Chapter 3.5
HISTORIC LANDMARKS
Sections:
3.5.200 Historic landmark commission.
3.5.300 Historic resources inventory.
3.5.400 Local historic districts.
3.5.500 Designated landmarks register.
3.5.600 Historic design review.
3.5.700 Historic relocations and demolitions.
3.5.100 Purpose.
The city recognizes that certain significant historic resources located within its boundaries contribute to the unique character of the community and are irreplaceable, and as such, merit preservation. This chapter establishes an historic landmark commission; a program for the identification, evaluation, and designation of historic resources as landmarks; and a process for assisting in the perpetuation of these resources through review of alteration, moving or demolition of designated historic landmarks which have statewide or national significance. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
3.5.200 Historic landmark commission.
A. The mayor and city council shall appoint a five-member historic landmark commission (“commission”) with a demonstrated interest, competence, or knowledge in historic preservation to carry out the provisions of this chapter. The membership criteria, term of service, election of officers, number of frequency of meetings, staff support for the commission, and roles and responsibilities of the commission are as provided in the ordinance codified in this title.
B. A simple majority of the seated members of the commission shall constitute a quorum to conduct official business.
C. In the event that the historic landmark commission is unable to reach a quorum due to the lack of interested or qualified members, the historic landmark commission shall make recommendations regarding the alteration, moving or demolition of designated historic landmarks and the Silverton planning commission shall make the decision following the Type III process.
D. Employing the procedures and criteria in SDC 3.5.300, the commission shall periodically identify, evaluate, and re-evaluate the historic resources of the city and maintain an accurate Historic Resources Inventory.
E. Employing the procedures and criteria in SDC 3.5.500, the commission shall periodically revise the designated landmarks register of the city by adding or deleting properties.
F. Employing the procedures and criteria in SDC 3.5.500 and 3.5.700, the commission shall review and act upon applications for the alteration, relocation, or demolition of properties listed on the Designated Landmarks Register.
G. The commission shall advise and make policy recommendations to the Silverton city council on matters relating to historic preservation.
H. Nothing in the above section shall conflict or supersede with the duties and responsibilities assigned to the Silverton planning commission. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
3.5.300 Historic resources inventory.
A. The commission shall determine and periodically revise priorities for the identification and evaluation of historic resources.
B. The commission shall use State Historic Preservation Office standards for evaluating historic resources. The system shall rank surveyed historic resources as historic contributing or nonhistoric contributing, and eligible, potentially eligible, or ineligible for listing on the National Registry of Historic Places. Owners of surveyed properties will be notified of these findings.
C. Documentation of properties in the Historic Resources Inventory shall be on forms compatible with property survey standards established by the State Historic Preservation Office.
D. Documentation of properties in the Historic Resources Inventory is an administrative function of the community development department that does not require a land use decision.
E. Alterations or new construction proposed for a property listed on the Historic Resources Inventory are not subject to the regulations of SDC 3.5.600 and 3.5.700 unless the property is also listed on the National Register of Historic Places. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
3.5.400 Local historic districts.
A. Any individual or group, including the commission acting on its own initiative, may nominate a defined geographical area as a local historic district by submitting a complete application to the commission.
B. The historic landmarks commission shall review a request for the creation of a local historic district and make a recommendation to city council for the approval or denial of the proposed district. City council shall establish or abolish a local historic district by the enactment of an ordinance.
C. Documentation of properties within a proposed local historic district shall be on forms compatible with property survey standards established by the State Historic Preservation Office.
D. At least 55 percent of properties within a proposed local historic district shall be identified as historic contributing properties using State Historic Preservation standards.
E. Properties identified as historic contributing within approved local historic districts shall be listed on the Historic Resources Inventory.
