Chapter 2.80
HISTORIC PRESERVATION
Sections:
2.80.030 Designation of historical building or site.
2.80.040 Designation of historical districts.
2.80.050 Designation not a recommendation for federal action.
2.80.060 Exterior remodeling or new structure.
2.80.070 Demolition permits – Building condemnation.
2.80.080 Record of demolished historical buildings – Artifacts.
2.80.100 Redevelopment and neighborhood improvement projects.
2.80.010 Purpose.
Districts, buildings and sites in the city of Sisters having special historic and prehistoric association or significance should be preserved as a part of the heritage of the citizens of the city, and for the education, enjoyment and pride of the citizens, as well as the beautification of the city and enhancement of the value of such property. To that end, regulatory controls and administrative procedures are necessary. [Ord. 138 § 1, 1980].
2.80.020 Administration.
(1) This chapter shall be administered by the Deschutes County historical landmarks commission (landmarks commission). The landmarks commission shall act in accordance with County Ordinance No. 21.
(2) The landmarks commission is composed of nine voting and unnumbered nonvoting ex officio members who have demonstrated expertise in historic preservation related disciplines:
(a) The mayor of Bend, with the advice and consent of council, shall appoint four commissioners to represent the city of Bend;
(b) The mayor of Redmond shall appoint one commissioner to represent the city of Redmond;
(c) The mayor of Sisters shall appoint one commissioner to represent the city of Sisters; and
(d) The board of county commissioners shall appoint one commissioner to represent the unincorporated portion of the county.
(e) The president of the Deschutes County Historical Society shall recommend one commissioner to represent the Historical Society and the Deschutes County Pioneer Association president shall recommend one commissioner to represent the Pioneer Association. The board of county commissioners shall appoint the commissioners who represent the Historical Society and the Deschutes County Pioneer Association.
(f) The ex officio members shall be appointed by the Deschutes County board of commissioners.
(g) Landmarks commissioners shall be qualified as defined in the National Park Service’s certified local government program requirements, Appendix “A,” Section 2 (Ordinance No. 361, Exhibit B). Appendix “A,” by this reference, is incorporated herein.
(3) Landmarks commissioners serve four-year terms. Commissioners shall serve without compensation. Any vacancy occurring in a position for any reason other than expiration of a term shall be filled by appointment for the remainder of the term.
(4) In addition to the nine official members, there shall be an undetermined number of liaison persons to act as ex officio members to be called in as appropriate to act in an advisory capacity to the landmarks commission. These ex officio members shall not be entitled to vote. These persons shall be representative of organizations including, but not limited to, the United States Forest Service, United States Bureau of Land Management, the county building division, and the American Institute of Architects. [Ord. 361 § 1 (Exh. A), 2006; Ord. 138 § 2, 1980].
2.80.030 Designation of historical building or site.
(1) Upon receipt of a request to designate a particular building or site within the city limits of Sisters as an historical building or site, or upon direction by the Sisters council on its own motion, the city planning department shall advise the owner of such building or site and shall fix a date and time for a public hearing before the council thereon. The planning department shall notify abutting owners and the Sisters planning commission and shall transmit a copy of the request to the landmarks commission unless such request has come from the landmarks commission. The landmarks commission shall submit its recommendation to the Sisters council at least 10 days prior to the public hearing.
(2) At such public hearing, the owner of the property involved, the owners of all abutting property and a representative of the landmarks commission shall be entitled to be heard, and the council may hear all other interested parties.
(3) Any request for historic designation must be filed with the city planning department before the date of application for any building, conditional use or any other application or permit which might be affected by such historic designation.
(4) If the council determines that a building inside the city limits to be designated as an historical building has architectural significance or is of historical importance based upon past or present use, the council may designate such building as an historical building. If the council finds that a particular site had a prior use involving the establishment, growth or particular incidents relating to the history of the city, the council may designate the same as an historical site.
(5) If any historical building has been demolished or destroyed, the city on its own motion or upon recommendation of the landmarks commission may remove the historical building designation therefrom. If the designation is proposed to be removed from any historical building or site for any other reason than set forth in the preceding sentence, then similar notices, recommendations, and hearings shall be held as upon the designation of a building or site as historical in the first instance.
(6) An historical or architecturally significant interior space or other portion of a public building may be designated as an historical building in the same manner as provided in this section, and provision of this chapter relating to historical buildings shall also be applicable to such designated interior space or other portion of a public building.
(7) The council may make a recommendation regarding any request to designate a particular building or site within the urban growth area as an historical building or site. As used in this section, “urban growth area” is that area outside the city limits but within the urban growth boundary.
