Chapter 18.20 PROPERTY ALTERATION, CONSTRUCTION, MOVING AND DEMOLITION

Unless allowed by the standards imposed under FMC 18.15.070, no person may alter an historic property unless an alteration application has been approved under this section and a permit has been obtained from the building department. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 7)

18.20.020 Preapplication conference.

Prior to submission of an alteration application, the applicant shall confer with the city staff on the requirements of this code. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 7.A)

18.20.030 Application submittal.

An alteration application shall be submitted by the applicant in a manner prescribed by the planning director. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 7.B)

18.20.040 Notice.

Within 10 days after receipt of a complete alteration application, the owner and occupants of the historic property and the owners and occupants of properties within 300 feet of the perimeter of the subject property shall be notified that an alteration application has been filed. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 7.C)

18.20.050 Decision.

Unless the applicant agrees to a longer time period, the board shall approve, approve with conditions, or deny any alteration request within 30 days after receipt of a complete application. The decision shall be in writing, and contain findings on the criteria set out below. The board shall allow the alteration if it finds that:

A. The alteration is consistent with the standards applied to the property pursuant to FMC 18.15.070.

B. Only minimal future alterations of the historic property and its site will be necessary to continue the proposed use of the property.

C. The alteration will not impair or change the essential historic form and integrity of the historic property. The distinguishing historic qualities, features or character of the historic property and its site will not be impaired or altered unless:

1. There is an immediate hazard to public safety and no alternative approach exists which would retain the features or minimize the impact of the proposed alteration;

2. There are mandatory building or handicap codes or requirements, and it is not reasonably possible to retain the historic features or minimize the impact of the proposed alteration and also to comply with those codes or requirements; or

3. The only alternative to the alteration would be demolition of the historic property.

D. The alteration will not create an earlier historic appearance which is different than the remainder of the property or which has no historic basis.

E. Distinctive stylistic features and examples of skilled craftsmanship have been retained to the greatest extent possible.

F. The alteration is compatible in design, size, arrangement, proportion, detail, scale, color, texture, material and character with the rest of the historic property and the nearby area.

G. Reasonable conditions may be imposed in granting an alteration application. Particular conditions may be imposed based on the following considerations:

1. Deteriorated architectural features should be repaired rather than replaced whenever possible. Deteriorated architectural features that cannot be repaired should be replaced with material which matches the original material in design, color, texture and other visual qualities. Whenever possible, repair or replacement of architectural features should be based on accurate duplications of features and composition of materials, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of architectural elements from other buildings or structures.

2. When surface cleaning of buildings or structures takes place, it should be undertaken with the gentlest effective means possible. Sandblasting and other abrasive cleaning methods that may damage the historic property should not be employed.

3. Every reasonable effort should be made to protect known archaeological resources affected by and adjacent to any alteration project. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 7.D)

18.20.060 Notice of decision.

The city shall mail a copy of the planning director’s decision within one day of the decision to board, owner and occupants of the proposed historic property, the applicant, and parties who have requested a copy. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 7.E)

18.20.070 Effective date of decision.

Unless appealed, the planning director’s decision is effective on the eleventh day after it is rendered. Before proceeding with an alteration, the property owner shall obtain the appropriate building permits. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 7.F)

18.20.080 Appeals.

Within 10 days of the planning director’s decision, it may be appealed to the board by the applicant, an adversely affected person, an individual board member, the board on its own motion, or a party entitled to notice. The appeal shall be on a form prescribed by the planning director and, except when filed by the board or an individual board member, shall state specifically how the planning director failed to properly evaluate the alteration request application or make a decision consistent with applicable criteria. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 7.G)

18.20.090 Action on appeals.

A. Unless the applicant and appellant agree to a longer time period, the board shall hold a hearing to allow oral argument and additional testimony on an appeal within 30 days of its receipt. At least 10 days prior to the hearing, the planning department shall mail notice thereof to the applicant, appellant, and persons who requested notice of the planning director’s decision.