F. The alteration, moving, or demolition of a property located within a designated local historic district is not subject to the regulations of SDC 3.5.600 and 3.5.700 unless that property is also listed on the National Registry of Historic Places. (Ord. 10-02 Exh. A § B, 2010)
3.5.500 Designated landmarks register.
A. Properties listed on the National Register of Historic Places, including all properties within National Register Historic District boundaries, shall be automatically listed on the Designated Landmarks Register. As Historic Resources of Statewide or National Significance, all such properties shall be subject to the regulations in SDC 3.5.600 and 3.5.700. Only properties listed on the Designated Landmarks Register shall be eligible for tax incentives and grants administered by the State Historic Preservation Office.
B. Any individual or group, including the commission acting on its own initiative, may nominate a historic resource for inclusion on or removal from the Designated Landmarks Register by submitting a complete application to the commission. The burden of proof lies with the applicant. No individual property shall be so designated without the written consent of the owner. In the case of multiple ownership, no property shall be so designated if a majority of the owners oppose the designation.
C. The commission shall establish standards for a complete application. Upon acceptance of a complete application, the commission shall review the application using a Type III procedure under SDC 4.1.400.
D. In order to be included or maintained on the Designated Landmarks Register, the commission must find that the historic resource is over 50 years of age or of extraordinary historic importance, and possess sufficient historic integrity, and:
1. Is associated with events that have made a significant contribution to the broad patterns of local, state, or national history; or
2. Is associated with the lives of persons, or groups of people, significant in local, state, or national history; or
3. Embodies the distinctive characteristics of an architectural type, style, period, or method of construction or that represents the work of a master, or that possesses high artistic values, or that represents a significant and distinguishable entity whose components may lack individual distinction; or
4. Has yielded or is likely to yield information which is important in local, state, or national history.
E. The commission shall develop findings to support its decisions. These findings shall indicate those elements of a property, including interior landscape, architecture, and archaeological features, that are included in the designation. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 3.5.400)
3.5.600 Historic design review.
A. Alterations or new construction located on a property listed on the designated landmarks register are subject to historic design review unless exempted by subsection (B) of this section.
B. Exempt from Historic Design Review. The following activities shall be exempt from historic design review:
1. Normal repair and maintenance other than change of facade color where exterior material or color is specifically listed in the National Register nomination as an attribute that contributes to the resource’s historic value;
2. Changes that do not require a building permit, design review permit, sign permit, or other permit from the city and that will not alter the exterior material of a historic resource;
3. Changes of exterior paint color unless the exterior color was specifically listed in the National Register of Historic Places nomination as an attribute that contributes to the resource’s historic value; or
4. Changes in landscaping unless the landscaping is identified in the National Register of Historic Places nomination as an attribute that contributes to the resource’s historic value;
5. Parking lot landscaping that meets the standards of Chapter 3.2 SDC and does not involve the installation of a wall or fence;
C. The following activities shall require staff-level historic design review through a Type I (subsections (C)(1) through (4) of this section) or Type II (subsections (C)(5) through (7) of this section) procedure (SDC 4.1.200 and 4.1.300), as applicable:
1. Exterior alterations or renovations to elevation(s) facing an interior or rear property line or that are not otherwise visible from the adjacent public right(s)-of-way.
2. Additions to the building that are not visible from the public right(s)-of-way and do not change the building footprint, height, volume or massing as seen from the adjacent public right(s)-of-way.
3. Restoration of historic features using materials and techniques that are similar to those used in the original construction or that will substantially replicate the original when such materials or techniques are not available.
4. In-kind replacement of doors, windows, siding and other architectural features that are visible from the adjacent public right(s)-of-way.
5. Uncovered or covered rear deck additions not visible from the adjacent public right(s)-of-way.
6. Construction of a detached accessory structure with 460 square feet or less of floor area when the accessory structure is at least 40 feet from a front property line.
7. Installation of new or replacement awnings.
D. The following activities shall require historic design review through a Type III procedure (SDC 4.1.400). A public hearing before the historic landmark commission is required for:
1. Exterior alterations, renovations, or additions to elevation(s) facing a public right(s)-of-way or that are visible from the public right(s)-of-way that result in an increase in building footprint, height, volume, or massing.
