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35-711-Ordinance No. PL-21 Recorded 9/18/1980VOL .35 r ' k. `i BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON 4 l U SC: l~i~J FOR DESCHUTES COUNTY In the Matter of an ) Historical Preservation ) COUNTY ORDINANCE Ordinance ) NO. PL-21 WHEREAS, districts, buildings and sites in the county and its cities having special historic and prehistoric association or significance should be preserved as a part of the heritage of the citizens of the county, and for the education, enjoyment and pride of the citizens, as well as the beautification of the county and enhancement of the value of such property, NOW, THEREFORE, the Deschutes County Board of Commissioners ordains as follows: SECTION 1. Deschutes County Historical Landmarks Commission. (A) There hereby is created a Deschutes County Historical Landmarks Commission (Landmarks Commission), which shall consist of nine official members, each entitled to vote as follows: One member from the Deschutes County Historical Society; one member from the Deschutes Pioneer Association; one member from the Deschutes County Museum Commission; one representative of the unincor- porated areas of Deschutes County; and two citizens at large. All members of the commission shall serve without compensation and shall be appointed by the Deschutes County Board of Commissioners. The mayors of each city shall recommend their representatives to the Board of County Commissioners. All members shall serve for a term of four years except the first appointments, which shall be for the following terms: three members shall be appointed initially for four years, three members for three years, and three members for two years. Any vacancy occurring in a position for any reason other than expiration of the term shall be filled by appointment of the Board of County Commissioners for the remainder of the term. (B) In addition to the nine official members, there shall be an undetermined number of liaison persons, appointed by the Board of County Commissioners, to act as ex-officio members to be called in as appropriate to act in an advisory capacity to the Landmarks Commission. These persons shall be rep- resentative of, but not limited to, the United States Forest Service, Bureau of Land Management, the Deschutes County Building Department and the American Institute of Architects. SECTION 2. Officers, Meetings, Rules and Procedure. (A) Within thirty days from adoption of this ordinance, the Deschutes County Board of Commissioners shall make such appointments as are called for in Section 1 and shall notify each appointee of the first regular meeting to be held within at least sixty days of ordinance adoption. The Board shall designate -1- 712 one member of the Landmarks Commission to be temporary chairperson, and the temporary chairperson shall preside over the first meeting and serve until permanent officers have been elected by a majority vote of the entire member- ship of the Landmarks Commission. The officers so elected shall serve until the date of the first annual meeting, or until their successors are regularly elected and take office. The officers of the Landmarks Commission shall consist of a chairperson, vice-chairperson and secretary. (B) The annual meeting of the Landmarks Commission shall be held each year during the month of January. In addition, the Landmarks Commission shall meet at least once every four months, and upon the call of the chairperson. The regular time, place and manner of notice of meetings shall be fixed by rules of the Landmarks Commission. (C) The Landmarks Commission shall establish and adopt its own rules of procedure. The Landmarks Commission shall submit an annual report to the Board of County Commissioners and the city mayors on or before the following February lst. (D) Any clerical and staff assistance necessary shall be provided by the Deschutes County Planning Director, his staff and/or pertinent city staff when appropriate. SECTION 3. Functions and Duties. (A) The Landmarks Commission shall serve as a hearings body for matters concerning historical districts buildings and sites. (B) The Landmarks Commission may adopt such rules and regulations as it finds necessary or appropriate to carry out this ordinance. (C) The Landmarks Commission may act upon requests by any citizen, by owners of buildings or sites, or on its own motion concerning the designation of particular districts, historical buildings or historical sites. (D) The Landmarks Commission shall recommend removal from any list of designated historical districts, buildings and sites such property as it finds no longer worthy of such designation. (E) The Landmarks Commission shall have authority to inspect or investigate any district, building or site in the county for which it is requested to designate or which it has reason to believe is an architectural or historical landmark. (F) The Landmarks Commission shall review all information which it has and shall hold hearings as prescribed in this ordinance. (G) The Landmarks Commission shall have authority to coordinate historical preser- vation programs of the city, county, state and federal governments as they relate to property within Deschutes County. (H) The Landmarks Commission may recommend to the Board of County Commissioners, city council, or the state legislature any changes of law which it finds appropriate. -2- vow, ~p (I) The Landmarks Commission shall compile and maintain a current list of all historical districts, buildings and sites which have been so designated pursuant to this ordinance with a brief description of the district or site and the special reasons for its inclusion on the list. If lists of archaeological sites are developed, they would not have to be made public, pursuant to appropriate state and federal laws. (J) The Landmarks Commission shall notify all property owners of sites recommended for designation of such