HomeMy WebLinkAboutOrdinance 019 - Historic LandmarksCES
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 23, 2010
Please see directions for completing this document on the next page.
DATE: August 2, 2010.
FROM: Peter Gutowsky Community Development Department
385-1709
TITLE OF AGENDA ITEM:
A public hearing on and possible First and Second Reading by title only and adoption of Ordinance No.
2010-019, Amending Chapter 2.28 of the Deschutes County Code, Historic Preservation and Historical
Landmarks Commission, and Declaring an Emergency.
PUBLIC HEARING ON THIS DATE? Yes.
BACKGROUND AND POLICY IMPLICATIONS:
At the request of the Deschutes County Board of Commissioners (Board), the Community
Development Department initiated a six-month program, starting in March 2010 that amends DCC
Chapter 2.28, Historical Preservation and Historical Landmarks Commission (HLC).
Deschutes County received a $3,000.00 Certified Local Government Grant to update DCC Chapter 2.28
in conjunction with the City of Bend to create one set of regulatory controls and procedures for both
jurisdictions. The reason for creating consistent historic preservation ordinances is to establish a
consistent, user-friendly set of standards for the HLC. The HLC serves as a hearings body for matters
concerning historical districts, buildings and structures and sites within the county and the cities of
Bend, La Pine, Redmond and Sisters.
The Deschutes County Historical Landmarks Commission and Deschutes County Planning
Commission in separate hearings, unanimously endorsed Ordinance No. 2010-019.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
First and second reading by title only and adoption of Ordinance No. 2010-019
ATTENDANCE: Peter Gutowsky and Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Peter Gutowsky, CDD.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 2.28 of the
Deschutes County Code, Historic Preservation and
Historical Landmarks Commission, and Declaring an
Emergency.
*
*
*
ORDINANCE NO. 2010-019
WHEREAS, at the request of the Deschutes County Board of Commissioners ("Board"), the
Community Development Department initiated a six-month program, starting in March 2010 that amends
Deschutes County Code ("DCC") Chapter 2.28, Historical Preservation and Historical Landmarks Commission;
and
WHEREAS, the Deschutes County Historical Landmarks Commission ("HLC") held two work sessions
on May 20 and June 17, 2010 on Ordinance 2010-019 to discuss legislative amendments to DCC Chapter 2.28,
and forwarded a recommendation to the Deschutes County Planning Commission for the first evidentiary
hearing on July 8; and
WHEREAS, the Deschutes County Planning Commission held a duly noticed public hearing on July 8
and continued the public hearing to July 22, 2010 to receive a recommendation from the HLC; and
WHEREAS, the HLC held a duly noticed public hearing on July 15, 2010 and on that same date,
forwarded to the Board a recommendation of approval; and
WHEREAS, the Deschutes County Planning Commission held a public hearing on July 22, 2010 and on
that same date, forwarded to the Board a recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on August 11, 2010
and concluded that the public will benefit from changes to DCC Chapter 2.28; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 2.28 is amended to read as described in Exhibit "A,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in strikethrough.
Section 2. FINDINGS. The Board adopts as its findings Exhibit "B," attached and incorporated by
reference herein.
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PAGE 1 OF 2 - ORDINANCE NO. 2010-019
Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this of , 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
Date of 1st Reading:
day of , 2010.
Date of 2nd Reading: day of , 2010.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Dennis R. Luke
Alan Unger
Tammy Baney
Effective date: day of , 2010.
PAGE 2 OF 2 - ORDINANCE NO. 2010-019
Chapter 2.28. HISTORICAL PRESERVATION AND HISTORICAL LANDMARKS
COMMISSION
2.28.0101. Purpose -of -Provisions.
2.28.0240. Definitions
2.2-8.005�eftnitions.
2.28.030. Applicability.
2.28.0420. Administratio .
2.28.050. Criteria
2.28.0360. Procedures
2.28.070. Historic and Cultural Resource Survey and Inventory.
Rulcs .,f P...,.....1....,,
2.28.15080. Designation not a Recommendation for Federal Action.
2.28.1-6090. Exterior Alteration and New Building Restrictions.
2.28.1-100. Demolition Permits and Condemnation Proceedings.
2.28.1810. Demolished Historical Buildings -Records and Artifact Preservation.
2.28.1290. Signs/Plaques.
2.2811300. Redevelopment and Neighborhood Improvement Projects .
2.28.140. Enforcement of State Preservation Laws.
2.281150. Appeals
2.28.22160. Vielation-Penaltiesy.
2.28.170. Oregon State Special Assessment of Historic Properties.
2.28.0101. Purpose -of -Provisions.
A. Districts, buildings, structures and sites in Deschutes County and its cities which have special historic
and prehistoric association or significance should be preserved as part of the heritage of the citizens of
the County, and for the education, enjoyment and pride of the citizens, as well as for the beautification
of the County and enhancement of the value of such property.
B. To that end, regulatory controls and administrative procedures are necessary.
(Ord. 2010-019 §1; Ord. 88-008 §1, 1988)
2.28.0205. Definitions.
As used in DCC 2.28 the following words and phrases are defined as set forth in DCC 2.28.021-0-058.
PAGE 1 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
(Ord. 95 027 §1, 1995; Ord. 88 008 §2, 1988)
"Alteration" means the addition to, or removal of, or physical modification of any exterior part, structure
and/or portion of a structure and/or building.
(Ord. 88 008 §2, 1988)
"Architectural significance" means that the structure and/or building or district:
A. Portrays the environment of a group of people in an era of history characterized by a distinctive
architectural style;
B. Embodies those distinguishing characteristics of an architectural type
C. Is the work of an architect or master builder whose individual work has influenced the development of
the eitycounty; or
D. Contains elements of architectural design, detail, materials or craftsmanship which represent a
significant innovation.
(Ord. 88 008 §2, 1988)
2-a8.".DefinitIen-
"Board" means the Deschutes County Board of County Commissioners.
(Ord. 88 008 §2, 1988)
"Demolish" means to raze, destroy, dismantle, deface or in any other manner cause partial or total ruin of a
designated historical landmark or structure and/or building, or a designated landmark or structure and/or
building in a historical district.
(Ord. 88 008 §2, 1988)
"Exterior" means any portion of the outside of a designated historical structure and/or building, or structure
and/or building in a designated historical district or any addition thereto.
(Ord. 88 008 §2, 1988)
"Historic" means 50 -years old or older.
"Historic Artifacts" means three-dimensional objects including furnishings, art objects, architectural
elements, building materials and items of personal property which have historic significance. "Historic
artifacts" does not include photographs, paper, electronic media or other media that are classified as
public records.
"Historic or Cultural Resource" means a historic or cultural site, building, structure, object, historic
district, and their significant settings or any combination of these resources that are listed on the National
Register of Historic Places, or are within a historic district that was listed on the National Register of
Historic Places, and/or are designated by the Deschutes County Board of Commissioners on the County's
Goal 5 list of Historic and Cultural Resources.
"Historical interest" means that a building, structure or site has:
A Historical significance;
B. May not be on the original location or may have been movekor
PAGE 2 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
C. Architectural significance may have been substanti
(Ord. 88 008 §2, 1988)
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"Historical sSignificance" means that the structure and/or building or district:
A. Has character, interest or value as part of the development, heritage or cultural characteristics for the
eity-county, state or nation;
B. Is the site of a historic event with an effect upon society;
C. Is identified with a person or group of persons who had some influence on society; and/or
D. Exemplifies the cultural, political, economic, social or historic heritage of the community.
(Ord. 88 008 §2, 1988)
"Inventory" is a survey, map, or description of one or more resource sites that is prepared by a local
government, state or federal agency, private citizen, or other organization and that includes information
about the resource values and features associated with such sites. As a verb, "inventory" means to
collect, prepare, compile, or refine information about one or more resource sites.