2. Construction of a new building(s) or placement of a relocated structure(s) on an historic site.
3. Restoration of historic features using materials and techniques that are dissimilar to those used in the original construction or that will substantially deviate from the original construction in terms of style, design, or character.
4. Changes of exterior paint color from a paint color that was specifically listed in the National Register nomination as an attribute that contributes to the resource’s historic value.
5. Relocation of a historic building.
6. Public art.
7. Covered or uncovered rear deck additions that are visible from the adjacent public right(s)-of-way.
8. Construction of a detached accessory structure with greater than 460 square feet of area or when the accessory structure is less than 40 feet from a front property line.
E. At a minimum an application for historic design review shall include:
1. Materials as required for design review under Chapter 4.2 SDC.
2. Documentation from the historic resources inventory.
3. Narrative description of proposed alteration to the historic resource.
4. Other materials as deemed necessary by the community development director to assist in historic design review.
F. Upon acceptance of a complete application staff shall process the request through a Type I or Type II procedure (SDC 4.1.200 or 4.1.300) or schedule a public hearing before the landmark commission pursuant to SDC 4.1.400.
G. Where an application requires design review under Chapter 4.2 SDC (e.g., modification to a nonhistoric parking lot) and historic design review by the landmark commission (e.g., modification to an historic structure), the commission may serve as the reviewing body for both requests. Alternatively, separate hearings before the planning commission and landmark commission may be required, with the landmark commission’s review limited to historic elements of the project. The community development director shall have discretion in determining the applicable reviewing body based on the size and scope of the project, and consistent with the criteria in Chapters 3.5 and 4.2 SDC.
H. The burden of proof lies with the applicant. Applications for historic design review may be approved, approved with conditions, or denied. Conditions imposed by the landmarks commission are binding on all permits issued pursuant to city codes.
I. In general, a proposed alteration or new construction shall either:
1. Cause the property listed on the designated landmarks register to more closely approximate the original historic design or style, appearance, or material composition of the historic resource; or
2. Be compatible with the historic characteristics of the property listed on the designated landmarks register based on a consideration of the historic design or style, appearance, or material composition of the historic resource.
J. In order to approve historic design review applications, the reviewing body shall consider the following criteria:
1. Facades. Characteristic architectural features, such as balconies, porches, bay windows, dormers, or trim details on main facades shall be retained, restored, or designed to complement the primary structure and any existing surrounding comparable historic resources. Particular attention should be paid to those facades facing street rights-of-way. Architectural elements inconsistent with the property’s existing building design or style shall be avoided.
2. Building Materials. Building materials shall be reflective of, and complementary to, those found on the existing Designated Landmarks Register property and existing surrounding comparable historic resources. Siding materials of vertical board, plywood, cement stucco, aluminum, exposed concrete block, and vinyl shall be avoided unless documented as being consistent with the original design or style of the property.
3. Architectural Details. Retention and repair of existing character-defining elements of a structure, such as molding or trim, brackets, columns, cladding, ornamentation, and other finishing details and their design or style, materials, and dimensions, shall be considered by the property owner prior to replacement. Replacements for existing architectural elements or proposed new architectural elements shall be consistent with the resource’s design or style. If any previously existing architectural elements are restored, such features shall be consistent with the documented building design or style. Conjectural architectural details shall not be applied.
4. Scale and Proportion. The size and proportions of the alteration or new construction shall be compatible with existing structures on the site, if proposed to remain, and with any surrounding comparable structures. Additions or new construction shall generally be smaller than the impacted designated historic resource, if proposed to remain. In rare instances where an addition or new construction is proposed to be larger than the original historic resource, it shall be designed such that no single element is visually larger than the original resource, if proposed to remain, or any existing surrounding comparable historic resources.
5. Height. To the extent possible, the height of the alteration or new construction shall not exceed that of the existing historic resource, if proposed to remain, and any existing surrounding comparable historic resources. However, second story additions are allowed, provided they are consistent with the height standards of the underlying zoning designation and other chapters of this code, and provided they are consistent with the other review criteria contained herein.
