Chapter 15.344
HISTORIC LANDMARKS (H) SUBDISTRICT
Sections:
15.344.015 Historic preservation commission review.
15.344.020 Landmark designation.
15.344.030 Alteration, new construction, demolitions.
15.344.040 Exceptions for economic hardship.
15.344.050 General administration.
15.344.010 Purpose.
The purpose of the H overlay zone is to:
A. Safeguard the historic landmarks, buildings and sites representing significant elements of Newberg history;
B. Promote the historic, educational, cultural, economic and general welfare of the public through the preservation, restoration and protection of these buildings, structures, sites, and objects of historic interest within the city;
C. Foster civic pride in the accomplishments of the past;
D. Protect and enhance the city’s attractions to tourists and visitors;
E. Carry out the provisions of the Land Conservation and Development Commission Goal 5. [Ord. 2764 § 1 (Exh. A § 4), 10-7-13; Ord. 2451, 12-2-96. Code 2001 § 151.490.]
15.344.015 Historic preservation commission review.
The historic preservation commission shall review applications for landmark designation, alteration, new construction, and demolition requiring Type III review as outlined in this chapter. In conducting a Type III review, the commission shall have all powers and duties of the planning commission. The notice, review, and appeal provisions of this code that apply to Type III planning commission reviews shall apply equally to Type III historic preservation commission review. In cases where an application requires both historic preservation commission and planning commission review, such as for a modification to a landmark for a conditional use, the two commissions may hold a combined hearing. However, the two commissions shall make separate decisions. [Ord. 2764 § 1 (Exh. A § 4), 10-7-13.]
15.344.020 Landmark designation.
A. Institution of Proceedings. The owner(s) of record may initiate the proceedings for designation of a historic landmark. Initiation of an application by a property owner is voluntary and landmark designation may not occur without an owner’s consent. Applications for designation shall be made available by the director. No fee shall be charged for the application.
B. Application Information. The following information shall be provided for designation or modification of a historic landmark:
1. Site plan indicating the existing and/or proposed building or buildings.
2. Architectural elevations or pictures of the structure and, if appropriate, elevations of any proposed additions or revisions.
3. Information regarding the age and historic character of the landmark. Where available, information indicating its association with historic events, former residents or users of the landmark, and the period or style of the landmark.
C. Designation Procedure Type III. Designation of an (H) historic landmarks subdistrict will be treated as a zoning map amendment and shall be processed under the Type III procedure. The designation of a site-specific historic landmark shall be processed under a Type III procedure and reviewed by the historic preservation commission. Sites or buildings identified as historic landmarks shall be subject to this chapter.
D. Designation Criteria. If the building, structure, site, or object is currently listed in the National Register of Historic Places of the United States of America, the property or properties shall be designated as a local landmark. In addition, landmarks shall include those buildings, structures, sites, or objects which have been identified as landmarks in the historic resources element of the comprehensive plan. The following criteria will be used by the historic preservation commission and city council in considering other properties:
1. The evaluation criteria used in the 1990 historic resources evaluation shall be considered. Any or all of the criteria may be satisfied for designation:
a. The landmark is associated with natural history, historic people, or with important events in national, state or local history. The age of a specific building shall be considered but shall not be deemed sufficient in itself to warrant designation as a significant historic resource.
b. The landmark embodies distinguishing characteristics of architectural specimens inherently valuable for a study of a period, style, or method of construction.
c. The landmark is a notable work of a master builder, designer or architect, or the structure represents a rarity of type, style, or design in the community.
d. The landmark retains a high degree of original design, crafting, materials, and original site features.
e. The landmark contributes to the immediate environment and the character of the neighborhood or city.
2. The proposed landmark will serve the purpose of this section as stated in NMC 15.344.010.
3. The economic, social, environmental, and energy consequences of conflicting uses shall be considered.
E. Designation Removal. Request for removal of a historic landmark designation may be made by the property owner and shall follow the same procedures as required for inclusion by this code. The historic preservation commission is not obligated to remove a historic landmark designation if the landmark still meets the criteria contained in subsection (D) of this section. If a historic landmark designation is removed from the register, the historic preservation commission or city council is authorized to require that all city fees that were waived during the time period that the landmark was designated be repaid to the city prior to the landmark designation being removed. [Ord. 2764 § 1 (Exh. A § 4), 10-7-13; Ord. 2451, 12-2-96. Code 2001 § 151.491.]