B. Unless the applicant and appellant agree to a longer time period, the board shall approve, approve with conditions, or deny an alteration request within 15 days of the hearing. The decision shall be in writing and contain findings and conclusions on the alteration approval criteria set out in FMC 18.20.050. The board’s action is final and must be agreed to by a majority of the members present at the hearing. A tie board vote shall result in affirming the decision of the planning director. The planning department shall mail a copy of the decision to the applicant, appellant, and persons who requested a copy. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 7.H)

18.20.100 Alteration to noncompatible property within districts and ensembles.

Alteration to historically noncompatible property within the boundaries of an historic district or ensemble shall be governed by the following criteria instead of the standards set forth in FMC 18.20.050:

A. Design guidelines adopted by the board at the time of designation of the district or ensemble.

B. The alterations do not detract from the historic character of the district or ensemble through their design, arrangement, proportion, size, scale, detail, color, texture, and material. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 7.I)

18.20.110 Expiration of alteration approval.

An alteration approval shall terminate if: construction has not begun within 18 months after the effective date of approval; or construction is not completed within 24 months of the date it began or within 60 months for phased projects. The planning director or board may extend the commencement or completion time period if an extension request is filed prior to the termination of the applicable time period. If an approval is terminated, a new application must be submitted and approved prior to obtaining a building permit for the alteration. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 7.J)

18.20.120 Refiling of alteration applications.

When an alteration application has been denied, no application for the same or a substantially similar alteration of the historic property shall be filed within one year of the denial unless the planning director or board, whichever denied the application, allows refiling upon a showing of good cause. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 7.K)

18.20.130 Performance contract.

A. Prior to issuance of a building permit, the applicant shall execute a performance contract guaranteeing compliance with the approval conditions and adherence to the approved plans for the alteration. The performance contract shall be prepared by the city, be executed by the applicant and city, and shall bind the applicant and the applicant’s successors in interest. A memorandum of the contract shall be filed by the city in the office of the Multnomah County recorder.

B. After execution of the performance contract, the planning director or board may permit modifications to the approved alteration plans if the changes are consistent with the remainder of the approved plans and the approved conditions. Depending on the nature of the changes, they may also require a building permit. A new alteration approval is necessary for modifications that are inconsistent with the approved plans and conditions.

C. If an applicant breaches the performance contract the city may enforce the contract by any or all legal means.

D. The city shall terminate the contract and notify the Multnomah County recorder accordingly when the obligations of the performance contract have been completed, or when alteration approval is revoked because the applicant does not commence the alterations within the required time period. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 7.L)

Article II. New Construction and Major New Landscaping

18.20.140 Approval required.

No person shall construct new construction projects or major new landscaping without first obtaining approval according to the procedures specified under this section. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 8)

18.20.150 Preapplication conference.

Prior to submittal of a new construction or major new landscaping application, the applicant shall confer with the city staff on requirements of this code. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 8.A)

18.20.160 Application submittal.

Applications and related information shall be submitted by the applicant in a manner prescribed by the planning director. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 8.B)

18.20.170 Notice.

Within 10 days after receipt of a complete application, the owners and occupants of the historic property and of properties within 300 feet of the perimeter of the subject property shall be notified that an application has been filed. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 8.C)

18.20.180 Decision.

Unless the applicant agrees to a longer time period, the planning director shall approve, approve with conditions, or deny an application for new construction and/or major landscaping projects within 30 days after receipt of a complete application. The decision shall be in writing, shall be forwarded to the board, and shall be based on findings that address all the following criteria:

A. Is consistent with the reasons for the historic landmark designation as set forth in the designation decision.

B. The adverse and beneficial effects of the proposed new structure on the character of the historic property.

C. The general compatibility of the exterior design, type, arrangement, proportion, size, detail, scale, color, texture, and materials of the proposed new building, structure, object, or landscaping with the character of the historic property.

D. Development standards adopted by the board at the time of landmark designation. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 8.D)

18.20.190 Notice of decision.

The city shall mail a copy of the planning director’s decision within one day of the decision to the board, the owner, and occupants of the proposed historic property, the applicant, and parties who have requested a copy. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 8.E)

18.20.200 Effective date of the decision.

Unless appealed, the planning director’s decision is effective on the eleventh day after it is rendered. Before proceeding with the construction or landscaping, the property owner shall obtain the permits required by FMC 18.20.220 through 18.20.280. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 8.F)

18.20.210 Appeals.

Appeals shall be filed and decided in the same manner as provided by Article I of this chapter relating to alteration appeals. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 8.G)

Article III. Moving and Demolition

18.20.220 Permit required.

No person may move or demolish an historic property unless the board or council has approved an application to do so and a building permit has been obtained from the building official. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 9.A)