"Landmark" means an object or structure of special historical interesthistorical significance which has been
designated as a historic or cultural resourcend set aside for preservation.
(Ord. 88 008 §2, 1988)
2.28.050. Dcfiniti
"Landmarks eCommission" means the Deschutes County Historical Landmarks Commission. (Ord. 88 008
§2, 1988) 2.28.055. Definition Minor Alteration.
_"Minor alteration" means alteration which docs not affect the historical or architectural significance of the
structure or building. (Ord. 88 008 §2, 1988)
"Maintenance" means the process of mitigating the wear and deterioration of a property without altering the
historic character of the property, including action taken to protect and repair the condition of the property
with the least possible impact on the historic character of the property.
"Major Alteration" means an alteration which could adversely affect the historical or architectural
significance of a historic resource. Examples include alterations to the front facade, additions, exterior
remodels or alterations to the setting that remove significant historic elements or add features that are
incompatible with the historic or prehistoric period, thereby losing interpretive value.
"Minor Alteration" means an alteration which does not affect the historical or architectural significance
of a structure.
"Planning Division" means the Planning Division of the County Community Development Department.
(Ord. 88 008 §2, 1988)
"Object" means to distinguish from buildings and structures those constructions that are primarily artistic
in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design,
moveable, an object is associated with a specific setting or environment.
PAGE 3 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
"Preservation" means the process of applying measures necessary to sustain the existing form, integrity,
and materials of a historic property, including but not limited to the ongoing maintenance and repair of
historic materials but; not including the extensive replacement of historic materials or new construction.
"Property Owner" means the owner of record or the contract purchaser and does not include a person or
organization that holds a security interest.
"Protect" means to require Landmarks Commission review of applications for demolition, removal, or
exterior alteration of a historic resource, new construction or signs on the designated property in
accordance with the provisions of this ordinance so that the defining characteristics of the building and
its site and environment are retained.
"Reconstruction" means the process of depicting, by means of new construction, the form, features, and
detailing of a non -surviving site, landscape, building, structure, or object for the purpose of replicating its
appearance at a specific period of time and in its historic location.
"Rehabilitation" means the process of returning a property to a state of utility, through repair or
alteration, which makes possible an efficient contemporary use while preserving those portions and
features of the property which are significant to its historic, architectural, and cultural values. See
Appendix "C" The Secretary of the Interior's Standards for Rehabilitation for the ten basic principles
created to help preserve the distinctive character of a historic building and its site, while allowing for
reasonable change to meet new needs.
"Replacement" means the process of replacing historic materials and features with new materials when
the deterioration of a character -defining material or feature is so extensive that protection, maintenance,
or repair is not possible. Replacing severely deteriorated or damaged historic materials with new
materials of the same kind as the historic materials and in the same design as the historic element is
"replacement."
"Restoration" means the process of accurately depicting the forms, features and character of a property as
it appeared at a particular period of time, by means of the removal of features from other periods in its
history and reconstruction of missing features from the restoration period.
"Site" means the location of a significant event, prehistoric or historic occupation or activity, or a
building or structure, whether standing, ruined, or vanished, where the location itself possesses historical,
cultural, or archaeological value regardless of the value of any existing structure.
"Structure" means anything constructed or built, any edifice or building or any kind, or any
pieces of work architecturally built or composed of parts joined together in some definite
manner.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §2, 1988)
2.28.030. Applicability.
This code applies to any Historic or Cultural Resource within Deschutes County that was designated as a
historic resource by the Deschutes County Board of Commissioners or was listed on the National
PAGE 4 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
Register of Historic Places, or is located within a historic district that was listed on the National Register
of Historic Places.
(Ord. 2010-019 §1)
2.28.040. Administration.
A.
B.
C.
D.
The Landmarks Commission is composed of nine voting and undetermined number of non-voting ex -
officio members who have demonstrated expertise in historic preservation related disciplines:
The Mayor of Bend, with the advice and consent of City Council, shall appoint four Commissioners
to represent the City of Bend;
2. The Mayor of Redmond shall appoint one Commissioner to represent the City of Redmond;
3. The Mayor of Sisters shall appoint one Commissioner to represent the City of Sisters; and
4. The Board shall appoint one Commissioner to represent the unincorporated portion of the county.
5. Upon recommendation of the respective association president, the Board shall appoint one
Commissioner to represent the Historical Society and one Commissioner to represent the Deschutes
County Pioneer Association; and
6. The ex -officio members shall be appointed by the Deschutes County Board of Commissioners.
Landmarks Commissioners shall be qualified as defined in the National Park Service's Certified Local
Government Program requirements (Appendix "ED" Section 2). Appendix "ED", by this reference, is
incorporated herein.
Landmarks Commissioners serve four-year terms. 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.
Ex -Officio Members.
1. 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 commissionLandmarks Commission.
2. These ex officio members shall not be entitled to vote.
3. 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.
•
1.
•1
E. The officers of the landmarks commissionLandmarks Commission shall consist of a chairperson,
vice -chairperson and secretary, each elected by a majority vote.
B -F. The regular time, place and manner of notice of meetings shall be fixed by rules of the landmarks
commissionLandmarks Commission. However, the landmarks commissionLandmarks Commission
shall meet at least on a quarterly basis.
C. G. The landmarks commissionLandmarks Commission shall establish and adopt its own rules of
procedure. The landmarks commissionLandmarks Commission shall submit an annual report to the
Board and the city mayors.
DA -I. Any clerical and staff assistance necessary shall be provided by the County Planning Division staff
and/or pertinent city staff when appropriate.
Al The landmarks commissionLandmarks Commission shall serve as a hearings body for matters
concerning . - - , • • - • : •• • • historic and cultural resources
within the County and the cities of Bend, La Pine, Redmond and Sisters.
B:J. The commission may adopt such procedural rules and regulations as it finds necessary or appropriate to
carry out DCC 2.28. Such rules and regulations shall be approved by the Board.
PAGE 5 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
GK. The 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, buildings and/or structures or sites.D.L. The
E -L. The commission shall have authority to inspect or investigate any district, building and/or structure
or site in the County which it is requested to designate, or which it has reason to believe is an
architectural and/or historical landmark.
RM. The commission shall review all information which it has and shall hold hearings as prescribed in
DCC 2.28.
FAN. The commission shall have authority to coordinate historical preservation programs of the-ei-ty
county, state and federal governments, as they relate to property within the County.
WO. The commission may recommend to the Board, city councils or the State Legislature any changes of
law which it finds appropriate.
hP. Current List of Historic and Cultural Resources.
1. The commission shall compile and maintain a current list of all historical districts, buildings and/or
structures and sites and cultural resources, the applicable tax lots and addresses, the date of
designation, and a brief description of the resource and reasons for inclusion which have been so
designated pursuant to DCC 2.28, with a bricf description of the district, building and/or structure
or site, and the reasons for its inclusion on the list.
2. Disclosure of the locations and descriptions of designated archaeological sites is subject to
appropriate state and federal lawsIf lists of archaeological sites are developed, disclosure of such
lists is subject to appropriate state and federal laws.
