Chapter 14.26 – Combining Districts

Chapter 14.26 is intended to provide specific guidance for Combining Districts. There are three Combining Districts in the City of Cottage Grove: Airport Overlay District, Historic Preservation Overlay District, and the Willamette River Greenway.

These overlay districts apply standards that are in addition to those found in the base districts (Chapters 14.22 through 14.25). In the event of any conflict between any provisions of these combining districts and the primary zoning districts, the more restrictive provisions shall apply. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.100)

Airport (AO) Overlay District

14.26.200 Airport Overlay District – Purpose

The purpose of this overlay district is to encourage and support the continued operation and vitality of the Cottage Grove Airport, a public use airport with only visual approaches, by establishing compatibility and safety standards to promote air navigational safety at the airport and to reduce potential safety hazards for persons living, working or recreating near the airport. The Airport Overlay District includes all lands beneath the “airport imaginary surfaces” of the Cottage Grove Airport. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.200)

14.26.210 Airport Overlay District – Definitions

Aircraft. Includes airplanes, helicopters and unmanned aircraft systems, but not hot air balloons or ultralights.

Airport. The strip of land used for taking off and landing aircraft, together with all adjacent land used in connection with the aircraft landing or taking off from the strip of land, including but not limited to land used for existing airport uses.

Airport Direct Impact Area. The area located within 5,000 feet of an airport runway, excluding lands within the runway protection zone and approach surface.

Airport Elevation. The highest point of an airport’s usable runway, measured in feet above mean sea level.

Airport imaginary surfaces. Imaginary areas in space and on the ground that are established in relation to the airport and its runways. Imaginary areas are defined by the primary surface, runway protection zone, approach surface, horizontal surface, conical surface and transitional surface.

Airport Noise Impact Boundary. Areas located within 1,500 feet of an airport runway or within established noise contour boundaries exceeding 55 Ldn (or Yearly Day-Night Average Sound Level).

Airport Secondary Impact Area. The area located between 5,000 and 10,000 feet from an airport runway.

Airport Sponsor. The owner, manager, or other person and entity designated to represent the interests of an airport.

Approach surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.

1. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:

a. Two thousand feet for a utility runway, having a nonprecision instrument approach; or

b. Three thousand five hundred feet for a nonprecision instrument runway, other than utility, having visibility minimums greater than three-fourths statute mile; or

c. Four thousand feet for a nonprecision runway, other than utility, having visibility minimums at or below three-fourths statute mile.

2. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20 feet outward for each foot upward for all utility runways.

3. The outer width of an approach surface will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end.

Conical surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

Department of Aviation. The Oregon Department of Aviation, formerly the Aeronautics Division of the Oregon Department of Transportation.

FAA. The Federal Aviation Administration.

Height. The highest point of a structure or tree, plant or other object of natural growth, measured from mean sea level.

Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is construed by swinging arcs of five thousand feet from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is 5,000 feet.

Obstruction. Any structure or tree, plant or other object of natural growth that penetrates an imaginary surface.

Other than Utility Runway. A runway that is constructed for and intended to be used by turbine-driven aircraft or by propeller-driven aircraft exceeding 12,500 pounds gross weight.

Primary surface. A surface longitudinally centered on an airport runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. When the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is 250 feet for utility runways and 500 feet for other than utility runways.

Public Assembly Facility. A permanent or temporary structure or facility, place or activity where concentrations of people gather in reasonably close quarters for purposes such as deliberation, education, worship, shopping, employment, entertainment, recreation, sporting events, or similar activities. Public assembly facilities include, but are not limited to, schools, churches, conference or convention facilities, employment and shopping centers, arenas, athletic fields, stadiums, clubhouses, museums, and similar facilities and places, but do not include parks, golf courses or similar facilities unless used in a manner where people are concentrated in reasonably close quarters. Public assembly facilities also do not include air shows, structures or uses approved by the FAA in an adopted airport master plan, or places where people congregate for short periods of time such as parking lots or bus stops.

Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length.

Runway Protection Zone (RPZ). An area off the runway and used to enhance the protection of people and property on the ground. The RPZ is trapezoidal in shape and centered about the extended runway centerline. The inner width of the RPZ is the same as the width of the primary surface. The outer width of the RPZ is a function of the type of aircraft and specified approach visibility minimum associated with the runway end. The RPZ extends from each end of the primary surface for a horizontal distance of: 1,000.

Significant. As it relates to bird strike hazards, “significant” means a level of increased flight activity by birds across an approach surface or runway that is more than incidental or occasional, considering the existing ambient level of flight activity by birds in the vicinity.

Structure. Any constructed or erected object which requires location on the ground or is attached to something located on the ground. Structures include but are not limited to buildings, decks, fences, signs, towers, cranes, flagpoles, antennas, smokestacks, earth formations or overhead transmission lines. Structures do not include paved areas.

Transitional Surface. Those surfaces that extend upward and outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to the point of intersection with the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at a 90 degree angle to the extended runway centerline.

Utility runway. A runway that is constructed for, and intended for used by, propeller driven aircraft of 12,500 pounds maximum gross weight or less.

Visual runway. A runway intended solely for the operation of aircraft using visual approach procedures, where no straight-in instrument approach procedures or instrument designations have been approved or planned, or are indicated on an FAA-approved airport layout plan or any other FAA planning document.