recommendation. (K) The Landmarks Commission shall have authority to take such steps as it finds appropriate or necessary to make available to the public information concerning its activities and various districts, buildings and sites to be designated pursuant to this ordinance. (L) The Landmarks Commission shall prepare, review and adopt guidelines, criteria or such other statements of policy as may be appropriate relating to the designation, development or preservation of historical districts, buildings and sites within nine months from the date the Landmarks Commission is fully appointed. Such guidelines criteria or policy statements shall not take effect until reviewed and approved by the Board of County Commissioners. (M) The Landmarks Commission shall assist and coordinate the work of district advisory councils with respect to historical districts. (N) The Landmarks Commission shall perform such other duties relating to historical districts, buildings and sites as the Board of County Commissioners may request. SECTION 4. Designation of Historical Building or Site. (A) Upon receipt of a request to designate a particular building or site as an historical building or site, or upon direction by the Board of County Commissioners or the pertinent city council, the County Planning Department shall advise the owner of such building or site, abutting owners, the county and pertinent city planning commissions, and shall fix a date and time for a public hearing before the Landmarks Commission and the pertinent city council thereon. The Landmarks Commission shall hear and decide all proposals for designation as an historical building or site. (B) Each city council in the county shall have the opportunity to hold a public hearing or make a recommendation for any requested designation of an historical site within its adopted urban growth boundary. (C) At such public hearing the owner of the property involved, the owners of all abutting property, a representative of the Landmarks Commission, a representative from Deschutes County or the pertinent city, and a representative from the city or county building department shall be entitled to be heard, as well as all other interested parties. (D) Any request for historic designation must be filed with the Landmarks Com- mission before the date of application for any building, conditional use or any other application or permit which might be affected by such historic designation. -3- (E) If a city council determines that a building inside the urban growth boundary which has been recommended for designation as an historical building has architectural significance or is of historical importance based upon past or present use, the council may recommend to the Landmarks Commission that such building be designated an historical building. (F) If the Landmarks Commission determines that a building outside incorporated cities recommended for designation as an historical building has architectural significance or is of historical importance based on past or present use, it may designate such a building as an historical building. (G) If any historical building has been demolished or destroyed, the county or the pertinent 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. (H) An historical or architecturally significant interior space or other portion of a building may be designated as an historical building in the same manner as provided in this section, and provisions of this ordinance relating to historical buildings shall also be applicable to such designated interior space or other portion of a building. SECTION 5. Designation of Historical Districts. (A) Upon receipt of a request to designate any area as an historical district, or upon direction by the county or a city on its own motion, depending on the proposed district location, the County Planning Department shall advise the county or pertinent city planning commission, the county or city building department, and shall fix a date and time for a public hearing before the Land- marks Commission or. pertinent city council thereon. The Planning Department shall notify owners within the proposed historical district of such hearing. (B) At the hearing, the owners of any property involved,-the owners of all abutting property, and a representative of the county or pertinent city planning commission and building department shall be entitled to be heard. The Landmarks Commission or city council may hear all other interested parties. (C) If the city council determines that an area inside the adopted urban growth boundary has architectural significance or is of historical importance based upon past or present use, the council may recommend for designation such area as an historical district. (D) If the Landmarks Commission determines that an area in the county outside incorporated cities recommended for designation as an historical district has architectural significance or is of historical importance based upon past or present use, it may designate such area as an historical district. (E) 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. -4- C I X (F) If the primary or significant buildings within an historical district have been demolished or destroyed, the city council or Landmarks Commission on its own motion, depending on the location of the district, 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 pre- ceding sentence, then similar notices, recommendations and hearings shall be held as upon the designation of the historical district in the first instance. (G) Any request for historic district designation must be filed with the Landmarks Commission before the date of application for any building, conditional use or other application or permit which might be affected by such historic designation. (H) An historical district advisory council to review permits for exterior remodeling or new construction within the historical district may be formed to submit