JQ.The commission shall notify all property owners of sites recommended for designation of such
recommendation. The site will not be approved for a historic designation unless the Pproperty owners
at the time of designation support the local designation of their property as a historic or cultural
resource.
K.R. The 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/or
structures and sites to be designated pursuant to DCC 2.28.L. Adoption of Guidelines.
1. The commission shall prepare, review and adopt guidelines, criteria or such other statements of
districts, buildings and/or structures and sites.
Board.M._The commission shall assist and coordinate the work of historic district advisory councils
with respect to historical districts.
S. The Landmarks Commission shall perform such other duties relating to historical matters as the Board
of County Commissioners may request.
NA'. Commissioners shall serve without compensation.
(Ord. 2010-019 §1; Ord. 2005-029 §1, 2005; Ord. 95-027 §1, 1995; Ord. 88-008 §3, 1988; Ord. 88-008
§4, 1988; Ord. 88-008 §5, 1988; Ord. PL -21 §2, 1980; Ord. PL -21 §3, 1980)
2.28.1050. Criteria.
A. The evaluation and designation of historical districts, buildings and/or structures and sites shall be based
on the following criteria:
1. The factors listed on the County landmarks conunissionLandmarks Commission rating sheet, a
copy of which is set out in Appendix A at the end of DCC 2.28.
PAGE 6 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
the rules e f th Department of Lan
is set out in Appendix B at
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §6, 1988)
2.28.060. Procedures
2.28.120. A. Historical Building or Site -Designation Procedure.
A 1. Upon receipt of a request from the landmarks commissionLandmarks Commission to designate
a particular building, structure, object or site as an historical or cultural resource building or site
within the County or pertinent city, or upon direction by the Board or the pertinent city council, or
on its own motion, the Planning Division shall fix a date and time for a public hearin og n the
ordinance before the Board • . • • _
designation.
W2. Any request for historical or cultural designation must be filed with the County planning
divisionand/or pertinent city planning department before the date of application for any building
permit, or any other application or permit which might be affected by such historical designation.
G3. The Planning Division shall notify, in writing, the property owner of the property, the County
Planning Commission and andmarks Commission /or pertinent city
of the
public hearing before the Board at least 10 days prior to the public hearin
14. The landmarks commissionLandmarks Commission shall submit its recommendation to the
Board and/or pertinent city council at least 10 days prior to the public hearing.
R5.At such public hearing, the owner of the property involved, a representative of the landmarks
commissionLandmarks Commission and all other interested parties shall be entitled to be heard.
R6. If the Board determines that a property or properties proposed for designation has significance
based upon the criteria in "Appendix A", the Board may designate such districts, sites, buildings,
structures or objects as historical or cultural resources
co. If the Board fmds that a particular site
designate the same as an historical sitcresource.
L8. If any historical building has been demolished or destroyed, the Board and/or the pertinent city,
on its own motion or upon recommendation of the landmarks commissionLandmarks Commission,
may remove the historical building designation therefrom.
is significant, the Board may
site.J.9. At the time of annexation to a city, all properties with locally designated historical and
cultural resources within the annexation area shall retain their resource designations within city
jurisdiction unless a public hearing by the applicable City Council is held to remove the resource
designation. Listing on the National Register of Historic Places is a federal action and is not
affected by annexation
designation
PAGE 7 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
2.28.130. B. Historical IntcrestHistorical Resource -Designation Procedure.
A1. If the Board finds that a particular building, structure, object or site does not meet the criteria as
outlined in DCC 2.28.050 for historical designation, the Board may designate said building,
structure, object or site as a building or site of historical interesthistorical interest.
P2. Buildings, structures or sites designated as being of historical interesthistorical interest shall be
subject to the requirements of DCC 2.28 only in the event of demolition or major alteration. In such
cases, the owner of the building, structure or site must notify the Planning Division not less than 10
days prior to said demolition or major alteration, so that the County may photograph the site or
building.
C73. The Board and/or landmarks commissionLandmarks Commission may also make
recommendations to the owner regarding alternatives to demolition or major alteration which
preclude future designation as would be detrimental to the building, structure or site designation of
. - historical resource. Such recommendations are not binding upon the owner.
2.28.140 C. Historical District -Designation Procedure.
A1. Upon receipt of an application from a private party or group of people or upon the request from
the Landmarks Commission for local designation of a historic district within the unincorporated
County or upon direction by the Board or upon its own motion, the Planning Division shall fix a
date and time for a public hearing before the Board on a historic district recommended for
designation. This section is not applicable to nominations for listing historic districts on the
National Register of Historic Places.Upon receipt of a request by the landmarks commission to
Planning Division shall fix a date and time for a public hearing before the Board or pertinent city
council thereon.
112. The County Planning Division staff shall notify, in writing, owners of record of all properties
within the proposed historic district and shall transmit a copy of the request to the Planning
Commission and Landmarks Commissionowners within the proposed historical district and the
appropriate planning commission of such h wring, and shall transmit a copy of the request to the
landmarks commission unless such request is made by the landmarks commission.
G:3. The landmarks commissionLandmarks Commission shall submit its recommendation to the
Board or pertinent city council at least 10 days prior to the public hearing.
DA. At the public hearing, the owners of any property involved, a representative of the landmarks
commissionLandmarks Commission and all other interested parties shall be entitled to be heard.
IJ.5.If the Board or pertinent city council determines that an area proposed to be designated as an
historica-1 district has historic and/or architectural significance, the Board may designate such area
as an historical district.
I%6. If an area outside the incorporated cities but inside the adopted urban growth boundary is proposed
to be designated as an historical district, the pertinent city council may recommend to the Board that
such area be designated as an historical district.
6,7. An area may be designated an historical district even if all sites or buildings within a district are
not of historical or architectural significance, provided that the district as a whole is of such
significance.
13- 8. If the primary or significant buildings within an historical district have been demolished or
destroyed, the board or pertinent city council, on its own motion, may remove the local historical
district designation. National register listed properties must follow a federal process for removal.
L9. If the designation is proposed to be removed from any local historical district for any reason other
than that set forth in DCC 2.28.1 40(H)060(C)(8), then similar notices, recommendations and
hearings shall be held as upon the designation of the historical district in the first instance.
PAGE 8 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
X10. Any request for historical district designation must be filed with the landmarks
landmarks Commission before the date of application for any building permit,
conditional use permit or other application or permit which might be affected by such historical
designation.
I11. If a designated historica-1 district is within an area to be annexed to a city, at the time of its
annexation to the city that historical district shall automatically revert to within city jurisdiction.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §10, 1988; Ord. 88-008 §9, 1988; Ord. 88-008 §8,
1988; Ord. PL -21 §4, 1980; Ord. PL -21 §5, 1980)
County Inventory of Historic Places.
Bend, Redmond or Sisters.
•
buildings/sites in a district, a copy of the request shall be sent to the owner t
prior to designation as a historic resource.
(Ord. 95 027 §1, 1995; Ord. 88 008 §7, 1988)
2.28.070. Historic and Cultural Resource Survey and Inventory
A. The landmarks commissionLandmarks Commission shall periodically survey and inventory properties
potentially eligible for listing in the Deschutes County Goal 5 Inventory- of Historic and Cultural
Resources and/or National Register of Historic Places within unincorporated Deschutes County
1. Survey and inventory documents shall be maintained, periodically updated, and open to the public.
2. Survey and inventory documents and processes shall be compatible with the practices of the Oregon
State Historic Preservation Office for maintaining the Oregon Inventory of Historic Sites.
