Chapter 2.48
HISTORIC PRESERVATION POLICY
Sections:
2.48.020 Historic Review Board—Creation.
2.48.030 Review board—Officers, meetings, rules and procedures.
2.48.040 Review board—Powers and duties.
2.48.050 Review board—Appeals.
2.48.060 Historic landmark—Alteration.
2.48.070 Historic landmark—Moving and demolition.
2.48.080 Procedure for designation of historic landmarks.
2.48.010 Definitions.
For the purposes of this chapter:
(1) “Alteration” means the addition to, removal of or from, or physical modification or repair of, any exterior part or portion of an historic landmark.
(2) “Board” means the Historic Review Board of the city.
(3) “Demolish” means raze, destroy, dismantle, deface or any other manner cause partial or total ruin of an historic landmark.
(4) “Exterior” means any portion of the outside of an historic landmark, or any addition thereto, which can be seen from a public place.
(5) “Historic landmark” means any building, structure or other physical object and its site recognized by the city to be of particular cultural, aesthetic, educational or historic significance to its citizens, such as a building, structure or physical object in which the broad cultural history of the nation, state or community is reflected or exemplified; which is identified with historic personages, or with important events in national, state or local history; which embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study for a period, style or method of construction; or a notable work of a master builder, designer or architect.
Statutory Reference: ORS Ch. 358
History: Ord. 974, §1, 1980
2.48.020 Historic Review Board—Creation.
There is created an Historic Review Board of five members. Each regular board member shall be entitled to one vote. Membership of the board shall be as follows: a representative of the Gladstone Historical Society and four citizens who have knowledge or interest in the areas of local history. The City Administrator and City Planner, or their designees, shall serve as ex officio members of the board. All regular members shall serve for a term of four years except the first appointees who shall serve for the following terms: Two regular members shall be appointed initially for two-year terms; and two regular members shall be appointed initially for four-year terms. Vacancies in office shall be filled in the same manner as original appointments and the appointee shall hold office for the remainder of the unexpired terms.
Statutory Reference: ORS Ch. 358
History: Ord. 974 §2, 1980.
2.48.030 Review board—Officers, meetings, rules and procedures.
(1) The officers of the board shall be a chairperson and vice-chairperson, selected from the regular membership by a majority vote of the entire regular membership. Officers shall serve for terms of one year or until their successors are regularly elected to take office. The chairperson shall preside over the board and shall have the right to vote. The vice-chairperson shall, in a case of absence or disability of the chairperson perform the duties of the chairperson. The board shall keep a record of all deliberations and actions, which shall be open to public inspection during regular office hours.
(2) Three members of the board, excluding ex officio members, shall constitute a quorum for the transaction of business. The concurring vote of a majority of the regular members present shall be required for approval or disapproval of any motion or other action of the board.
(3) The board shall adopt its own rules of procedure and bylaws. The city shall provide clerical and staff assistance to the board, subject to budgetary allocations.
Statutory Reference: ORS Ch. 358
History: Ord. 974 §3, 1980.
2.48.040 Review board—Powers and duties.
The board may, subject to budgetary appropriations:
(1) Review and investigate any building, structure or other physical object in the city which is under consideration as an historic landmark.
(2) Recommend to the Planning Commission and council any building, structure or other physical object which it has determined from review and investigation should be an historic landmark. The recommendation shall contain a brief written description of the building, structure or other physical object and the reasons for the recommendation.
(3) Make recommendations to the council concerning financial assistance for purposes of repair, maintenance or renovations to owners of buildings, structures and other physical objects.
(4) Take all steps necessary to preserve historic landmarks pursuant to this chapter and not in conflict with the public health, safety, general welfare and laws of the city.
(5) Institute and support such programs and projects as will make the citizens of the city and its visitors aware of its origin, development and historic significance.
(6) Enlist citizen participation and support in continuing programs designed to recognize and memorialize the history of the city.
(7) Perform such other duties relating to city history and historic landmarks as the council requires.
(8) Develop such forms and adopt such rules and regulations as are necessary or appropriate to accomplish the purposes of the historic preservation policy of the city.
(9) Have such other powers and duties as are necessary and proper under this chapter for the discharge of its powers and duties.
Statutory Reference: ORS Ch. 358
History: Ord. 974 §4, 1980.