Water impoundment. Includes wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds, and similar water features. A new water impoundment includes an expansion of an existing water impoundment except where such expansion was previously authorized by land use action approved prior to the effective date of this ordinance. (Ord. 3102 §§4, 5, 2019; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.210)

14.26.220 Airport Overlay District – Imaginary Surface and Noise Impact Boundary Delineation

The airport elevation, the airport noise impact boundary, and the location and dimensions of the runway, primary surface, runway protection zone, approach surface, horizontal surface, conical surface and transitional surface shall be delineated for each airport subject to this overlay zone and shall be made part of the Official Zoning Map. All lands, waters and airpspace, or portions thereof, that are located within these boundaries or surfaces shall be subject to the requirements of this overlay zone. [ORS 836.619; OAR 660-013-0040(8); OAR 660-013-0070(1); OAR 660-013-0080(1)] (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.220)

14.26.230 Airport Overlay District – Notice of Land Use and Permit Applications within Overlay Zone Area

The Department of Aviation shall be notified of all land use applications or limited land use applications in the same manner as notice is provided to property owners in Chapter 4 of this code. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.230)

14.26.240 Airport Overlay District – Height Limitations on Allowed Uses in Underlying Zone

All uses permitted by the underlying or base zone shall comply with the height limitations in this Section. When height limitations of the underlying zone are more restrictive than those of this overlay zone, the underlying zone height limitations shall control.

A. Except as provided in subsections B and C of this section, no structure or tree, plant or other object of natural growth shall penetrate an airport imaginary surface.

B. For areas within airport imaginary surfaces but outside the approach and transition surfaces, where the terrain is at higher elevations that the airport runway surfaces such that existing structures and permitted development penetrate or would penetrate the airport imaginary surfaces, a local government may authorize structures up to 35 feet in height.

C. Other height exceptions or variances may be permitted when supported in writing by the airport sponsor, the Department of Aviation and the FAA. Applications for height variances shall follow Type III Variance application procedures and shall be subject to such conditions and terms as recommended by the Department of Aviation and the FAA. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.240)

14.26.250 Airport Overlay District – Procedures

An applicant seeking a land use or limited land use approval in an area within this overlay zone shall provide the following information in addition to any other information required in the permit application:

A. A map or drawing showing the location of the property in relation to the airport imaginary surfaces. The Community Development Department shall provide the applicant with appropriate base maps upon which to locate the property.

B. Elevation profiles and a site plan, both drawn to scale, including the location and height of all existing and proposed structures, measured in feet above mean sea level.

C. If a height variance is requested, letters of support from the airport sponsor, the Department of Aviation and the FAA. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.250)

14.26.260 Airport Overlay District – Land Use Compatibility Requirements

Applications for land use or building permits for properties within the boundaries of this overlay zone shall comply with the requirements of this chapter as provided herein and with the requirements of Oregon Department of Aviation’s Airport Land Use Compatibility Guidebook.

A. Noise. Within airport noise impact boundaries, land uses shall be established consistent with the levels identified in OAR 660, Division 13, Exhibit 5. A declaration of anticipated noise levels shall be attached to any subdivision or partition approval or other land use approval or building permit affecting land within airport noise impact boundaries. In areas where the noise level is anticipated to be at or above 55 Ldn, prior to issuance of a building permit for construction of a noise sensitive land use (real property normally used for sleeping or as a school, church, hospital, public library or similar use), the permit applicant shall be required to demonstrate that a noise abatement strategy will be incorporated into the building design that will achieve an indoor noise level equal to or less than 55 Ldn.

B. Outdoor Lighting. No new or expanded industrial, commercial, residential or recreational use shall project lighting directly onto an existing runway or taxiway or into existing airport approach surfaces except where necessary for safe and convenient air travel. Lighting for these uses shall incorporate shielding in their designs to reflect light away from airport approach surfaces. No use shall imitate airport lighting or impede the ability of pilots to distinguish between airport lighting and other lighting.

C. Glare. No glare producing material, including but not limited to unpainted metal or reflective glass, shall be used on the exterior of structures located within an approach surface or on nearby lands where glare could impede a pilot’s vision.

D. Industrial Emissions. No new industrial, mining or similar use, or expansion of an existing industrial, mining or similar use, shall, as part of its regular operations, cause emissions of smoke, dust or stream that could obscure visibility within airport approach surfaces, except upon demonstration, supported by substantial evidence, that mitigation measures imposed as approval conditions will reduce the potential of safety risk or incompatibility with airport operations to an insignificant level. The review authority shall impose such conditions as necessary to ensure that the use does not obscure visibility.

E. Communications Facilities and Electrical Interference. Proposals for the location of new or expanded radio, wireless telecommunication and television transmission facilities and electrical transmission lines within this overlay zone shall be coordinated with the Department of Aviation and the FAA prior to approval.

F. Use Prohibitions in the RPZ. Notwithstanding the underlying zone, the following uses are prohibited in the RPZ.

1. New residential development.

2. Public assembly facilities.

G. Landfills. No new sanitary landfills, sewage lagoons, sewage sludge disposal facilities or similar facilities shall be permitted within 5,000 feet from any airport runway used by only piston-type aircraft or within 10,000 feet of any airport runway used by turbojet aircraft. Expansions of existing landfill or sewage treatment or disposal facilities within these distances shall be permitted only upon demonstration that the landfills are designed and will operate so as not to increase the likelihood of bird/aircraft collisions. Timely notice of any proposed expansion shall be provided to the airport sponsor, Aviation and the FAA, and any approval shall be accompanied by such conditions as are necessary to ensure that an increase in bird/aircraft collisions is not likely to result. (Ord. 3102 §§6 – 8, 2019; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.250)

14.26.270 Airport Overlay District – Water Impoundments within Approach Surfaces and Airport Direct and Secondary Impact Boundaries – Wetlands

Any use or activity that would result in the establishment or expansion of a water impoundment shall comply with the requirements of this section.

A. No new or expanded water impoundments of one-quarter acre in size or larger are permitted:

1. Within an approach surface and within 5,000 feet from the end of a runway; or

2. On land owned by the airport sponsor that is necessary for airport operations.

B. Wetland Mitigation, Enhancement or Creation. Wetland mitigation, creation, enhancement or restoration projects located within areas regulated under this section shall be allowed upon demonstration of compliance with the requirements of this section.

1. Wetland mitigation, creation, enhancement or restoration projects existing or approved on the effective date of the ordinance codified in this section and located within areas regulated under this section are recognized as lawfully existing uses.