3. Records concerning archeological sites shall not be made available to the public.
4. Properties included in the Cultural Resource Inventory are not subject to the provisions of DCC
2.28.050 and 2.28.060.
(Ord. 2010-019 §1)
btain thci
ermission
2.28.5080. Designation not a Recommendation for Federal Action.
A. Nothing in DCC 2.28 and no designation adopted under DCC 2.28 shall be interpreted as a
recommendation by the Board and/or pertinent city 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.
B. No such recommendation or certification shall be made by any jurisdiction in the County without notice
to affected parties and an additional hearing thereon.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §11, 1988; Ord. PL -21 §6, 1980)
2.283-6090. Exterior Alteration and New Building Restrictions.
A. Except as provided in DCC 2.28.16090(H), no person may demolish or alter any historic or cultural
resource in such a manner as to affect its exterior appearance or integrity, nor may any new structure
and/or building be constructed in an historical district, unless a certificate of approval has been issued
PAGE 9 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
by the landmarks commissionLandmarks Commission and the County '
director.
B. Application for a certificate of approval for exterior demolition, alteration or new construction under
DCC 2.28.1-6090 shall be made to the planning division and shall be referred to the landmarks
commissionLandmarks Commission for review and/or hearing. Quasi-judicial applications shall follow
DCC Chapter 22.
C. All applications for alteration or new construction shall be accompanied by appropriate plans and/or
specifications.
D. Any request for a certificate of approval for demolition, exterior alteration or new construction must be
filed prior to or in conjunction with an application for any building or land use permit.
E. Upon approval by the Chair of the Landmarks Commission-, applications for minor alterations may be
processed administratively.
F. Applications for major alterations shall be forwarded to the landmarks commissionLandmarks
Commission.
EG.Applications for certificates of approval for exterior alterations to structures and/or buildings in an
historical district or to a designated historical structure and/or building shall be evaluated by the
landmarks commissionLandmarks Commission under the following criteria:
1. Applicable provisions of the County eComprehensive pPlan
plan;
2. Applicable sections of the Secretary of the Interior's Standards and Guidelines for
RehabilitationWhere applicable, an evaluation of the economic, social, environmental and energy
- . *. _I _ lee
3. The reasonableness of the proposed alteration and its relationship to the public interest in the
structure's and/or building's preservation or renovation;
4. The design review guidelines set out in Appendix EB at the end of DCC 2.28;
5. The physical condition of the structure and/or building;
6. The general compatibility of proposed exterior design, arrangement, proportion, detail, scale, color,
texture and materials proposed to be used on the existing structure and/or building;
7. Whether the alteration is required to remedy an unsafe or dangerous condition;
8. Other pertinent aesthetic factors, as appropriate.
FH. Applications for certificates of approval for new construction of structures and/or buildings in an
historical district shall be evaluated by the landmarks commissionLandmarks Commission under the
following criteria:
1. The purpose of DCC 2.28;
2. The provisions of the County eComprehensive Pplan ;
3. The economic effect of the new structure and/or building on the historical value of the district;
4. The effect of the proposed new structure and/or building on the historical character of the district;
5. The general compatibility of the proposed exterior design, arrangement, proportion, detail, scale,
color, texture and materials proposed to be used in the construction of the new structure and/or
building;
6. The design review guidelines set out in Appendix D -B at the end of DCC 2.28 are the criteria for
new construction;
7. Where applicable, an evaluation of the economic, social, environmental and energy consequence
of the new construction, as set forth in OAR 660 16 000.
GI. All decisions on certificates of approval shall be in writing.
HJ. Nothing in DCC 2.28 shall be construed to prevent the ordinary maintenance or repair (e.g., painting) of
exterior architectural features of a building or structure which does not involve a change in design or
type of materials,
PAGE 10 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
K , unless the County or pertinent city building official can cert
A change in design or
type of materials shall be allowed if the County building official states in writing that the repair is
necessary for personal or public safety due to an unsafe or dangerous condition in or on the building or
structure.
IL. All decisions concerning certificates of approval under DCC 2.28.E-6090 are subject to appeal to the
Board and/or pertinent city council, as provided in DCC 2.28.2150.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §12, 1988; Ord. PL -21 §7, 1980)
2.28.1700. Demolition Permits and Condemnation Proceedings.
A. No demolition of any designated historical structure and/or building, or structure and/or building within
an historical district or landmark shall be allowed except with the approval of the RFs
commissionLandmarks Commission. A demolition or removal permit application shall be transmitted,
before action is taken, to the landmarks commissionLandmarks Commission.
B. Upon receipt of an application for a permit for demolition or removal, the landmarks
commissionLandmarks Commission shall notify the applicant in writing, and the owner of the property,
if the owner is not the applicant.
C. The landmarks commissionLandmarks Commission shall hold a public hearing within 30 days of
receipt of the application. The applicant, the owner of the property and any interested parties shall be
entitled to be heard.
D. In determining whether to approve the demolition or removal proposed in the application, the landmarks
commissionLandmarks Commission shall consider the following:
1. All plans, drawings and photographs as may be submitted by the applicant;
2. Information presented at the public hearing;
3. The County Ceomprehensive pPlan and/or pertinent city comprehensive plan;
4. The purpose of DCC 2.28;
5. The criteria used in the original designation of the historical structure, building or district;
6. The historical and architectural style, the general design, arrangement, materials of the structure
and/or building, its appurtenant fixtures, and the relationship of such features to similar features of
other buildings within the County or city, and the position of the structure and/or building in
relation to public rights-of-way and to other buildings and structures in the area;
7. The effects of the proposed demolition or removal upon the protection, enhancement, perpetuation
and use of the structure and/or building which cause it to possess a special character, or special
historical or aesthetic interest or value;
8. Whether the demolition or removal is proposed to abate a nuisance or a hazardous condition;
9. Whether delay of the demolition or removal will cause substantial hardship to the applicant0
. . . . .. - _ . . -. • .•,
forth in OAR 600 16 000.
E. If the landmarks commissionLandmarks Commission approves the demolition or removal and if no
appeal is filed, the appropriate County or city building official shall issue a demolition or removal
permit in accordance with all applicable codes and ordinances of the County or the pertinent city.
F. Postponement.
1. The landmarks commissionLandmarks Commission may postpone action on an application for a
demolition or removal permit if the commission determines that there is a program or project under
way which would result in public or private acquisition or relocation of such structure and/or
building or site, and that there are reasonable grounds to believe that such program or project may
be successful.
PAGE 11 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
2. In such case, the Landmarks commissionLandmarks Commission may suspend consideration of the
application for a period not to exceed 90 days.
3. During such period of suspension, no permit shall be issued for such demolition or removal, nor
shall any person demolish or remove the structure and/or building.
4. If any such program or project appears to the landmarks commissionLandmarks Commission to be
unsuccessful and the applicant has not withdrawn the application for a demolition or removal
permit, the building official shall issue a permit if the permit application otherwise complies with
the codes and ordinances of the County and/or pertinent city.
G. Action by the ' •. - andmarks Commission suspending issuance of a permit for
demolition or removal may be appealed by the applicant, the owner or the occupant, by filing a notice of
appeal as provided in DCC 2.28.2150.
