Chapter 18.15
HISTORIC LANDMARK DESIGNATION
Sections:
18.15.010 Initiation of process.
18.15.020 Notice – Public hearing – Decision.
18.15.050 Modifications to certain regulations.
18.15.070 Historic landmark standards – Contents and recordation.
18.15.010 Initiation of process.
The historic landmark designation process may be initiated by the board, the council, or an owner of a proposed historic landmark. Any other person may initiate an historic landmark designation process if the proposed historic landmark is not the subject of a pending application for a building, moving, demolition or other development permit and if a supporting petition signed by 20 residents of the city is submitted with the application. A person may initiate the designation process by submitting an application in a manner prescribed by the planning director and paying the fee set by the city. In the case of an historic district, ensemble, or thematic group designation, privately initiated requests must be submitted by the owners of at least one-third of the privately owned property in the area sought to be designated. For purposes of this section, “owner” means the legal owner of record, or where there is a recorded land sale contract which is in force, the purchaser thereunder. If there is multiple ownership in a parcel of land, each consenting owner shall be counted as a fraction to the same extent as the interest of the owner in land bears in relation to the interests of the other owners. (Ord. 3-1990 § 5.A)
18.15.020 Notice – Public hearing – Decision.
A. Within 45 days of initiation by the city or the receipt of a complete application, unless the owner of the property agrees to a longer time period, the board shall conduct a public hearing to consider the proposed historic landmark designation. At least 10 days prior to the hearing, the planning department shall mail a written notice of the hearing and nature of the application to the owner and occupants of the proposed historic landmark, the applicant, and to property owners and occupants within 300 feet of the perimeter of the proposed landmark. At least 10 days prior to the hearing, an announcement of the hearing and nature of the application shall also be published at least once in the local newspaper.
B. Within 15 days of completion of the hearing, the board shall decide whether to designate the property, structure, landscape feature, object or site as an historic landmark. The board shall not designate a district, ensemble or thematic group if more than half of the owners of privately owned property in the area sought to be designated file written objections to the proposed designation. The decision of the board shall be in writing and contain findings and conclusions on the integrity, historic significance, and the conflicting use determinations set out below. Any decision to designate shall include development standards as provided in FMC 18.15.070. The board shall designate the property, structure, landscape feature, object or site as an historic landmark if it finds that:
1. The proposed historic landmark has integrity of location, design, setting, materials or workmanship;
2. The proposed historic landmark has historic significance; and
3. The value of preserving the property, structure, object or site as an historic landmark outweighs the value of using the property, structure, landscape feature, object or site for the identified conflicting use, taking into consideration the economic, social, environmental and energy consequences of each alternative. If the owner of the proposed historic landmark supports the designation there is a rebuttable presumption that the value of preservation outweighs the value of using the proposed historic landmark for the identified conflicting use.
C. In determining whether the proposed historic landmark has integrity of location, design setting, materials or workmanship, the board shall consider whether:
1. The property is in its original setting and remains essentially as originally constructed or fabricated;
2. Sufficient original workmanship and material remain to show the construction technique and stylistic character of a given period;
3. The immediate setting of the property retains the planting scheme, plant materials or land uses of the relevant historic period or the landscaping is consistent with that period;
4. The property contributes materially to the architectural continuity or scheme of the street or neighborhood.
D. In order to determine that the proposed historic landmark has historic significance, the board must find that the proposed historic landmark meets one or more of the following criteria:
1. Is associated with events that have made a significant contribution to the broad patterns of history. This association must be direct and the event or activities must have significantly affected past social behavior, historic trends or community, state or national development;
2. Is associated with the life of a person significant in the past. The proposed landmark, through length of occupancy or coincidence of term of occupancy, must be the place most importantly associated with a person or persons significant in local, state, or national history;
3. Embodies the distinctive characteristics of a type, period or method of construction that was used in the past. The property may be a prime example of a stylistic or structural type of construction or design, or representative of a rare type or a type which once was common and which, due to attrition, is among the few examples remaining locally or in the state;
4. Represents the work of a master, i.e., is a noteworthy example of the work of a craftsman, builder, architect, or engineer significant in local, state or national history;
5. Possesses high artistic values in its workmanship and materials;
6. Yields, or may be likely to yield, information important in prehistory or history,
7. Is listed on the National Register of Historic Places.
A significant and distinguishable entity under any of the above criteria may be designated even if its components lack individual distinction.