2. To help avoid increasing safety hazards to air navigation near public use airports, the establishment of wetland mitigation banks in the vicinity of airports but outside approach surfaces and areas is encouraged.

3. Applications to expand wetland mitigation projects in existence as of the effective date of the ordinance codified in this section and new wetland mitigation projects that are proposed within areas regulated under this section shall be considered utilizing the review process applied to applications for conditional use permits and shall be permitted upon demonstration that:

a. It is not practicable to provide off-site mitigation; or

b. The affected wetlands provide unique ecological functions, such as critical habitat for threatened or endangered species or ground water discharge, and the area proposed for mitigation is located outside an approach surface.

4. Wetland mitigation permitted under subsection (B)(3) of this section shall be designed and located to avoid creating a wildlife hazard or increasing hazardous movements of birds across runways or approach surfaces.

5. Applications to create, enhance or restore wetlands that are proposed to be located within approach surfaces or within areas regulated under this section, and that would result in the creation of a new water impoundment or the expansion of an existing water impoundment, shall be considered utilizing the review process applied to applications for conditional use permits and shall be permitted upon demonstration that:

a. The affected wetlands provide unique ecological functions, such as critical habitat for threatened or endangered species or ground water discharge; and

b. The wetland creation, enhancement or restoration is designed and will be maintained in perpetuity in a manner that will not increase hazardous movements of birds feeding, watering or roosting in areas across runways or approach surfaces.

6. Proposals for new or expanded wetland mitigation, creation, enhancement or restoration projects regulated under this section shall be coordinated with the airport sponsor, the Department of Aviation, the FAA and FAA’s technical representative, the Oregon Department of Fish and Wildlife (ODFW), the Oregon Division of State Lands (DSL), the U.S. Fish and Wildlife Service (USFWS), and the U.S. Army Corps of Engineers (Corps) as part of the permit application. (Ord. 3102 §9, 2019)

14.26.280 Airport Overlay District – Nonconforming Uses

A. These regulations shall not be construed to require the removal, lowering or alteration of any structure not conforming to these regulations. These regulations shall not require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this overlay zone.

B. Notwithstanding subsection A of this section, the owner of any existing structure that has an adverse effect on air navigational safety as determined by the Department of Aviation shall install or allow the installation of obstruction markers as deemed necessary by the Department of Aviation, so that the structures become more visible to pilots.

C. No land use or limited land use approval or other permit shall be granted that would allow a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this overlay zone. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.280)

14.26.290 Airport Overlay District – Avigation Easement

Within this overlay zone, the owners of properties that are the subjects of applications for land use or limited land use decisions, for building permits for new residential, commercial, industrial, institutional or recreational buildings or structures intended for inhabitation or occupancy by humans or animals, or for expansions of such buildings or structures by the lesser of 50% or 1000 square feet, shall, as a condition of obtaining such approval or permits, dedicate an avigation easement to the airport sponsor. The avigation easement shall be in a form acceptable to the airport sponsor and shall be signed and recorded in the deed records of the County. The avigation easement shall allow unobstructed passage for aircraft and ensure safety and use of the airport for the public. Property owners or their representatives are responsible for providing the recorded instrument prior to issuance of building permits. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.290)

Historic Preservation (HP) Overlay District

14.26.300 Historic Preservation Overlay District – Purpose

The Historic Preservation Overlay District is intended to protect and encourage the continued use of historic resources. This overlay district implements the historic sites and structures element of the comprehensive plan. It includes criteria and procedures for locally significant historic resource designation, development standards for new construction within historic districts or next to locally significant historic resources, restrictions on demolition of historic buildings, and standards for alterations or additions to locally significant historic resources. (Ord. 3147 §4, 2021; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.300)

14.26.305 Historic Preservation Overlay District – Definitions

Alteration. A physical modification of the exterior of a significant historic resource and the interior of a significant historic resource identified as significant in the record of designation. Alterations do not include painting, color selection, or ordinary maintenance or repair of a significant historic resource unless such activity alters a character-defining feature.

Archaeological Object. An object that is at least 75 years old; is part of the physical record of an indigenous or other culture found in the state or waters of the state; and is material remains of past human life or activity that are of archaeological significance including, but not limited to, monuments, symbols, tools, facilities, technological by-products and dietary by-products.

Archaeological Site. A geographic locality in Oregon, including but not limited to submerged and submersible lands and the bed of the sea within the state’s jurisdiction, which contains archaeological objects and the contextual associations of the archaeological objects with each other; or biotic or geological remains or deposits. Examples of archaeological sites include but are not limited to shipwrecks, lithic quarries, house pit villages, camps, burials, lithic scatters, homesteads and town sites.

Certificate of Appropriateness. A document issued by the historic preservation officer indicating that the applicant satisfactorily met the provisions of this regulation for the preservation, rehabilitation, reconstruction, alteration, relocation, or demolition of a significant historic resource, or new construction within the designated boundary of a significant historic resource.

Character-Defining Feature(s). The visual and physical aspect(s) of a significant historic resource that convey its historic integrity and historic significance.

Demolition. Any act that destroys, removes, or relocates, in whole or part, a significant historic resource such that its historic, cultural, or architectural character and significance is lost.

District. A significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.

Eligible/Contributing. A historic resource in existence within the applicable period of significance that retains and exhibits sufficient integrity (location, design, setting, materials, workmanship, feeling, and association) to convey a sense of history. These properties strengthen the historic integrity of an existing or potential historic district.

Eligible/Significant. A historic resource in existence within the applicable period of significance that retains and exhibits sufficient integrity (location, design, setting, materials, workmanship, feeling, and association) to convey a sense of history. These properties strengthen the historic integrity of an existing or potential historic district, and are likely individually eligible for designation to the resource list.

Exceptional Significance. The quality of historic significance achieved outside the usual norms of age, association, or rarity.

