person to comply with an order by the City Council to remove or demolish any structure determined by the Council to be dangerous to life, health or property. [Ord. 617 § 24, 1993; 1981 Compilation § 1-6.24.]

Article V. Administration, Enforcement and Interpretation

2.35.250 Administration.

The City Administrator shall have the power and duty to enforce the provisions of this chapter. An appeal from a ruling of the administrator shall be made to the City Council. [Ord. 617 § 25, 1993; 1981 Compilation § 1-6.25.]

2.35.260 Interpretation.

The provisions of this chapter shall be held to be the minimum requirements fulfilling its objectives. Where the conditions imposed by any other provisions of this chapter or of any other ordinance, resolution or regulation differ, the provisions which are more restrictive shall govern. [Ord. 617 § 26, 1993; 1981 Compilation § 1-6.26.]