E. Identified conflicting uses for a proposed historic landmark shall be the actual use planned for the property by its owner or owners. In the absence of a development proposal, the identified conflicting use is the highest and best generic use (i.e. commercial, industrial, high-density residential, etc.) of the property, as improved with the most intensive development and structures allowed by the currently applicable zoning and comprehensive plan designation. “Highest and best use” means reasonable and probable uses that are physically possible and financially feasible that support the highest present value of the land.
F. Interior features of a nonresidential historic landmark may also be designated if the board finds that the feature:
1. Is in a building or structure that is normally open to the public; and
2. Is physically attached to the building or structure so as to become a part of the building or structure; and
3. Meets the integrity and historic significance criteria set out in subsection (B)(2) of this section.
G. A copy of the board’s decision shall be mailed to the owner and occupants of the proposed historic landmark, the applicant, and parties who have requested a copy within one day of the decision. Unless appealed, the board’s decision is effective on the eleventh day after it is rendered. (Ord. 3-1990 § 5.B)
18.15.030 Appeals.
Within 10 days of the board’s decision, the decision may be appealed to the council by the owner, applicant, an adversely affected person, a person who submitted oral or written testimony to the board, or a party entitled to notice under FMC 18.15.020(A). The appeal shall be on a form prescribed by the planning director, shall be based on the record, and shall state specifically how the board erred in its decision or decision-making. (Ord. 3-1990 § 5.C)
18.15.040 Action on appeals.
A. Unless the applicant and appellant agree to a longer time period, the council shall hold a public hearing to allow oral argument on an appeal within 40 days of its receipt. At least 10 days prior to the hearing, the city shall mail notice thereof to the applicant, appellant, owner, persons who submitted oral or written testimony to the board, and persons who requested notice of the board’s decision.
B. Unless the applicant and appellant agree to a longer time period, the council shall make a decision within 15 days of the hearing. The council may, by order and findings and conclusions therein, affirm, reverse, or modify in whole or in part, any decision or determination of the board. The council shall reverse or modify the decision of the board if it finds that the board failed to follow the procedures applicable to the matter before it in a manner that prejudiced the substantial rights of the appellant, made a decision not supported by substantial evidence in the whole record or improperly construed the applicable law. A copy of the decision shall be mailed to the applicant, owner, appellant, and persons who requested a copy. (Ord. 3-1990 § 5.D)
18.15.050 Modifications to certain regulations.
The board or council may modify regulations pertaining to signs, fence and wall provisions, general provisions regarding height, yards, area, lot width, frontage, depth, coverage, number of off-street parking spaces required, and regulations prescribing setbacks, in the final order designating historic landmark status if the modifications:
A. Are necessary to preserve the historic character, appearance or integrity of the proposed historic landmark; and
B. Are in accordance with the purposes of zoning and sign regulations. (Ord. 3-1990 § 5.E)
18.15.060 Reapplication.
When an application for historic landmark status has been denied, no new application for the same purpose shall be filed within one year of the date of that denial unless the board or council, whichever was responsible for denial, grants permission upon a showing of good cause. (Ord. 3-1990 § 5.F)
18.15.070 Historic landmark standards – Contents and recordation.
The board or council shall prescribe standards intended to preserve or enhance the unique characteristics of the proposed historic landmark in its final order designating historic landmark status. Standards prescribed shall include all the following:
A. A development section setting forth specific standards to be applied to exterior and interior alterations and new construction not otherwise addressed in FMC 18.15.010 through 18.15.060, or Chapter 18.20, Articles I or II.
B. A maintenance section setting forth the extent and types of repair and maintenance that may be undertaken without first obtaining an alteration permit.
C. A code modifications section based on the requirements in FMC 18.15.010 through 18.15.060 pertaining to modification of certain regulations and specifically listing what modifications to zoning and sign development code regulations are to be applied to the proposed historic landmark.
The city shall file a memorandum of the standards with the Multnomah County recorder. (Ord. 3-1990 § 6)