H. Condemnation.
1. Before any action is taken by a public entity to condemn a structure and/or building designated as a
historical building or site or any structure and/or building within a designated historical district, the
andmarks Commission shall review the report of the County building
safety division and/or any other County or city departments relating to the condition of the building
and premises and the extent of its danger, deterioration or decay.
2. The landmarks commissionLandmarks Commission shall report on its review and make a
recommendation concerning action to the Board and/or pertinent city council before official action
of condemnation is instituted.
I. The andmarks Commission may identify specific structures and/or buildings
within a designated historical district which will be exempt from the provisions of DCC 2.28.1070.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §13, 1988; Ord. PL -21 §8, 1980)
2.28.1810. Demolished Historical buildings -Records and Artifact Preservation.
A. If a designated historical building is to be demolished, insofar as practicable and as funds are available,
the landmarks commissionLandmarks 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 commissionLandmarks Commission may obtain
donations thereof, the landmarks commissionLandmarks Commission shall acquire historic artifacts
from the building or site which it deems worthy of preservation.
C. Status of Historic Property at New Location
1. When an historic property is moved to a new location, the historic property status is retained for
that property at the new site unless the County, using the process required for designation of a
historic property, determines that the historic or cultural resource is no longer appropriate.
2. If the property retains historic property status at the new site, the County may review and modify
the development standards and designation as appropriate, using the process required for
designation.
3. Deschutes County will notify the State Historic Preservation Office documenting the new location.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §14, 1988; Ord. PL -21 §9, 1980)
2.28.1290. Identification-Signs/Plaques.
The owner of a designated historical building or sitchistoric resource, or the occupant thereof with the
consent of the owner, may install an identification plaque or sign indicating the name, date, architect and
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 Societylandmarkr,
landmarks Commission.
PAGE 12 OF 28 — EXHfI T "A" TO ORDINANCE 2010-019
A. No si or .la.ue ma be dis.la ed on an historic resource exce.t for si • s or .la
ues
a
.
roved b the
Landmarks Commission, in conformance with Deschutes County sign code.
B. Signs that are freestanding, painted on the windows or glass doors or that are similar to signs shown in
historic photographs of the structure are encouraged.
C. Signs must be attached to the structure in such away as to not cause irreversible damage to the building.
New signs will be attached by reusing existing hardware whenever possible. New brackets and bolts
on masonry buildings shall be put only in wood or mortar, and not in bricks or rock.
D. The size of the sign must be in proportion to the size of the historic building,
E. The placement of the sign shall not obscure significant architectural elements of the building,
F. The type of the sign, font, design and shape of the sign should be compatible with the historic building
and the historic character of the historic district.
G. The materials of which the sign is made must be compatible with the historic building and the historic
character of the historic district.
H. Back lighted metal -framed plastic signs are discouraged.
(Ord. 2010-019 §1; Ord. 95-027 § 1, 1995; Ord. 88-008 § 15, 1988; Ord. PL -21 § 10, 1980)
2.28.13200.Redevelopment and Neighborhood Improvement Projects -Review by Commission.
A. In any redevelopment or neighborhood improvement project administered by a department of the city or
county, or submitted to the pertinent city or the Board for its review and recommendations, proposed
action relating to a designated historical district, building or site shall be submitted to the landmarks
commissionLandmarks Commission for its review and recommendation.
B. A report thereon by the landmarks commissionLandmarks Commission shall be filed with the pertinent
Board, and a copy shall be sent to the appropriate city or County department.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §16, 1988; Ord. PL -21 §11, 1980)
2.28.140. Enforcement of State Preservation Laws.
A. The Board and Thandmarks Commission shall support the enforcement of all state laws relating to
historic preservation.
B. These state laws include but are not limited to ORS 197.772 (Consent for designation for historic
property), ORS 358.653 (Conservation Programs, Leases), and ORS 358.475 through 358.541 (Special
Assessment).
C. Applications to alter a cultural resource shall be forwarded to the state archeologist for comment.
Deschutes County shall utilize applicable sections of the Secretary of the Interior's Standards and
Guidelines for Archeology.
(Ord. 2010-019 §1)
2.28.2150. Appeals
A.
B.
Appeals from actions of the - . - andmarks Commission shall be to the Board andIer
pertinent city council and may be filed by the applicant, the owner or occupant of the building,
structure, site or district concerned, or by any other person who participated in the hearing.
Unless a request for reconsideration has been filed, the notice of appeal and appeal fee must be received
at the offices of the Deschutes County Community Development Department no later than 5:00 PM on
the twelfth day following mailing of the decision. If a decision has been modified on reconsideration, an
appeal must be filed no later than 5:00 PM on the twelfth day following mailing of the decision as
modified. Notices of Appeals may not be received by facsimile machin
PAGE 13 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
by the appropriate County or city planning department, and shall be accompanied by the fee set for
appeals by the Board or city.
C. The appeal shall be conducted according to the terms of the applicable County or city procedures
ordinance.
D. A decision of the Board may be appealed to the land use board of appeals as provided by law.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §17, 1988; Ord. 86-023 §1, 1986; Ord. PL -21 §12,
1980)
2.28.22160. Vielatien—Penaltiesy.
Violation of DCC 2.28.�6090(A), DCC 2.28.1700(A) is a Class A violation. A Class A violation is defined
in DCC 1.16.010.
(Ord. 2010-019 §1; Ord. 2003-021 §7, 2003; Ord. 95-027 §1, 1995; Ord. 93-053 §1, 1993; Ord. 91-039 §1,
1991)
2.28.170. Oregon State Special Assessment of Historic Properties.
A. For application for interior or exterior restoration, rehabilitation, alteration, demolition, or new
construction of structures located on a property that is listed on the National Register of Historic Places
and is benefiting from the Oregon Special Assessment Program, the applicable sections of this code, the
Secretary of the Interior's Standards and Guidelines for Rehabilitation and the approved Preservation
Plan will be used as criteria to determine the appropriateness and reasonableness of the application.
B. After the application is deemed complete by CDD staff, a copy of the application will be sent to the
Oregon State Historic Preservation Office for comment within one week.
(Ord. 2010-019 §1)
Chapter 2.32. Repealed by Ord. 96 075, 1996
Chapter 2.33. Repealed by Ord. 99 006, 1999
PAGE 14 OF 28 — EX-IIBIT "A" TO ORDINANCE 2010-019
APPENDIX "A"
DESCHUTES COUNTY LANDMARKS COMMISSION
HISTORIC RESOURCE RATING SHEET
RATING
NAME OF HISTORIC RESOURCE
ADDRESS
MAP AND TAX LOT
EVALUATOR
DATE
Scoring on Scale of 1-5
5 - Excellent
4 - Very Good
3 - Good
2 - Fair
1 - Poor
0 - Non-existent
Factors
Relative
Weighted
Importance
Rating
1. Interpretive Potential: Property is associated with pre -historic or
3.0 x
historic events, is related to the broad cultural history of the nation,
state or community, or is included on the National Register of
Historic Places, or has yielded or is likely to yield information
important to prehistory or history.
2. Rarity of type and/or Style: Property represents a period of
2.0 x
history or prehistory or style of architecture or method of
construction of extraordinary or unusual design, detail, materials,
or craftsmanship; or is identified as the work of an architect,
designer or master builder whose work has influenced development
in the nation, state or community.
3. Identification: Property is identified with a person or persons
1.5 x
who have significantly contributed to the history of the City or
County.
4. Symbolic Value: Property represents an aesthetic or educational
1.5 x
feature of the community, or has contributed to the cultural or
economic history of the area.