recommendations to the Landmarks Commission. Any provisions for district advisory council membership and functions shall be made by the Landmarks Commission and submitted as an amendment to this ordinance. SECTION 6. Designation Not a Recommendation for Fedearl Action. No recommendation or designation adopted under this ordinance shall be interpreted as a recommendation for classification 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 by any jurisdiction in the county without notice to affected parties and an additional hearing thereon. SECTION 7. Exterior Remodeling or New Structure. (A) Whenever a city or county 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 trans- mittals shall be sent to the County Planning Department. All applications must be accompanied by plans and specifications; the Landmarks Commission may require additional sketches. (B) Exterior remodeling regulated by this ordinance 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 build- ing, 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 Board of County Commissioners on the same terms and conditions as set forth in this section. -5- (C) At the Landmarks Commission hearing the applicant, a representative of the city or county building department, and the city or county planning commission shall be entitled to be heard. If applicable, a recommendation from the district advisory council, if the application involves any site in a designated historical district, shall be presented. The Landmarks Commission may also hear any other interested party. (D) 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 or county, such permit shall be issued. If the Land- marks 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 build- ing permit shall not be issued thereafter unless the action of the Landmarks Commission is reversed on appeal as set forth below. (E) If the Landmarks Commission has imposed conditions on its approval of an application or has disapproved an application as set forth in'the preceding subsection, the applicant or the owner or occupant of the building or site involved may appeal the decision of the Landmarks Commission to the Board of County Commissioners by filing with the County Planning Department, with a copy to the city or county building department and the Landmarks Commission, a notice of appeal. Such notice shall be filed within fifteen (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 Board may affirm, modify or reject the Landmarks Commission decision. SECTION 8. Demolition Permits - Building Condemnation. (A) When an application is received by the Landmarks Commission for a permit for demolition of any historical building, or the demolition of a structure on a designated historical site or within a designated historical district, the Landmarks Commission shall within thirty days after the application is filed hold a hearing on the issuance of such permit. The applicant, the owner of the property and any occupant of the property shall be entitled to be heard. The Landmarks Commission may hear other interested parties. The Landmarks Com- mission 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 historical district, building and site; 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 sus- pended 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 pertinent city council or the Board of County Commissioners. If the city council or -6- Board 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 Board 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 Board has granted an appeal and directed the issuance. If at the end of 300 days the program or project is unsuccess- ful and the applicant has not withdrawn his application for demolition permit, the city or county building department shall issue the permit, if the applicant otherwise complies with the applicable code and ordinances of the city or county. (B) 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 Section 7 of this ordinance. (C) 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 or county building department and any other city or county bureau 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 or county action to the pertinent city council or Board of County Commissioners before official action of con- demnation is instituted. (D) 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. (E) The same procedure as stated in this section shall apply to building extraction. SECTION 9. Record of Demolished Historical Buildings - Artifacts. (A) 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 any additional data it may obtain. (B) 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. SECTION 10. Signs and 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 is approved by the Deschutes County Historical Society. -7- Vol 35 ~~'-U- 118 SECTION 11. Redevelopment and Neighborhood Improvement Projects. In any redevelopment or neighborhood improvement project administered by a department of the city or county or submitted to the city or county for its review and recommendations, proposed action relating to a designated historic 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 pertinent city council or Board of County Commissioners and a copy shall be sent to the appropriate city or county department.. SECTION 12. Appeals. Appeals from actions of the Landmarks Commission shall be to the Board of County Commissioners 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 fifteen (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 Board of County Commissioners. The appeal shall be conducted according to the terms of County Ordinance PL-9. This ordinance being immediately necessary to preserve the public health, safety and welfare, an emergency is declared to exist and this ordinance takes effect immediately upon its adoption. ADOPTED this ~day of sue' 1980. first reading: second reading: ATTEST: ROSEMARY PATTERSON Deschutes County Clerk -8- BOARD OF COUNTY COMMISSIONERS