Chapter 17.349
CULTURAL RESOURCES
Sections:
17.349.020 General provisions.
17.349.030 Development, alteration, or demolition of cultural resources.
17.349.040 Permit requirement.
17.349.080 Maintenance and repair.
17.349.010 Purpose.
The recognition, protection, enhancement, recovery, and adaptive use of cultural resources embodying Coos Bay’s historical heritage can improve civic identity and add cultural and educational enrichment. The purpose of the following regulations is to: identify as early as possible and resolve conflicts between the preservation of cultural resources and alternative land uses; promote the continued use of historic buildings without detrimentally affecting their significance; enhance the visual character of the city by encouraging the renovation of historic structures; foster public appreciation and a sense of community identity based on the beauty and heritage of the city; and protect and enhance the city’s attraction to residents, tourists, and visitors. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.010].
17.349.020 General provisions.
Any property identified as a cultural resource shall not be developed, altered, remodeled, relocated, or demolished if this activity will detrimentally affect the significance of the resource. Determination of a site’s significance and consideration of the proposed changes against the site’s cultural value shall be made in accordance with the provisions of this chapter. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.020].
17.349.030 Development, alteration, or demolition of cultural resources.
(1) General. This section establishes the procedure to determine the site’s significance and to weigh potential conflicts between conservation and alteration or removal before approval of any such activity.
(2) Application. Prior to the issuance of any general or specific development permit, the property owner or authorized agent shall provide the department, as applicable:
(a) Property legal description.
(b) Plans or drawings showing the property and existing building dimensions and the character or details of the exterior, structural alterations (including additions), and, if a demolition is planned, the proposed use of the site.
(c) Statement explaining why the resource should or should not be preserved or protected. Supporting evidence from a qualified resource specialist is encouraged.
(d) If a demolition is proposed, a statement from the State Historic Preservation Office relating to the resource’s value and a structural survey by the building official.
(e) If an archaeological site will be disturbed, proof that the Coos, Siuslaw, and Lower Umpqua Tribal Council and the State Historic Preservation Office have been notified and given the opportunity to respond.
(3) Exception. A cultural resource permit shall not be required of a certified cultural resource if:
(a) The owner or agent has received a special assessment for historic properties from the State Historic Preservation Office; and
(b) The approval of special assessment includes a review of the proposed development, alteration, or remodel.
To be eligible for this exception, the owner or agent shall submit plans for the work and documentation that these plans have received state approval. If a development or building permit is issued for the work, the city shall assure that the work is completed in conformance with the state-approved plan. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.030].
17.349.040 Permit requirement.
The review authority shall consider designation, development, alteration, or demolition of a cultural resource with authorization of a land use permit. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.040].
17.349.050 Decision.
The review authority shall approve, conditionally approve, or deny an application after adopting findings of fact based on substantial evidence in the record.
(1) Cultural Resource Value. The review authority must make findings to support at least one of the following conclusions:
(a) The resource exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, engineering, or architectural history; or
(b) The resource is identified with persons or events significant in local, state, or national history; or
(c) The resource is representative of the notable work of a builder, designer, or architect; or
(d) The resource embodies distinctive characteristics of a style, type, period, or method of construction or is valuable as an example of the use of indigenous materials or craftsmanship.
(2) Development, Alteration, or Relocation of a Structure. The review authority must make findings to support the conclusion that the proposal is compatible with the character and value of the resource. Applicable criteria include:
(a) Building coverage and height;
(b) Yards;
(c) Predominant architectural features and fixtures, appurtenances, or detailing;
(d) Building materials; and
(e) Visual characteristics, such as paint color and surface texture, grading, surface paving, and landscaping.
(3) Demolition of a Structure or Disturbance of an Archaeological Resource. Prior to issuance of a permit to demolish a structure or disturb a resource, the review authority must make findings to support all of the following conclusions:
(a) All feasible and prudent alternatives to the proposed activity have been explored;
(b) Whether it is feasible to maintain or preserve the resource; and
(c) The proposed use is compatible with the zoning and current use of the land and its immediate surroundings. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.050].
17.349.060 Waiting period.
If a demolition or disturbance to an historic or archaeological site is proposed, the review authority may impose a waiting period up to 120 days to enable the applicant to seek other alternatives. If the demolition of a structure is proposed, the alternatives shall include but not be limited to:
(1) Public or private acquisition and restoration;
(2) Sale of the premises to a party capable of maintaining, restoring, or relocating the resource; and
(3) Salvage of Significant Features. If a disturbance to an archaeological site is proposed, or a previously unknown or unrecorded archaeological site is encountered during the development, the alternatives shall include but not be limited to:
(a) Clustering development to avoid disturbing the resource;
(b) Designing the development so that the sensitive resource area is used for non-impacting activities, such as storage, parking, or open space;
(c) If permitted pursuant to the requirements of state law, contracting with a qualified archaeologist to excavate the site and remove any cultural objects and human remains, reinterring the human remains in accordance with the wishes of Tribal Council; and
(d) Using civic means to ensure adequate protection of the resources such as acquisition of easements, public dedications, or transfer of title.
(4) At the end of the waiting period, the review authority shall reconsider evidence that alternatives were pursued in good faith and shall evaluate this information against the decision criteria in CBDC 17.349.050. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.060].
17.349.070 Conditions.
The review authority may impose other conditions deemed to be necessary to ensure the value of the resource will be protected. These conditions shall be stated in terms that are specific and measurable so the applicant is fully aware of the intent and justification of the condition and how and when implementation is to be accomplished.
(1) These conditions may include those specified in Chapter 17.347 CBDC, Conditional Uses.
(2) File a pictorial or graphic record of the structure with the department prior to alteration or demolition. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.070].
17.349.080 Maintenance and repair.
Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material, or external appearance. This chapter shall not prevent the construction, reconstruction, alteration, restoration, demolition or removal of any feature if the building official certifies to the commission that the action is required for public safety by CBMC Title 15. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.372.080].