Historic Context Statement. An element of the city of Cottage Grove comprehensive plan that describes the important broad patterns of historical development in the city of Cottage Grove and the region and identifies historic resources representative of the important broad patterns of historic development. The historic context statement also identifies historic resources that are representative of the important broad patterns of historical development.

Historic Integrity. The quality of wholeness of historic location, design, setting, materials, workmanship, feeling, and/or association of a historic resource.

Historic Preservation Officer. The appointed official responsible for the administration of this regulation.

Historic Preservation Plan. An element of the city of Cottage Grove comprehensive plan that contains the city’s goals and policies for historic resource preservation and the processes for creating and amending the program to protect significant historic resources.

Historic Resources. Those buildings, structures, objects, sites, or districts that potentially have a significant relationship to events or conditions of the human past.

Historic Resource Inventory. The record of buildings, structures, objects, sites, and districts recorded by the city of Cottage Grove used to identify historic resources that may be determined significant and designated to the resource list.

Historic Significance. The physical association of a building, structure, site, object, or district with historic events, trends, persons, architecture, method of construction, or that have yielded or may yield information important in prehistory or history.

Locally Significant Historic Resource. A building, structure, site, object, or district designated to the city of Cottage Grove historic resource list, in the Historic Preservation Overlay District.

National Register Resource. Buildings, structures, objects, sites, or districts listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended (PL 89-665; 16 U.S.C 470).

Noncontributing. A historic resource in existence within the applicable period of significance that does not retain or exhibit sufficient integrity (location, design, setting, materials, workmanship, feeling, and association) to convey a sense of history. These properties do not strengthen the historic integrity of an existing or potential historic district in their current condition.

Not in Period. A building, structure, object, or site that was originally constructed outside the applicable period of significance.

Object. A construction that is largely artistic in nature or is relatively small in scale and simply constructed in comparison to buildings or structures, including a fountain, sculpture, monument, milepost, etc.

Owner:

1. The owner of fee title to the property as shown in the deed records of the county where the property is located; or

2. The purchaser under a land sale contract, if there is a recorded land sale contract in force for the property; or

3. If the property is owned by the trustee of a revocable trust, the settlor of a revocable trust, except that when the trust becomes irrevocable only the trustee is the owner; and

4. Does not include individuals, partnerships, corporations or public agencies holding easements or less than fee interests (including leaseholds) of any nature; or

5. For a historic resource with multiple owners, including a district, a simple majority of owners as defined in Sections 1 through 4 of this definition.

6. For National Register resources, those individuals, partnerships, corporations or public agencies holding fee simple title to property. Owner or owners does not include individuals, partnerships, corporations or public agencies holding easements or less than fee interests (including leaseholds) of any nature.

Period of Significance. The time period, from one to several years or decades, during which a significant historic resource was associated with an important historic event(s), trend(s), person(s), architecture, or method(s) of construction.

Preservation. The act or process of applying measures necessary to sustain the existing form, integrity, and materials of a significant historic resource.

Rehabilitation. The process of returning a significant historic resource to a state of utility through repair or alteration, which makes possible a use while preserving those portions and features of the significant historic resource and its site that convey its historic significance.

Record of Designation. The official document that describes how a locally significant historic resource meets the criteria for designation to the resource list.

Relocation. Moving of a significant historic resource from its original location described in the record of designation.

Restoration. The act or process of accurately depicting the form, features, and character of a historic-contributing resource or historic-noncontributing resource as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.

Resource List. The list of locally significant historic resources adopted by city of Cottage Grove, including properties in the Historic Preservation Overlay District as important to its history and afforded the protection under this regulation.

Significant Historic Resource. A locally significant historic resource and/or a National Register resource.

Site. For historic resources, the location of a significant event, prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of any existing building, structure, or object.

Streetscape. The physical parts and aesthetic qualities of a public right-of-way, including the roadway, gutter, tree lawn, sidewalk, retaining walls, landscaping and building setback. (Ord. 3147 §4, 2021)

14.26.310 Historic Preservation Overlay District – Applicability

A. Applicability. This chapter is applicable in the following manner:

1. These regulations apply to all locally significant historic resources and properties directly adjacent to locally significant historic resources. Locally significant historic resources shall include all resources designated as historic landmarks under previous city ordinances and code provisions.

2. Any property listed on the National Register of Historic Places individually or in a district prior to February 23, 2017, is designated as a locally significant historic resource under this chapter.

3. All properties designated as locally significant historic resources shall be shown as being part of the HP Historic Preservation Overlay District on the Cottage Grove zoning map.

4. Sections 14.26.365 through 14.26.400 of this chapter apply to National Register resources listed after February 23, 2017.

5. Properties directly adjacent to an individually listed locally significant historic resource or listed as “noncontributing” within a designated historic district are subject to the design review criteria of Sections 14.26.340, Development Standards, 14.26.360, New Construction and Relocations, on Properties Adjacent to Historic Resources, and 14.26.400, Signs, only.

6. No provision of these regulations must be construed to prevent the ordinary maintenance of a significant historic resource when such action is exempt under Section 14.26.350(B)(3).

B. Standards Supersede. The standards and regulations in this chapter are in addition to all base zone district standards and regulations and, in case of any conflicts or for other preservation-related reasons, shall supersede base zone district standards and regulations. (Ord. 3147 §4, 2021; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.310)

14.26.320 Historic Preservation Overlay District – Designation of Locally Significant Historic Resources

A. Methods of Designation. There are four ways for a historic resource to become designated in the HP Overlay District as a locally significant historic resource:

1. If any historic resource within the jurisdiction of the city was officially entered into the National Register of Historic Places prior to February 23, 2017, the resource was automatically designated with an HP overlay zoning as a locally significant historic resource; or

2. A group or person may nominate the historic resource for locally significant historic resource designation through a Type III historic preservation application to be processed through the historic preservation commission; or

3. The historic preservation commission may nominate a historic resource on the historic resource inventory for designation as a locally significant historic resource through a Type III historic preservation application process; or

4. The planning commission or city council may recommend local historic resources for locally significant historic resource designation through a Type III historic preservation application.