18.20.230 Preapplication requirements – Demolition.

Prior to submittal of an application to demolish an historic property, the owner shall endeavor to prepare an economically feasible plan for its preservation. At a minimum, the owner shall solicit purchase offers for the historic property by giving notice of sale of the property as follows:

A. Listing the property in the local newspaper at least two times;

B. Posting and maintaining a visible for sale sign on the property beginning at least 90 days before submitting an application;

C. Making a financial prospectus on the status of the property available to interested persons beginning at least 90 days before submitting an application; and

D. Listing the property in at least two preservation newspapers, websites, or magazines at least 30 days before submitting an application. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 9.B)

18.20.240 Application submittal.

An application shall be submitted in a manner prescribed by the planning director. A demolition application shall include sufficient proof that the pre-application requirements listed in FMC 18.20.230 have been completed. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 9.C)

18.20.250 Notice – Public hearing – Decision.

A. Unless the applicant agrees to a longer time period, the board shall conduct a public hearing within 45 days following receipt of a complete application. At least 10 days prior to the hearing, the city shall post a notice summarizing the application and stating the time and place of the hearing in at least three places within 300 feet of the affected property and mail this notice to the owners and occupants of the historic property, the applicant, and to the owners and occupants of property within 300 feet of the perimeter of the affected property.

B. Within 15 days following completion of the hearing, the board shall decide whether to approve or postpone the moving or demolition application. The decision of the board shall be in writing and contain findings and conclusions. The board shall approve the application unless the board finds that a postponement will likely result in preservation of the historic property or retention of the historic property at its current site. A postponement shall be for a maximum of 120 days from the time a complete application is filed. The board may consider the following in assessing the likelihood of preservation or retention:

1. The state of repair of the historic property and the financial and physical feasibility of rehabilitation, moving or leaving the property in its current state or location.

2. The effects of the moving upon the use and development of the historic property.

3. The marketability of the property and the willingness of the property owner to sell the property.

C. The city shall mail a copy of the board’s decision within one day of the decision to the owner and occupants of the historic property, the applicant, and parties who have requested a copy.

D. Unless appealed, board decisions are effective on the eleventh day after they are rendered. Before moving or demolishing an historic property, the applicant shall obtain the appropriate permits. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 9.D)

18.20.260 Record of demolished and moved historical properties.

If an historical property is to be demolished or moved, the board shall mitigate the loss by requiring the owner to produce one or more of the following: archivally sound photographs of the historic property and its site; measured architectural drawings of the historic property and its designated historic features; and additional graphic history, data, and commemorative materials. The documentation materials shall be the property of the city or its assignee. The board may also require that certain specific artifacts, architectural features, materials, or equipment be preserved. The board shall determine where the documentation is to be deposited and where any artifacts, architectural features, materials, or equipment saved from the building or structure are to be stored. The board may assign documentation and storage costs for no more than two years to the historic property owner. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 9.E)

18.20.270 Appeals.

Appeals shall be filed and decided in the same manner as provided by FMC 18.15.010 through 18.15.060 relating to designation appeals. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 9.F)

18.20.280 New location designation.

When an historic property is moved to a new location, the historic property status is automatically retained for that property at the new site unless the board, using the process required for designation, determines that landmark designation is no longer appropriate. If the property retains historic property status at the new site, the board may review and modify the development standards and designation as appropriate, using the processes required for designation. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 9.G)

18.20.290 Historic landmark – Removal of landmark designation.

A. If a historic landmark is demolished or removed, the landmark site is automatically removed from landmark status unless:

1. The landmark was part of a district or ensemble designated as an historic landmark; or

2. The site itself was designated as a significant feature of an historic landmark; or

3. Other buildings, structures, or objects on the property are historic landmarks.

B. If an historic landmark is allowed to deteriorate or be altered to the extent that it no longer meets the criteria for landmark designation, the board shall notify the owner that it will consider removal of landmark status. The process, decision-making criteria, and appeal procedures and rights shall be the same as provided by FMC 18.15.010 through 18.15.060 relating to designations. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 10)

18.20.300 Penalties.

Violations of this chapter, except FMC 18.20.290, are punishable by a fine not to exceed $500.00 for each day the violation exists. In addition, the city attorney, upon request, shall institute any necessary civil proceedings to enforce the provisions of this chapter, except FMC 18.20.290. (Ord. 1-2018 § 1 (Exh. A); Ord. 3-1990 § 11)