5. Chronology: Property was developed early in the relative scale
1.0 x
of local history or was an early expression of a type or style of
structure or development.
PAGE 15 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
APPENDIX "B"
DESIGN REVIEW GUIDELINES
A. GENERAL
1. New construction shall be compatible in size, form, scale, materials, and texture with
adjacent historic buildings and/or with dominant architectural character of the district.
2. Contemporary designs expressing the elements described in (1. Above) are
encouraged.
3. Imitating in detail an earlier style of architecture is discouraged.
B. SITING
1. In addition to the zoning requirements, the relationship of new additions to the street
and to the open space between buildings shall be compatible with adjacent historic
buildings and with the historic character of the surrounding area.
2. New additions shall be sited so that the impact to the primary facades(s) is kept to a
minimum. Additions shall generally be located at the rear portions of the property or in
such locations where they have the least visual impact from public ways.
C. LANDSCAPE
1. Traditional landscape elements evident in the district - grass, trees, shrubs, picket
fences, etc. - should be preserved and are encouraged in site redevelopment.
2. Landscaping such as trees, bushes, foundation plantings, garden beds or brick or
paving work shall not be regulated by the Commission with the exception of removal or
radical trimming of large established trees or vegetation (potentially 50 years or older),
except where necessary for immediate public safety as determined by a certified arborist
and the Deschutes County Planning Division.
3. No Commission review is required if any new walls or fencing on a historic resource
property complies with all the standard fencing requirements as listed in the Deschutes
County Code Chapter 2.28 as well as comply with the following standards.
a. Rear Lot fencing shall be a typical board fencing, brick, or native Central
Oregon drystack mortared stones.
b. Fencing between the front or side walls of a structure abutting a road right of
way shall be a typical picket fencing, brick or native Central Oregon drystack mortared
stones with the exception of property located within the Drake Park Neighborhood
Historic District. All new fencing between the front or side walls of structure abutting a
road right of way shall require review and approval by the Commission.
PAGE 16 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
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D. BUILDING HEIGHT
1. In addition to the zoning requirements, the height of new additions shall not exceed
the height of the historic building, or of historic buildings in the surrounding area. The
surrounding area includes either historic building(s) within 250 feet of the subject
property or similar style historic buildings within Deschutes County.
E. BUILDING BULK
1. The apparent size of primary elements of new construction shall not exceed that
of the largest adjacent historic building and the surrounding area.
2. New additions smaller than the historic building or the historic buildings in the
surrounding area are encouraged.
(a) Where new additions must be larger, the new addition shall be
articulated in such a manner that no single element is visually larger than
the historic building or larger than the surrounding historic buildings.
F. PROPORTION AND SCALE
1. The relationship of height to width of new additions and their sub -elements, such
as windows and doors and of alterations, shall be compatible with related elements of
the historic building and with the historic character of the surrounding area. Such as
the typical historic windows which have an approximate proportion of 2 vertical to 1
horizontal.
2. The relationship of solids to voids (wall to window) shall be compatible with
related elements on the historic building and with the historic character of the
surrounding area.
3. The relationship of height to width of primary and secondary elements of new
construction shall be compatible with the dominant historic character of the district or
similar historic buildings within Deschutes County.
PAGE 17 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
G. EXTERIOR FEATURES
1. General
(a) To the extent practicable, original historic architectural elements and materials shall
be preserved.
(b) Architectural elements and materials for new additions shall be compatible with
related elements of the historic building and with the historic character of the
surrounding area.
(c) The preservation, cleaning, repair, and other treatment of original materials shall be
in accord with the Secretary of Interior's Standards of Rehabilitation and Guidelines for
Rehabilitating Historic Buildings Appendix "C".
(d) Exterior features such as bays, porches, balconies, and other architectural elements
that establish the district's historic character are encouraged in new construction.
2. Foundations:
(a) Concrete or masonry foundations to replace deteriorated wood foundations are
encouraged. Such new foundations shall be covered with board skirting or similar
treatment to match the original appearance and extend to within six to eight inches (6" -
8 ") of the ground level.
(b) Concrete or masonry foundations for new additions need not be covered with
material that stimulates earlier construction.
(c) New foundations shall not significantly alter the historic elevation of the building.
3. Materials:
(a) New construction should employ materials traditional to the district --wood, stone,
and brick. Such materials should be employed in their traditional configuration, e.g.,
drop siding, common brick, standard shingles.
(b) Inappropriate materials such as plywood, plastic and metal sidings, imitation brick
and stone, and raw aluminum window frames that are not part of a "clad" window
system are discouraged.
4. Roofs:
(a) Roofs on new additions shall be of forms (gabled, hipped, etc.) that are compatible
with the historic building and the historic character of the district.
(b) Metal roof material is discouraged.
5. Garages/Carports:
(a) When feasible, garages and carports should be located on the site where they have the
minimum visual impact from public ways.
PAGE 18 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
(b) Where garages must face the street front, they should be designed to minimize their
bulk and visual impact. Single -car garage doors should be employed.
(c) Detached garages are encouraged.
PAGE 19 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
APPENDIX "C"
THE SECRETERY OF THE INTERIOR'S STANDARDS
FOR REHABILITATION
The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for
Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings are intended to provide
guidance to historic building owners and building managers, preservation consultants, architects,
contractors, and project reviewers prior to treatment. As noted, while the treatment Standards are
designed to be applied to all historic resource types included in the National Register of Historic Places --
buildings, sites, structures, districts, and objects --the Guidelines apply to specific resource types; in this
case, buildings.
For means of this code, the Secretary of the Interior Standards & Guidelines for Rehabilitation are reprinted
below. Depending upon the nature of your project, one of the other Standards & Guidelines may apply.
Refer to County Staff for the appropriate application method. More information may be found at
http://www.nps. gov/hps/tps/standguide/overview/using_standguide.htm.
The Secretary of the Interior's Standards for Rehabilitation are ten basic principles created to help
.reserve the distinctive character of a historic buildin and its site while allowin for reasonable chan ! e
to meet new needs.
The Standards (36 CFR Part 67) apply to historic buildings of all periods, styles, types, materials, and
sizes. They apply to both the exterior and the interior of historic buildings. The Standards also encompass
related landscape features and the building's site and environment as well as attached, adjacent, or related
new construction.
Rehabilitation projects must meet the following Standards, as interpreted by the National Park Service, to
qualify as "certified rehabilitations" eligible for the 20% rehabilitation tax credit.
The Standards are applied to projects in a reasonable manner, taking into consideration economic and
technical feasibility.
1. A property shall be used for its historic purpose or be placed in a new use that requires minimal
change to the defining characteristics of the building and its site and environment.
2. 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.
3. 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.
4. Most properties change over time; those changes that have acquired historic significance in their
own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that
characterize a historic property shall be preserved.
PAGE 20 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall 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.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials
shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the
gentlest means possible.
8. Significant archeological resources affected by a project shall be protected and preserved. If such
resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize 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.
10. 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.
The Guidelines have been prepared to assist in applying the Standards to all project work; consequently,
they are not meant to give case -specific advice or address exceptions or rare instances. Therefore, it is
recommended that the advice of qualified historic preservation professionals be obtained early in the
planning stage of the project. Such professionals may include architects, architectural historians,
historians, historical engineers, archeologists, and others who have experience in working with historic
buildings.