(8) At the time of annexation to the city all designated historical sites within the annexation shall automatically revert to within city jurisdiction unless a public hearing is held to remove the site from the historical designation. [Ord. 138 § 3, 1980].
2.80.040 Designation of historical districts.
(1) Upon receipt of a request to designate an area as an historical district, or upon direction by the council, the planning department shall fix a date and time for a public hearing before the council thereon. The planning department shall notify owners within the proposed historical district and the Sisters planning commission and shall transmit a copy of the request to the landmarks commission unless such request has been made by the landmarks commission.
(2) At such hearing the owners of any property involved, the owners of all abutting property, a representative of the landmarks commission, and a representative of the city planning commission shall be entitled to be heard, and the council may hear all other interested parties.
(3) If the council determines that an area proposed to be designated as an historical district has architectural significance or is of historical importance based upon past or present use, the council may designate such area as an historic district. If the council determines that an area outside the city limits but inside the adopted urban growth boundary is proposed to be designated as an historical district for the same reasons, the council may recommend to the board of county commissioners that such area be designated as an historical district.
(4) All sites or buildings within a district need not be of historical or architectural significance provided the district as a whole is of such importance or significance.
(5) If the primary or significant buildings within an historical district have been demolished or destroyed, the council, on its own motion, may remove the historical district designation. If the designation is proposed to be removed from any historical district for any other reason than set forth in the preceding sentence, then similar notices, recommendations and hearings shall be held as upon the designation of the historical district in subsection (1) of this section.
(6) Any request for an historic district designation must be filed with the landmarks commission before the date of application for any building, conditional use, or any other application or permit which might be affected by such historic designation.
(7) If a designated historical district is within an area of annexation at the time of annexation by the city, that historical district shall automatically revert to within city jurisdiction unless a public hearing is held to remove the historic district designation. [Ord. 138 § 4, 1980].
2.80.050 Designation not a recommendation for federal action.
Nothing in this chapter nor the designation of an historical district under SMC 2.80.040 shall be interpreted as a recommendation by the council supporting designation of any building or structure as a “certified historic structure” for purposes of Section 191(d), (1), (b) or (c) of the Federal Tax Reform Act of 1976. No such recommendation or certification shall be made without notice to affected parties and an additional hearing thereof. [Ord. 138 § 5, 1980].
2.80.060 Exterior remodeling or new structure.
(1) Whenever the city building department receives a building permit application for exterior remodeling of a designated historical building or new construction on a site within a designated historic district, the application shall be transmitted, before action, to the landmarks commission. A copy of any application described above received by the landmarks commission shall be transmitted to the appropriate building department. Copies of the transmittals shall be sent to the city planning department. All applications must be accompanied by plans and specifications; the landmarks commission may require additional sketches.
(2) Exterior remodeling regulated by this chapter shall be deemed to include any change or alteration in color, design, or other exterior treatment. Any proposed change or alteration to the exterior of a designated historical building, or any building in a designated historical district, which change does not require a permit from the building department, shall be submitted to the landmarks commission for review and approval of such change. The landmarks commission shall approve the change if the treatment proposed is determined to be harmonious and compatible with the appearance and character of the historical building or historical district, and shall disapprove the application if found detrimental as unsightly, grotesque, otherwise adversely affecting the stability of values of adjacent properties or adversely affecting the educational and historical value of the building. Decisions shall be subject to appeal to the council on the same terms and conditions as set forth in this section.
(3) At the landmarks commission hearing the applicant, a representative of the city building department, and the Sisters planning commission shall be entitled to be heard. The landmarks commission may also hear any other interested party.
(4) If the landmarks commission determines that the proposed remodeling or new structure will not adversely affect the character of the district, building and site, or finds that the proposed exterior remodeling or new structure will enhance the historical value of the district, building or site, the landmarks commission shall approve the issuance of a permit therefor by the building department, and upon compliance with the building regulations and other regulations of the city, such permit shall be issued. If the landmarks commission finds such action appropriate, it shall approve the application for a permit for exterior remodeling or for a new structure in an historical district or for new construction in an historical district, or on an historical site, upon conditions which the landmarks commission imposes, to promote and preserve the historical or architectural integrity of the district, building or site. Upon conditional approval, the building permit may be issued in accordance with such condition. However, if found necessary and appropriate, the landmarks commission may reject the application. In such event the building permit shall not be issued thereafter unless the action of the landmarks commission is reversed on appeal as set forth below.