B. Requirements for Designation. To be designated as a locally significant historic resource under subsection (A)(2) of this section, the applicant will have to show compliance with the following:

1. Owner Support. Any group or person may nominate a resource for locally significant historic resource designation; however, all nominations must include written proof that the owner or a majority of the owners of the historic resource support such designation.

2. Review Criteria. The applicant must show how the historic resource has sufficient historic integrity and historic significance to merit designation to the resource list as a locally significant historic resource using the following criteria:

a. The historic resource is located within the boundaries of the city of Cottage Grove.

b. The historic resource is over 50 years of age or is of exceptional significance, or in the case of a district, the majority of the properties are over 50 years old or have exceptional significance.

c. The historic resource possesses sufficient historic integrity to convey its significant relationship to events or conditions of the human past.

d. The historic resource has historic significance as demonstrated by meeting at least one of the following criteria:

1. Association with events that have made a significant contribution to the broad patterns of local, regional, state, or national history; and/or

2. Association with the lives of persons significant to local, regional, state, or national history; and/or

3. Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; and/or

4. Yielding, or being likely to yield information important in prehistory or history; and/or

5. Relevance within the local historic context and priorities described in the historic preservation plan when such documents exist.

e. The Commission must consider the factors described in Section 14.26.365(C) when considering designating a National Register Resource to the resource list.

C. Duration of Designation. Once adopted, the HP Historic Preservation Overlay District designation remains for the life of the resource. Demolitions, exterior alterations, additions or new construction on an HP designated site(s) shall be subject to the standards of this chapter. (Ord. 3147 §4, 2021; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.320)

14.26.330 Historic Preservation Overlay District – Allowed Uses

A. Allowed Uses from Base Zoning District. Allowed uses within the Historic Preservation Overlay District are based on those permitted by the base zoning district (see Chapters 14.22, 14.23, 14.24, and 14.25).

B. Special HP Conditional Uses. In cases where the base zoning district does not list a use as permitted for a locally significant historic resource property, the owners or their assigns may apply for a special HP conditional use permit to allow such use under the following standards:

1. The use is such that it will otherwise enable the continued preservation of the resource by allowing for a more economical return for the property.

2. The use will not interfere with the ability of the resource to meet the criteria for alterations listed in this chapter under Section 14.26.350.

3. The use will not adversely affect the character of the neighborhood and functions of other properties in the area.

C. Nonconforming Uses of Historic Resources. Nonconforming status shall not be a factor for consideration in the nomination or designation of a locally significant historic resource or its subsequent treatment. Any locally significant historic resource that is not in conformance with base zoning district standards and/or regulation shall be exempt from Chapter 14.52, Nonconforming Uses and Developments. (Ord. 3147 §4, 2021; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.330)

14.26.340 Historic Preservation Overlay District – Development Standards

A. Base Zone Standards. The development standards of the base zone (such as setbacks, lot coverage, building height, off-street parking requirements, etc.) apply to all new construction, additions or alterations within the Historic Preservation Overlay District. They shall not apply to any repair, replacement, reconstruction or restoration of historically significant or accurate features.

B. Altered Standards. Dimensional development standards may be altered for new construction, additions or alterations upon or adjacent to a locally significant historic resource through a Type III historic alteration application process if the approval body finds that the alteration would enable such development to more successfully address the review criteria of this chapter.

C. Design Guidelines. At the request of the historic preservation commission, affected property owners, the historic preservation officer, public works and development director or city council, the historic preservation officer may work with property owners within designated historic districts to draft and adopt design guidelines. Design guidelines will provide guidance for compliance with the standards in Sections 14.26.350 through 14.26.400. Design Guidelines shall be adopted through a Type IV process as an appendix to Title 14, Development Code. (Ord. 3147 §4, 2021; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.340)

14.26.350 Historic Preservation Overlay District – Alterations of Locally Significant Historic Resources

A. Purpose. The Secretary of the Interior's Standards for the Treatment of Historic Properties establish minimum requirements for the alteration of locally significant historic resources. These standards are intended to preserve the distinguishing features of historic resources while allowing needed repairs, alterations and expansions. These requirements, as stated below, may be supplemented by adopted design guidelines.

B. Applicability. This section applies to all alterations to locally significant historic resources.

1. Minor Alterations. Minor alterations such as replacing siding or windows, reroofing with different materials than existing, remodeling porches, minor additions or exterior alterations, murals, solar panels, etc. shall be processed through a Type II historic alteration review;

2. Major Remodels, Additions and New Construction. Type III permits required. Major remodels, additions or new construction shall be processed through a Type III historic alteration review. The historic preservation commission shall process all Type III applications required under this section following procedures established in Section 14.41.400.

3. Exempt Activities. The following activities are not exclusive but are illustrative of activities exempt from this section: “in-kind” repair/minor replacement of existing features where the material, dimension and finish match (examples include repair of wood siding or wood windows, roof repair, gutter installation, dry rot repair, etc.), painting of previously painted exterior surfaces, interior residential remodels, landscaping, construction of fences under seven feet in height, and construction of accessory buildings exempt from building permits under the current adopted building code.

Note: Exemption from this section does not exempt any activity from other development code or building/specialty code requirements.

4. The community development director shall determine the application type.

C. Standards. All projects that are subject to Section 14.26.310 shall meet all of the standards in subsections (C)(1) through (10) of this section. Adopted design guidelines provide guidance for compliance to these standards for all types of alterations to historic resources within designated historic districts.

1. A property must be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.

2. A property must be recognized as a physical record of its time, place, and use. Alterations that have no historic basis and which create a false sense of historical development or add conjectural features or elements shall be avoided.