15.344.030 Alteration, new construction, demolitions.
A. Exterior Alterations.
1. Application Process. Application for permit approval shall be made to the director. The application shall include site plans, floor plans, elevations, materials, textures, and other information deemed necessary by the director to determine the appropriateness of the alterations of the designated landmark.
2. Director Review of Minor Alterations Type I.
a. The director shall approve minor alteration requests through the Type I procedure if there is no significant change in appearance, or in original material integrity, from the existing structure or site. The director’s approval may include conditions to ensure compatibility. Minor alterations meeting the following standards shall be approved and shall be documented by written findings:
i. The proposed alteration duplicates or restores the affected exterior features and materials as determined from historic photographs, original building plans, or other evidence of original features or materials;
ii. The proposed alteration results in new siding, roofing, or foundation skirting which matches materials used on the structure or is typical in terms of material and texture for the style of the landmark;
iii. The proposed alteration results in the replacement of gutters and downspouts, or the addition of gutters and downspouts, using materials that match or appear to match those typically used on similar-style buildings;
iv. The proposed alteration results in a new foundation that does not raise or lower the building elevation, provided the foundation materials and/or craftsmanship do not contribute to the historical and architectural significance of the landmark;
v. The proposed alteration results in the application of storm windows made with wood, bronze or flat-finished anodized aluminum, or baked enamel frames which complement or match the color detail and proportions of the building;
vi. The proposed alteration results in replacement of existing sashes with new sashes, when using material which is consistent with the original historic material and appearance;
vii. The proposed alteration results in modifications to the porch which imitate or restore railings, posts, steps, and skirting which were typical for the style of the landmark;
viii. The proposed alteration results in construction of a wood fence in the front yard which was typical for the style of the landmark. Solid wood fences shall be permitted along side and rear property boundaries;
ix. The proposed alteration results in the installation of permanent air conditioning or heating facilities, including solar panels, which do not result in the destruction or removal of original architectural features. If possible, facilities should be located in such a manner that they are not readily visible from the public right-of-way, excluding alleys;
x. The proposed alteration results in new awnings or signage which were typical for the style of the landmark.
b. The historic preservation commission may develop additional standards to guide the director in determining what constitutes a significant change.
3. Historic Preservation Commission Review Criteria and Guidelines Type III. Excluding routine maintenance and minor alterations subject to director review, requests to alter a designated landmark in such a manner as to affect its exterior appearance shall be reviewed for permit approval by the historic preservation commission using the Type III procedure. The historic preservation commission, in considering applications for permit approval for any alteration, shall base their decision on substantial compliance with the following criteria and guidelines:
a. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. Specific design elements which must be addressed include:
i. Average Setback. When a new structure is being constructed on an infill lot, the front yard setback shall be the same as the buildings on either side. When the front setbacks of the adjacent buildings are different, the front setback of the new structure shall be an average of the two.
ii. Architectural Elements. The design shall incorporate architectural elements of the city’s historic styles, including Queen Anne, colonial revival, Dutch colonial revival, and bungalow styles. Ideally, the architectural elements should reflect and/or be compatible with the style of other nearby historic structures. Typical design elements which should be considered include, but are not limited to, “crippled hip” roofs, Palladian-style windows, roof eave brackets, roof dormers, and decorative trim boards.
iii. Building Orientation. The main entrance of the new structure shall be oriented to the street. Construction of a porch is encouraged but not required. Such a porch shall be at least six feet in depth.
iv. Vehicle Parking/Storage. Garages and carports shall be set back from the front facade of the primary structure and shall relate to the primary structure in terms of design and building materials.
v. Fences. Fences shall be built of materials which are compatible with the design and materials used in the primary structure.
b. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
c. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
d. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved to the extent possible.
e. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall reasonably match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
f. Chemical or physical treatments, such as sandblasting, that cause extensive damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
g. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
h. New additions, exterior alterations, or related new construction shall not destroy the historic character of the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
i. 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 property and its environment would be unimpaired.