2.48.050 Review board—Appeals.
Persons aggrieved by a decision of the board may appeal to the council upon written notice of appeal filed with the City Administrator. The notice must be filed within ten days from the decision of the board and the appeal shall state specifically wherein there was error by the board. Persons aggrieved shall be entitled to review for board error by the council after notice and public hearing. The council may affirm, reverse or modify the action of the board.
Statutory Reference: ORS Ch. 358
History: Ord. 974 §5, 1980.
2.48.060 Historic landmark—Alteration.
(1) No person may alter an historic landmark, minor and emergency repairs and maintenance excluded, in such a manner as to affect its exterior appearance, unless a permit to do so has first been obtained.
(2) Application for such a permit shall be made to the City Administrator and referred by him to the board.
(3) The board, after notice and public hearing held within sixty (60) days after receipt of the application by the City Administrator, shall approve issuance, approve issuance with conditions or disapprove issuance of the permit based upon the following criteria:
(a) The economic use of the historic landmark and the reasonableness of the proposed alteration and their relationship to the public interest in the historic landmark’s preservation or renovation;
(b) The value and significance of the historic landmark;
(c) The physical condition of the historic landmark;
(d) The general compatibility of exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used with the existing landmark; and
(e) Pertinent aesthetic factors.
(4) When considering an application for exterior alteration of an historic landmark, the board shall not consider interior alteration or arrangements except as they may threaten the continued existence of the landmark.
(5) Upon action by the board, the board’s approval or disapproval shall be transmitted to the City Administrator and the alteration permit may be issued if approved by the board and if otherwise in compliance with all applicable laws.
Statutory Reference: ORS Ch. 358
History: Ord. 974 §6, 1980.
2.48.070 Historic landmark—Moving and demolition.
(1) No person may move or demolish any historic landmark unless a permit to do so has first been obtained.
(2) Application for such a permit shall be made to the City Administrator. An application for a moving permit shall be accompanied by a report from the City Administrator or his or her designee indicating that it is technically feasible to move the landmark. The application for a moving permit shall be referred to the Historic Review Board which shall conduct a public hearing on the request for moving or demolition permit within 60 days following submission of such request to the City Administrator. Actions by the board may be made to approve, approve with conditions, deny or postpone the demolition or movement of the landmark. Decisions by the board shall include findings on the criteria as set forth as follows:
(a) Whether the historic landmark constitutes a hazard to the safety of the public or its occupants;
(b) Whether the historic landmark is a deterrent to an improvement program of substantial benefit to the City which overrides the public interest in its preservation;
(c) Whether retention of the historic landmark would cause financial hardship to the owner not outweighed by the public interest in the landmark’s preservation; and
(d) Whether retention of the historic landmark would be in the best interest of a majority of the citizens of the City, as determined by the board, and, if not, whether the historic landmark may be given alternative preservation by means of photograph, picture, item removal, written description, measured drawings, sound retention or other means of limited or special preservation.
Statutory Reference: ORS Ch. 358
History: Ord. 974 §7, 1980.
2.48.080 Procedure for designation of historic landmarks.
Before a building, structure or other physical object is recognized as an historic landmark, the City Council, upon recommendation of the Historic Review Board, shall make affirmative findings that the building, structure or other physical object merits recognition because it possesses one or more of the following criteria:
(1) Its association with historic or famous events;
(2) Its antiquity;
(3) Its unique architectural design or mode of construction because of:
(a) Its representative character of a period or style of architecture or method of construction,
(b) Its extraordinary or unusual architectural merit by reason of its design, detail, use of materials or craftsmanship, or
(c) Its identification as the work of an architect, designer or master builder whose individual work has influenced development in the nation, state or community;
(4) Its inclusion in an official register of historic places;
(5) Its relationship to the broad cultural history of the nation, state or community;
(6) Its identification with a person or persons who have significantly contributed to the history of the City; or
(7) Its identification as a unique object representing aesthetic or educational features of the community.
Statutory Reference: ORS Ch. 358
History: Ord. 974 §8, 1980.
2.48.090 Violation—Penalty.
Violation of any provision of this chapter shall be punished as a Class “A” Infraction as specified in Sections 1.08.010 through 1.08.100. In addition, the City Attorney, upon the request of the City Administrator, shall institute any necessary civil proceedings to enforce compliance with the terms of this chapter.
Statutory Reference: ORS Ch. 358