3. Changes that have acquired historic significance in their own right must be retained and preserved.

4. Distinctive materials, features, finishes and construction techniques or examples of craftsman shall be preserved.

5. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.

6. Cleaning and maintenance shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.

7. New additions, exterior alterations, and adjacent or related new construction shall not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

8. New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic resource and its environment would be unimpaired.

9. Archaeological resources shall be protected and preserved in place, or if necessarily disturbed, mitigation measures shall be undertaken.

10. The Secretary of the Interior's Standards for the Treatment of Historic Properties 1992 shall serve as supplemental guidelines for alteration projects, as appropriate.

D. Additional Standards for Additions to Locally Significant Historic Resources. In addition to meeting the applicable guidelines in subsection C of this section, to approve an application for the addition to a locally significant historic resource the commission must find that the proposal meets the following design standards as applicable:

1. New additions must be subordinate to the original building, meaning lower in height, attached to the rear or set back along the side, smaller in scale, and have less architectural detail; and/or

2. Height, width, setback, roof shape, and the overall scale and massing of additions to significant historic resource must be compatible with the existing historic building(s) and, in the case of historic districts, the overall streetscape; and/or

3. Architectural details on new construction (including wood or metal trim, porches, cornices, arches, and window and door features, etc.) must be complimentary, but must not replicate historic features on surrounding historic buildings; and/or

4. Window and door opening should be similar in size and orientation (vertical to horizontal) to openings on historic buildings and should take up a similar percentage of the overall facade as those on surrounding historic buildings; and/or

5. Any applicable design guidelines adopted by the commission.

E. State Historic Preservation Office Review. Review and approval of alteration applications by the city does not substitute or remove requirements for review by the state historic preservation office when the locally significant historic resource is subject to any state or federal programs. (Ord. 3147 §4, 2021; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.350)

14.26.360 Historic Preservation Overlay District – New Construction and Relocations on Properties Adjacent to Significant Historic Resources

A. Purpose. The design and layout of new construction or relocations on properties adjacent to significant historic resources or on properties adjacent to those identified as conforming within a designated historic district can have a significant impact upon the integrity of the historic resource or district and hence shall be subject to review under this chapter.

B. Applicability. All new construction and relocations on properties directly adjacent to significant historic resources or on properties identified as conforming within a designated historic district shall be subject to design review through a Type III historic alteration permit.

C. Standards. In order to achieve the purpose of this chapter and honor, respect and support the historic preservation effort of owners of locally significant historic resources, the following design criteria, in addition to any other applicable design review criteria in Section 14.22.140 or in adopted design guidelines, shall apply to proposed activities on or adjacent to such properties:

1. New construction or relocations on properties adjacent to significant historic resources shall meet the following design standards as applicable:

a. Height, width, setback, roof shape, and the overall scale and massing of new buildings must be compatible with the existing historic building(s) and, in the case of historic districts, the overall streetscape; and/or

b. Materials on at least the primary facade(s) of new buildings must be compatible in size, shape, color, and texture to the original materials on the facades of surrounding historic buildings; and/or

c. Architectural details on new construction (including wood or metal trim, porches, cornices, arches, and window and door features, etc.) must be complimentary, but must not replicate historic features on surrounding historic buildings; and/or

d. Window and door opening should be similar in size and orientation (vertical to horizontal) to openings on historic buildings and should take up a similar percentage of the overall facade as those on surrounding historic buildings; and/or

e. The relationship of the width to the height of the principal elevations for new buildings must be in scale with the surrounding structures and streetscape. Wider new buildings can be divided into segments that more closely resemble the facade widths of historic buildings; and/or

f. The roof shape of new buildings within historic districts must be visually compatible with the surrounding structures and streetscape. Unusual roof shapes, materials, and pitches are discouraged; and/or

2. New construction or relocations within designated historic districts should follow applicable adopted design guidelines. (Ord. 3147 §4, 2021; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.360)

14.26.365 Historic Preservation Overlay District – Additional Protections for National Register Resources

The commission may adopt, amend, or remove additional protections for a National Register resource, provided the National Register resource is not the subject of a pending application for alteration, relocation, or demolition. Application of additional protections to a National Register resource must be processed as a Type III land use procedure. A National Register resource need not be designated to the resource list for additional protections to be applied.

A. National Register resources within the city of Cottage Grove may be designated to the resource list using the procedures outlined in Section 14.26.320 and made subject to the regulations of Sections 14.26.340 through 14.26.410 as a means of providing additional protections. Application of additional protections must be processed as a Type III quasi-judicial application (Section 14.41.400(G)) and subject to the specific provisions of subsections B and C of this section.

B. Additional protections must be applied to National Register resources without owner consent under the provisions of OAR 660-023-0200(8)(b).

C. The city of Cottage Grove and any person, group, or government agency may propose that a National Register resource be considered for additional protections. The process for applying additional protection is as follows:

1. The proposal for adding additional protections to a National Register resource must include the National Register nomination document and a complete list of the additional protections proposed. The historic preservation officer may establish additional standards for a complete application.

2. At a public hearing, the commission must consider all of the following factors:

a. The historic characteristics identified in the National Register nomination document; and

b. The historic significance of the resource; and

c. The relationship to the historic context statement and historic preservation plan contained in the comprehensive plan, if they exist; and

d. The goals and policies in the city of Cottage Grove comprehensive plan; and

e. The effects of the additional protection measures on the ability of significant historic resource owners to maintain and modify features of their significant historic resource; and

f. Any other relevant factors. (Ord. 3147 §4, 2021)

14.26.370 Historic Preservation Overlay District – Demolition or Relocation of Locally Significant Historic Resources and National Register Resources

A. Purpose. The purpose of this section is to encourage the retention of locally significant historic resources and National Register-designated resources on their original sites. This standard allows community members or the city time to find an alternative solution to the demolition or relocation of the significant historic resource, and gives the approval body the ability to approve, approve with conditions, delay, or deny the demolition or relocation of a significant historic resource. Demolition or relocation of historic resources erodes the historic fabric of the city of Cottage Grove and shall be denied unless adverse circumstances require such actions.