(5) If the landmarks commission has imposed conditions on its approval of an application or has disapproved an application as set forth in subsection (4) of this section, the applicant or the owner or occupant of the building or site involved or any other party may appeal the decision of the landmarks commission to the council by filing with the city planning department, with a copy to the county building department and the landmarks commission, a notice of appeal. Such notice shall be filed within 15 days after such decision of the landmarks commission. A time and date shall be fixed for the appeal hearing, notice of which shall be mailed to the appellant and all parties who appeared at the original hearing. The council may affirm, modify or reject the landmarks commission decision. [Ord. 138 § 6, 1980].
2.80.070 Demolition permits – Building condemnation.
(1) If an application is made for demolition of any historical building, or the demolition of a structure on a designated historical site or within a designated historical district, the application shall be transmitted, before action, to the landmarks commission. The landmarks commission shall, within 30 days after the application is initially filed, hold a hearing on the issuance of such permit. The applicant for the permit, the owner of the property and any other such occupant of the property shall be entitled to be heard. The landmarks commission may hear all other interested parties. The landmarks commission shall consider the state of repair of the building, the reasonableness of the cost of restoration or repair, taking into account the purpose of preserving the designated historic district, building and sites, the character of the neighborhood and all other factors which it finds appropriate. The landmarks commission may reject the application if it determines that in the interest of preserving historical values the structure should not be demolished. In the event the application is granted, issuance of the permit shall be suspended for a period fixed by the landmarks commission, not to exceed 120 days from the date of application. Within the suspension period, the landmarks commission may request an extension of the suspension period by the council. If the council determines that there is a program or project under way which could result in public or private acquisition of the historical building or site and the preservation or restoration of such building or site, and that there is reasonable ground to believe that the program or project may be successful, the council may extend the suspension period an additional period not to exceed 180 days to a total of not more than 300 days from the date of application for demolition permit. During the suspension period, no permit shall be issued for such demolition nor shall any person demolish the building or structure, unless the council has granted an appeal and directed the issuance. If at the end of 300 days the program or project is unsuccessful and the applicant has not withdrawn his application for demolition permit, the city building department shall issue the permit, if the applicant otherwise complies with the applicable code and ordinances of the city.
(2) Action by the landmarks commission suspending issuance of permit for demolition may be appealed by the applicant, the owner or the occupant, by filing a notice of appeal as provided in SMC 2.80.110.
(3) Before any action is taken to condemn a building or structure designated as an historical building or site, or any building or structure within a designated historic district, the landmarks commission shall review the report of the city building department and any other city department relating to the condition of the building and premises and the extent of its danger, deterioration or decay. The landmarks commission shall report on its review and make a recommendation concerning city action to the council before official action of condemnation is instituted.
(4) The landmarks commission may identify specific structures within a designated historical district which will be exempt from the provisions of this section governing review of a permit for demolition.
(5) The same procedure as stated in this section shall apply to building extraction. [Ord. 138 § 7, 1980].
2.80.080 Record of demolished historical buildings – Artifacts.
(1) If a designated historical building is to be demolished, insofar as practicable and as funds are available, the landmarks commission shall keep a pictorial and graphic history of the historical building or historical site with additional data as it may obtain.
(2) To the extent funds are available or the landmarks commission may obtain donations thereof, the landmarks commission shall obtain artifacts from the building or site which it deems worthy of preservation such as carvings or other materials it deems of artistic or historical importance. [Ord. 138 § 8, 1980].
2.80.090 Signs – Plaques.
The owner of a designated historical building or site, or the occupant thereof with the consent of the owner, may install an identification plaque or sign indicating the name, date, architect or other appropriate information upon the property; provided, that the size, material, design, location and text of such plaque or sign are approved by the Deschutes County Historical Society. [Ord. 138 § 9, 1980].
2.80.100 Redevelopment and neighborhood improvement projects.
In any redevelopment project or neighborhood improvement project administered by a department of the city or submitted to the council for its review and recommendations, the proposed action relating to a designated historical district, building or site shall be submitted to the landmarks commission for its review and recommendation. A report thereon by the landmarks commission shall be filed with the council and a copy shall be sent to the appropriate city department. [Ord. 138 § 10, 1980].
2.80.110 Appeals.
Appeals from actions of the landmarks commission shall be to the Sisters council and may be filed by the applicant, the owner, occupant or abutting landowner of the site or district concerned, or by any other person who participated in the initial hearing. Appeals must be filed within 15 days from the date of action by the landmarks commission, shall be filed on a form provided by the planning department, and shall be accompanied by the fee set for appeals by the Sisters council. The appeal shall be conducted in the same manner as appeals in other land use matters.
Decisions of the Sisters council may be appealed to the Land Use Board of Appeals in accordance with rules and procedures established by state law and that board. [Ord. 138 § 11, 1980].