The Guidelines pertain to both exterior and interior work on historic buildings of all sizes, materials, and
types. Those approaches to work treatments and techniques that are consistent with The Secretary of the
Interior's Standards for the Treatment of Historic Properties are listed in the "Recommended" section;
those which are inconsistent with the Standards are listed in the "Not Recommended" section.
MASONRY
(Adobe, Brick, Stone, Terra Cotta, Concrete, Stucco, Mortar)
RECOMMENDED*
Retaining original masonry and mortar, whenever possible, without the application of any surface
treatment.
Repointing only those mortar joints where there is evidence of moisture problems or when sufficient
mortar is missing to allow water to stand in the mortar joint.
Duplicating old mortar in composition, color, and texture.
PAGE 21 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
Duplicating old mortar in joint size, method of application, and joint profile.
Repairing stucco with a stucco mixture that duplicates the original as closely as possible in appearance
and texture.
Cleaning masonry only when necessary to halt deterioration or to remove graffiti and stains, and always
with the gentlest method possible, such as low pressure water and soft, natural bristle brushes.
Repairing or replacing, where necessary, deteriorated material with new material that duplicates the old
as closely as possible.
Replacing missing significant architectural features, such as cornices, brackets, railings, and shutters.
Retaining the original or early color and texture of masonry surfaces, including early signage wherever
possible. Brick or stone surfaces may have been painted or whitewashed for practical and aesthetic
reasons.
NOT RECOMMENDED
Applying waterproofing or water repellant coating or surface consolidation treatments unless required to
solve a specific technical problem that has been studied and identified. Coatings are frequently
unnecessary, expensive, and can accelerate deterioration of the masonry.
Repointing mortar joints that do not need repointing. Using electric saws and hammers to remove mortar
can seriously damage the adjacent brick.
Repointing with mortar of high Portland cement content can often create a bond that is stronger than the
building material. This can cause deterioration as a result of the differing coefficient of expansion and
the differing porosity of the material and the mortar.
Repointing with mortar joints of a differing size or joint profile, texture, or color.
Sandblasting, including dry and wet grit and other abrasives, brick, or stone surfaces; this method of
cleaning erodes the surface of the material and accelerates deterioration. Using chemical reaction with
the masonry materials, i.e., acid on limestone or marble.
Applying new material which is inappropriate or was unavailable when the building was constructed,
such as artificial brick siding, artificial cast stone, or brick veneer.
Removing architectural features such as cornices, brackets, railings, shutters, window architraves, and
doorway pediments.
Removing paint from masonry surfaces indiscriminately. This may subject the building to damage and
change its appearance.
WOOD
(Clapboard, Weatherboard, Shingles, and Other Wooden Siding)
RECOMMENDED
PAGE 22 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
Retaining and preserving significant architectural features wherever possible.
Repairing or replacing, where necessary, deteriorated material that duplicates in size, shape, and texture,
the old as closely as possible.
NOT RECOMMENDED
Removing architectural features such as siding, cornices, brackets, window architraves, and doorway
pediments. These are, in most cases, an essential part of a building's character and appearance that
illustrate the continuity of growth and change.
Resurfacing frame buildings with new material that is inappropriate or was unavailable when the
building was constructed, such as artificial stone, brick, veneer, asbestos, or asphalt shingles and plastic
or aluminum siding. Such material can also contribute to the deterioration of the structure from moisture
and insects.
ARCHITECTURAL METALS
(Cast Iron, Steel, Pressed Tin, Aluminum, and Zinc)
RECOMMENDED
Retaining original material, whenever possible.
Cleaning when necessary with the appropriate method. Metals should be cleaned by methods that do not
abrade the surface.
NOT RECOMMENDED
Removing architectural features that are an essential part of a building's character and appearance,
illustrating the continuity of growth and change.
Exposing metals which were intended to be protected from the environment. Do not use cleaning
methods which alter the color, texture, and tone of the metal.
ROOFS AND ROOFING
RECOMMENDED
Preserving the original roof shape.
Retaining the original material, whenever possible.
Providing adequate roof drainage and ensuring that the roofing materials provide a weathertight covering
for the structure.
Preserving or replacing, where necessary, all architectural features that give the roof its essential
character, such as dormer windows, cupolas, cornices, brackets, chimneys, cresting, and weather vanes.
PAGE 23 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
NOT RECOMMENDED
Changing the essential character of the roof by adding inappropriate features such as dormer windows,
vents, or skylights.
Applying new roofing material that is inappropriate to the style and period of the building and
neighborhood.
Stripping the roof of architectural features important to its character.
WINDOWS AND DOORS
RECOMMENDED**
Retaining and repairing window and door openings, frames, sash, glass, doors, lintels, sills, pediments,
architraves, hardware, awnings, and shutters where they contribute to the architectural and historic
character of the building.
Improving the thermal performance of existing windows and doors through adding or replacing
weatherstripping and adding storm windows and doors which are compatible with the character of the
building and which do not damage window or door frames.
Replacing missing or irreparable windows on significant facades with new windows that match the
original in material, size, general muntin and mullion proportion and configuration, and reflective
qualities of the glass.
Replacing missing or irreparable windows on significant facades with new windows that match the
original in material, size, general muntin and mullion proportion and configuration, and reflective
qualities of the glass.
NOT RECOMMENDED
Introducing or changing the location or size of windows, doors, and other openings that alter the
architectural and historic character of the building.
Replacing window and door features on significant facades with historically and architecturally
incompatible materials such as anodized aluminum, mirrored or tinted glass.
Removing window and door features that can be repaired where such features contribute to the historic
and architectural character of the building.
Installing on significant facades shutters, screens, blinds, security grills, and awnings which are
historically inappropriate and which detract from the character of the building.
Installing new exterior storm windows and doors which are inappropriate in size or color, or which are
inoperable, or which require removal of original windows and doors.
Installing interior storm windows that allow moisture to accumulate and damage the window.
PAGE 24 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
Replacing sash which contribute to the character of the building with those that are incompatible in size,
configuration, and reflective qualities or which alter the setback relationship between window and wall.
Replacing sash which contribute to the character of the building with those that are incompatible in size,
configuration, and reflective qualities or which alter the setback relationship between window and wall.
Installing heating / air conditioning units in the window frames when the sash and frames may be
dama ed. Window installations should be considered onl when all other viable heatin / coolin
systems would result in significant damage to historic material.
STOREFRONTS
RECOMMENDED
Retaining and repairing existing storefronts, including windows, sash, doors, transoms, signage, and
decorative features where such features contribute to the architectural and historic character of the
building.
Where original or early storefronts no longer exist or are too deteriorated to save, retaining the
commercial character of the building through (1) contemporary design which is compatible with the
scale, design, materials, color, and texture of the historic buildings, or (2) an accurate restoration of the
storefront based on historical research and physical evidence.
NOT RECOMMENDED
Introducin a storefront or new desi n element on the round floor such as an arcade which alters the
architectural and historic character of the building and its relationship with the street or its setting or
which causes destruction of significant historic fabric.
Using materials which detract from the historic or architectural character of the building, such as
mirrored glass.
Altering the entrance through a significant storefront.
ENTRANCES, PORCHES, AND STEPS
RECOMMENDED
Retaining porches and steps that are appropriate to the building and its development. Porches or additions
reflecting later architectural styles are often important to the building's historical integrity and, wherever
possible, should be retained.
Repairing or replacing, where necessary, deteriorated architectural features of wood, iron, cast iron, terra
cotta, tile, and brick.