B. Applicability. This section applies to all locally significant historic resources and to all National Register-designated resources, and all features of locally significant historic resources or National Register-designated resources that contribute to the historic character of the resource, including historic buildings, historic accessory buildings, and significant historic signage. No demolition permits shall be issued for the removal of any of these features from a contributing significant historic resource without approval of a Type III historic alteration permit following the review procedures outlined in this section.

C. Review Criteria. The applicant is responsible for providing the burden of proof to justify demolition or relocation. In order to approve an application for the demolition or relocation of a designated significant historic resource or feature thereof, the approving body shall find that:

1. No prudent and feasible alternative exists;

2. The designated property is deteriorated beyond repair;

3. The value to the community of the proposed use of the property outweighs the value of retaining the designated locally significant historic resource; and

4. For relocations, the relocation site is a contextually appropriate setting for the historic resource.

5. For the demolition or relocation of a National Register resource, demolition or relocation is reviewed based upon the following factors: condition, historic integrity, age, historic significance, value to the community, economic consequences, design or construction rarity, and consistency with and consideration of other policy objectives in the acknowledged comprehensive plan.

D. Prohibited Grounds for Demolition or Relocation. The following do not constitute grounds for approval of demolition or relocation:

1. Willfully destructive or negligent acts by the owner;

2. Purchase of the property for substantially more than market value;

3. Failure to perform normal maintenance and repairs;

4. Failure to diligently solicit and retain tenants; or

5. Failure to provide normal tenant improvements.

E. Review Procedure.

1. In addition to the general submission requirements for a Type III review (Section 14.41.400), an applicant for a demolition or relocation of a historic resource permit shall attend a preapplication conference with the historic preservation officer or designee per Section 14.41.600(C) at least 120 days prior to submitting the Type III application.

At the preapplication conference, the historic preservation officer shall recommend additional information he or she deems applicable to review the request and prepare a complete staff report and recommendation to the historic preservation commission. This information may include, but is not limited to, the following:

a. Letter or narrative report documenting compliance with the applicable review criteria contained in subsection C of this section.

b. Photographic documentation, architectural drawings, and/or other graphic data and history, including history of use;

c. Evidence of attempts to advertise/notify historic societies and the community at large of the proposed demolition or relocation, including:

1. Written proof that the applicant contacted the Historic Preservation League of Oregon and the State Office of Historic Preservation about their intention to demolish or relocate a historic resource.

2. Photographic documentation that the applicant has placed conspicuous notice on site of the proposed demolition or relocation.

3. Evidence that the applicant has advertised the intention to demolish or relocate the historic resource in local, regional, and statewide newspapers of general circulation for a period of not less than once a week for eight weeks, including at least two advertisements in the Sunday Oregonian prior to application submittal.

d. Documentation of efforts to preserve and/or reuse the resource, including:

1. Listings of the property for sale or rent, price(s) asked, and offers received, if any, within the previous four years;

2. A list of property locations and owners who were contacted regarding purchase of a relocation site;

3. Evidence that the Historic Preservation League of Oregon and any other local preservation group has been given the opportunity to record the resource;

4. The amount paid for the property by the applicant, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner and the person from whom the property was purchased;

5. The current fair market value of the structure and the property as determined by an appraisal from an impartial, licensed professional;

6. Documented estimate for the cost of the proposed demolition and/or relocation by a qualified demolition or relocation contractor;

7. Statements from cost estimators or other proven professionals with documented experience in rehabilitation as to the costs of restoration, renovation and/or rehabilitation of the historic resource;

8. A restoration study of the structure, performed by a licensed architect or engineer with documented experience working with historic structures. The study should analyze the feasibility – structurally and financially – of restoration and/or rehabilitation of the structure.

e. Proposed use of site:

1. Draft plans, including site plan, elevations and floor plans, of proposed development for the site from which the resource is to be moved or demolished.

2. Information on the proposed relocation site, including photographs, aerials, and/or site plans, showing the context of the relocated building, structure or signage. Preference shall be for relocations within the same neighborhood and within the city limits.

2. The historic preservation commission shall hold a public hearing on the application in accordance with the Type III application process. Upon the close of the hearing, the commission may take the following actions:

a. Approve the issuance of a permit, when it is found that the application is in compliance with all other codes, ordinances, and policies of the city. The commission shall require the photographic, video, or drawn recordation of the property to be demolished and may require the salvage and curation of significant elements.

b. Approve the issuance of a permit, when it is found that the application is in compliance with all other codes, ordinances, and policies of the city, conditional upon submittal of plans for new construction and/or land use applications for new development.

c. Stay the issuance of a permit for a period of up to 120 days from the date of the public hearing, when it is found that in the interest of preserving historic values, the resource should not be demolished and that the community should be given more time to find an alternative to demolition.

d. Deny the demolition or relocation permit when it is found that the application is not in compliance with the criteria in subsection C of this section.

3. During any such stay of issuance as listed above, no demolition permit shall be issued and no person shall demolish, damage or neglect the designated resource.

4. Prior to the expiration of the stay of issuance period, the historic preservation commission will hold another public hearing. Upon the close of the second hearing, the commission shall take one of the following actions:

a. Approve the issuance of a permit, when it is found that:

1. The preservation project or program has not been successful; and

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

3. The application complies with the criteria in subsection C of this section and any other relevant codes and ordinances of the city.

4. The commission shall require the photographic, video, or drawn recordation of the property to be demolished and may require the salvage and curation of significant elements.

5. Approval may be conditional upon submittal of plans for new construction and/or land use application for new development.

b. Deny the demolition or relocation permit, when it is found that the application is not in compliance with the criteria in subsection C of this section.