B. New Construction Type III Review Criteria.
1. Review Required. If an application is made to build a new building on a landmark site, the historic preservation commission shall review the request through the Type III procedure to assure the plans are compatible with any existing landmark structures on the site. No new structure or major public improvement shall be constructed without review pursuant to the following criteria.
2. Review Criteria. Designs shall be compatible with any existing landmark structures on the site in terms of size, scale, material and character. Contemporary designs shall not be discouraged when they do not destroy significant historical, architectural, or cultural material. Review criteria shall include consideration of the guidelines listed in subsection (A)(3) of this section.
C. Demolition and Moving Review.
1. Building Director Review Type I. The building director shall issue a permit for moving or demolition if any of the following conditions exist:
a. The building is not a designated landmark. If the landmark is pending review under NMC 15.344.020, no permit shall be issued; and/or
b. The landmark has been damaged beyond reasonable repair through fire, flood, wind or other acts of God, vandalism, or neglect, and poses an immediate threat to public safety. For any demolition or moving which does not comply with the above criteria, it shall be referred to the historic preservation commission under the Type III procedure.
2. Historic Preservation Commission Review Process Type III. The process and public notice for review of a demolition permit shall be conducted under the Type III procedure. Unless extended by mutual consent of the applicant and the historic preservation commission, the historic preservation commission shall complete any review within 45 days of the date the city received a complete application, with the intent that the historic preservation commission and applicant seek alternatives such as sale, salvage, relocation or donation to historic or interested groups, not simply to delay the demolition or moving.
3. Review Criteria. In reviewing an application for a demolition permit or moving permit, the commission shall consider the purpose of this chapter as stated in NMC 15.344.010 and the criteria used in the original designation of the landmark as stated in NMC 15.344.020(D).
D. City Council Review of Dangerous Structures. The city council may order the removal or demolition of any structure determined to be dangerous to life, health, or property.
E. Documentation. In the event of the demolition or moving of a landmark, building, structure, site or object, the history of such landmark shall be documented and kept on file with the city. [Ord. 2764 § 1 (Exh. A § 4), 10-7-13; Ord. 2505, 2-1-99; Ord. 2451, 12-2-96. Code 2001 § 151.492.]
15.344.040 Exceptions for economic hardship.
A. When the applicant has demonstrated an economic hardship as a result of the provisions of this code, the commission or city council may relax the requirements of the ordinance, provided the relaxation is consistent with the purpose of this chapter as stated in NMC 15.344.010. Any relaxation of requirements shall be the minimum necessary to alleviate the economic hardship. In determining whether an exception due to economic hardship is justified, the commission or city council shall consider the following factors:
1. Estimated cost of rehabilitation;
2. Estimated market value of property in current condition and after proposed construction;
3. Potential income from property if income-producing;
4. Any other economic information deemed relevant to the decision; and
5. Economic, social, environmental, and energy consequences of the exception.
B. The applicant shall provide adequate documentation to justify an economic hardship. The information shall be provided on a form available from the director. [Ord. 2764 § 1 (Exh. A § 4), 10-7-13; Ord. 2451, 12-2-96. Code 2001 § 151.493.]
15.344.050 General administration.
A. Signs. One sign no larger than 200 square inches is permitted in addition to other permitted signs.
B. Maintenance. Nothing in this code shall be construed to prevent the ordinary maintenance or repair of any exterior architectural features which does not involve a change in design, material or the outward appearance of such feature, nor to prevent the construction, reconstruction, alteration or demolition of such feature which the city’s building director shall certify is required by the city’s building and development codes. Maintenance and repair actions include, but are not limited to:
1. Repair of siding, roofing, foundations, and gutters or downspouts when required due to deterioration, with materials that match the original materials or are in character with materials typically used on similar-style buildings;
2. Painting and related preparation;
3. Water quality protection actions;
4. Installation of air conditioners, provided the units are removable and no architectural alterations are necessary;
5. Site maintenance such as pruning, landscaping maintenance, brush clearing and removal of debris;
6. Temporary removals of roofs or other access obstructions for purposes of repair or maintenance of interior components of industrial or power generation facilities. [Ord. 2764 § 1 (Exh. A § 4), 10-7-13; Ord. 2521, 11-15-99; Ord. 2499, 11-2-98; Ord. 2451, 12-2-96. Code 2001 § 151.494.]