6. Roof Shape. New roofs shall match the pitch and shape of the original historic structure if proposed to remain, or any existing surrounding compatible historic resources.
7. Pattern of Window and Door Openings. To the extent possible window and door openings shall be compatible with the original features of the existing historic resource, if proposed to remain, in form (size, proportion, detailing), materials, type, pattern, and placement of openings.
8. Building Orientation. Building orientation shall be compatible with existing development patterns on the Designated Landmarks Register property, if proposed to remain, and any existing surrounding comparable historic properties. In general, alteration or new construction shall be sited so that the impact to primary facade(s) of the historic structure proposed to remain is minimized.
9. Site Development. To the extent practicable, given other applicable development standards, such as standards in this code for building coverage, setbacks, landscaping, sidewalk and street tree locations, the alteration or new construction shall maintain existing site development patterns, if proposed to remain.
10. Accessory Development/Structures. Accessory structures development such as exterior lighting, walls, fences, awnings, and landscaping that are associated with an alteration or new construction shall be visually compatible with the architectural design or style of the existing Designated Landmarks Register property, if proposed to remain, and any surrounding comparable historic properties.
11. Garages. Garages, including doors, shall be compatible with the site’s primary structure, if proposed to remain, based on factors that include design or style, roof pitch and shape, architectural details, location and orientation, and building materials. The design or style of alteration or new construction involving an existing or new garage, visible from public rights-of-way or private street rights-of-way, shall also be compatible with the design or style of other surrounding comparable historic properties.
12. Chemical or Physical Treatments. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.
13. Differentiation. An alteration or new construction shall be differentiated from the portions of the site’s existing historic resource. However, it shall also be compatible with the historic resource’s significant materials, design or style elements, features, size, scale, proportion, and massing. Therefore, the differentiation may be subtle and may be accomplished with variations in wall or roof alignment, offsets, roof pitch, or roof height. Alternatively, differentiation may be accomplished by a visual change in surface, such as a molding strip or other element that acts as an interface between the original resource and the alteration or new construction. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 3.5.500)
3.5.700 Historic relocations and demolitions.
A. Applications for the relocation or demolition of a designated landmark or historic resource of statewide significance shall be considered in a public hearing by the landmark commission following a Type III procedure (SDC 4.1.400). In order for the commission to approve the relocation or demolition, it must find that:
1. No prudent and feasible alternative exists; or
2. The designated property is deteriorated beyond repair; or
3. The value to the community of the proposed use of the property outweighs the value of retaining the designated landmark or historic resource of statewide significance.
B. At the hearing for an application to relocate or demolish a designated landmark or historic resource of statewide significance, the commission may, in the interest of exploring reasonable alternatives, delay issuance of a demolition permit for up to 90 days from the date of the hearing. If, 10 days prior to the expiration of the delay period, the commission finds that there are still reasonable alternatives to explore, it may apply to the Silverton city council for permission to continue the delay for an additional period of up to 90 days.
C. In approving an application for the demolition of a designated landmark or historic resource of statewide significance, the commission may impose the following conditions:
1. Photographic, video, or drawn recordation of the property to be demolished; and/or
2. Salvage and creation of significant elements; and/or
3. Other reasonable mitigation measures. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 3.5.600)
3.5.800 Exclusions.
A. No provision of this title shall be construed to prevent the ordinary or emergency repair or maintenance of a designated landmark or historic resource of statewide significance, when such action does not involve a change in design, materials, or appearance.
B. No provision in this title shall be construed to prevent the alteration, demolition, or relocation of a designated landmark or historic resource of statewide significance, when the building official certifies that such action is required for public safety. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 3.5.700)
3.5.900 Appeals.
A. Appeals of historic design review decisions by staff are referred to the landmark commission for a public hearing under SDC 4.1.300(G).
B. Decisions of the landmark commission can be appealed to the Silverton city council, as provided under SDC 4.1.300(G). Decisions of the Silverton city council can be appealed to the Land Use Board of Appeals. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008. Formerly 3.5.800)