F. Decision Process. The decision process for a historic demolition or relocation permit shall follow the decision process for Type III quasi-judicial applications (Section 14.41.400(G)) as modified by the review procedure above. A Type III decision may be appealed to the city council.

G. Approval Period. Demolition or relocation approvals shall be effective for a period of one year from the final date of approval.

H. Extension. The historic preservation officer shall, upon written request by the applicant, grant a written extension of the approval period not to exceed six months; provided, that:

1. The applicant can show intent to initiate construction/development on the site within the six-month extension period;

2. There have been no changes to the applicable code provisions on which the approval was based. If there have been changes to the applicable code provisions and the expired plan does not comply with those changes, then the extension shall not be granted; in this case, a new demolition or relocation permit application shall be required; and

3. The applicant demonstrates that failure to demolish or relocate the structure and begin redevelopment within one year as specified above was beyond the applicant’s control. (Ord. 3147 §4, 2021; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.370)

14.26.375 Historic Preservation Overlay District – Preservation of Archaeological Resources

The following provisions apply to the preservation of archaeological resources under Oregon state law:

A. Archaeological resources must be protected and preserved in place subject to the requirements of federal, state, and local regulations, including the guidelines administered by the Oregon State Historic Preservation Office and ORS 358.905 through 358.962.

B. A person may not excavate, injure, destroy or alter an archaeological site or object or remove an archaeological object located on public or private lands unless that activity is authorized by a permit issued under ORS 390.235. A violation of this subsection is a misdemeanor. (Ord. 3147 §4, 2021)

14.26.380 Historic Preservation Overlay District – Removal of Significant Historic Resources from the Resource List

A public hearing before the commission following the decision process for Type III quasi-judicial applications (Section 14.41.400(G)) and a certificate of appropriateness signed by the historic preservation officer must be required to remove a significant historic resource from the resource list.

A. A National Register resource must first be removed from the National Register of Historic Places before an owner may apply for the National Register resource to be removed from the resource list.

B. An application to remove a significant historic resource from the resource list must not be considered for one year after the date of decision for the denial of an application for the relocation or demolition of the same locally significant historic resource under Section 14.26.370.

C. Any individual or group, including the commission acting on its own initiative, may initiate the removal of a significant historic resource by submitting a complete application to the historic preservation officer. The historic preservation officer may establish standards for a complete application.

D. Standards. In order to approve an application for the removal of a locally significant historic resource from the resource list the commission must find the following:

1. The locally significant historic resource has lost the qualities for which it was originally recognized; and/or

2. Additional information shows that the locally significant historic resource no longer satisfies the criteria for recognition or did not satisfy the criteria for recognition at time of listing; and/or

3. The building official declares that the locally significant historic resource poses a clear and immediate hazard to public safety and must be demolished to abate the unsafe condition; and/or

4. The designation of the property to the resource list was imposed on the property at the time of designation and:

a. The owner has retained ownership since the time of the designation; and

b. The owner can demonstrate that the owner objected to the designation on the public record; or

c. Was not provided an opportunity to object to the designation; and

d. The owner requests in writing that the local government remove the property from the resource list.

E. Significant historic resources destroyed by flood, fire, or other natural or accidental act or demolished under the provisions of this regulation and meeting the definition of “demolished” as defined in these regulations may be removed from the resource list by the historic preservation officer. Notice of this action and written and photographic evidence documenting the demolition of the significant historic resource must be provided to the commission at the next regular meeting. This same documentation must be provided to the State Historic Preservation Office. If a significant historic resource that has been demolished within the meaning of this chapter is also listed in the National Register, it is the property owner's responsibility to notify the keeper of the National Register and undertake the process of removal from the National Register.

F. Upon removing a significant historic resource from the resource list, the historic preservation officer must complete a certificate of appropriateness announcing the removal, the criteria under which the removal was approved, and the historic significance of the property. The property will then be removed from the Historic Preservation Overlay District.

G. A significant historic resource removed from the resource list under the provisions of this section must not be subject to the regulations of this chapter. (Ord. 3147 §4, 2021)

14.26.390 Historic Preservation Overlay District – Building Code Considerations

Alterations that require a building permit shall conform to the requirements of the State Structural Specialty Code, except that, upon review and authorization of the city building official, alternative standards, such as those found in the Uniform Code for Building Conservation, may be applied when their application shall:

A. Promote the objectives and standards of the criteria for alterations of this chapter; and

B. Result in conditions that are no more hazardous to life, safety, fire safety and sanitation than those in existence prior to alteration. (Ord. 3147 §4, 2021; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 2.6.390)

14.26.400 Historic Preservation Overlay District – Signs

A. Applicability. Sign permits for locally significant historic resources shall be required and shall be subject to historic preservation officer approval. A Type II application process shall be used for sign permit review for all signs in the Downtown Historic District and/or on a locally significant historic resource property. The historic preservation officer may at his discretion process a sign permit for a significant building and/or sign as a Type III application. The historic preservation commission shall comment on all sign permits.

B. Sign Standards. All signs placed upon locally significant historic resources shall conform to the sign regulations of the base zoning district and Chapter 14.38, Signs, except that sign type, design and materials shall be compatible with the historical character of the resource and/or comparable signs that previously existed on the resource itself during its historic period of significance. All signs shall be applied to the resource in a manner that minimizes harm to its historic material to the greatest extent possible. The city of Cottage Grove Downtown Historic Design Guidelines shall be used to guide the design of signs in the Downtown Historic District.

C. Historically Significant Signs. Any sign designated as a significant historic resource by virtue of its own merit under one or more of the criteria listed in this chapter is exempt from any sign and/or nonconforming lot and use regulations of this title, with the exception of the criteria for alterations listed in this chapter under Section 14.26.350. The historic preservation officer may process and approve, approve with conditions, or deny application for designation of historic signs at the request of the owner under a Type II application process. The historic preservation commission shall comment on all applications for historic sign designation. (Ord. 3147 §4, 2021; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 14.26.380)