NOT RECOMMENDED
Removing or altering porches and steps that are appropriate to the building's development and style.
PAGE 25 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
Stripping porches and steps of original material and architectural features, such as hand rails, balusters,
columns, brackets, and roof decoration of wood, iron, cast iron, terra cotta. tile, and brick.
Enclosing porches and steps in a manner that destroys their intended appearance.
* For more information, consult Preservation Briefs:
1) "The Cleaning and Waterproofing of Masonry Buildings"
2) "Repointing Mortar Joints in Historic Brick Buildings" (Washington, D.C.; Heritage
Conservation and Recreation Service, 1975 and 1976). Both are available from the
Government Printing Office or State Historic Preservation Officers.
** For more information, consult Preservation Briefs:
3) "Conserving Energy in Historic Buildings" (Washington, D.C.; Heritage Conservation
and Recreation Service, 1978). It is available from the Government Printing Office or
State Historic Preservation Office.
4) Applicable sections of the Secretary of the Interior's Guidelines for Rehabilitating
Historic Buildings shall be used as criteria for applications to alter elements in historic
resources that were not listed in Appendix B.
PAGE 26 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
APPENDIX "D"
THE FEDERAL REQUIREMENTS
OF THE CERTIFIED LOCAL GOVERNMENT
(1) Enforce Appropriate State or Local Legislation for the Designation and Protection of Historic
Properties. Federal regulations are found in 36 CFR 61.6. For the purpose of the CLG Program, the Act
defines:
a. "Designation" as "the identification and registration of properties for protection that meet
criteria established by the State or the locality for significant historic and prehistoric resources
within the jurisdiction of a local government." Designation includes the identification and
registration of resources according to State or local criteria which must be consistent with the
Secretary of the Interior's Standards for Identification and Registration. Adoption of the National
Register criteria is encouraged.
b. "Protection" as "a local review process under State or local law for proposed demolition of,
changes to, or other action that may affect historic properties designated pursuant to" a local
government becoming a Certified Local Government. The CLG's local protection review
process of the Act applies only to properties designated pursuant to State -or local laws and
procedures. This would not include properties listed on or determined eligible for the National
Register of Historic Places unless such properties also were designated under.the appropriate
State or local process.
c. In its CLG procedures, each State must define what constitutes appropriate State or local
legislation for the designation and protection of historic properties and its enforcement. NPS
does not require State or local legislation regarding designation and/or protection as a
prerequisite for certification. However, if State and/or local legislation is required in the State's
certification procedures, that legislation must be consistent with the Act and with the definitions
above (for designation and/or protection).
(2) Establish an Adequate and Qualified Historic Preservation Review Commission by State or Local
Legislation. "Historic preservation review commission" means a board, council, commission, or other
similar collegial body established by State or local legislation. The members must be appointed, unless
otherwise provided by State or local legislation, by the chief elected official of the jurisdiction. Members
must be drawn from professionals in architecture, history, architectural history, planning, prehistoric and
historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or
related disciplines to the extent such professionals are available in the community concerned, and such
other persons as have demonstrated special interest, experience, or knowledge in history, architecture, or
related disciplines. NPS regulations regarding commissions are found in 36 CFR 61.6.
a. If no State law exists that allows the establishment of local commissions, the State will require
the local government to establish a commission by law or ordinance, or other official action.
PAGE 27 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
b. The State may define "adequate and qualified" within the limits of 36 CFR 61.6, but the
requirements set shall not be more stringent or comprehensive than the State's requirements for
the State Review Board.
c. A State may specify in its State CLG procedures or incorporate by reference in State CLG
procedures, the minimum number and type of professional members that the local government
shall appoint to the commission, and indicate how additional expertise may be obtained. A local
government may be certified without the minimum number or types of disciplines if it can
provide written documentation to the SHPO that it has made a reasonable effort to fill those
positions. However, if the SHPO has delegated State Review Board responsibilities to the
Certified Local Government for that jurisdiction, the local commission must meet all applicable
Review Board requirements, and perform all Review Board responsibilities.
d. When a professional discipline is not represented in the commission membership, the
commission shall seek expertise in this area from persons meeting the Secretary of the Interior's
Professional Qualification Standards, as appropriate.
3. Maintain a System for the Survey and Inventory of Properties that furthers the Purposes of the Act.
a. The State shall promulgate guidelines for local survey and inventory systems that ensure that
such systems and the data produced can be readily integrated into SHPO inventories, the
statewide comprehensive historic preservation plan, and other appropriate State and local
planning processes. CLG survey data shall be in a format consistent with SHPO inventory
requirements and shall not be inconsistent with the Secretary of the Interior's "Standards for
Identification and Evaluation." This policy does not apply to survey data produced by local
governments before the effective date of CLG certification.
4. Provide for Adequate Public Participation in the Local Historic Preservation Program.
a. The State shall define in writing minimum requirements for public participation in the conduct
of overall CLG activities. These minimum requirements must include provision for open
meetings (which must include public participation in the National Register Nomination process),
minutes that are publicly available, and the publication and dissemination of commission
procedures, as well as compliance with local, State, and Federal public participation regulations.
5. Satisfactorily Perform the Responsibilities Delegated to it Under the Act. Each local government must
have the legal authority to fulfill the minimum requirements specified by the SHPO in its NPS -approved
CLG procedures.
PAGE 28 OF 28 — EXHIBIT "A" TO ORDINANCE 2010-019
Chapter 2.28. HISTORICAL PRESERVATION AND HISTORICAL LANDMARKS
COMMISSION
2.28.010. Purpose.
2.28.020. Definitions.
2.28.030. Applicability.
2.28.040. Administration.
2.28.050. Criteria.
2.28.060. Procedures.
2.28.070. Historic and Cultural Resource Survey and Inventory.
2.28.080. Designation not a Recommendation for Federal Action.
2.28.090. Exterior Alteration and New Building Restrictions.
2.28.100. Demolition Permits and Condemnation Proceedings.
2.28.110. Demolished Historical Buildings -Records and Artifact Preservation.
2.28.120. Signs/Plaques.
2.28.130. Redevelopment and Neighborhood Improvement Projects.
2.28.140. Enforcement of State Preservation Laws.
2.28.150. Appeals.
2.28.160. Penalties.
2.28.170. Oregon State Special Assessment of Historic Properties.
2.28.010. Purpose.
A. Districts, buildings, structures and sites in Deschutes County which have special historic and prehistoric
association or significance should be preserved as part of the heritage of the citizens of the County, and
for the education, enjoyment and pride of the citizens, as well as for the beautification of the County
and enhancement of the value of such property.
B. To that end, regulatory controls and administrative procedures are necessary.
(Ord. 2010-019 §1; Ord. 88-008 §1, 1988)
2.28.020. Definitions.
As used in DCC 2.28 the following words and phrases are defined as set forth in DCC 2.28.020.
"Alteration" means the addition to, or removal of, or physical modification of any exterior part, structure or
portion of a structure and/or building.
"Architectural significance" means that the structure and/or building or district:
A. Portrays the environment of a group of people in an era of history characterized by a distinctive
architectural style;
B. Embodies those distinguishing characteristics of an architectural type
C. Is the work of an architect or master builder whose individual work has influenced the development of
the county; or
D. Contains elements of architectural design, detail, materials or craftsmanship which represent a
significant innovation.
"Board" means the Deschutes County Board of County Commissioners.
PAGE 1 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
"Demolish" means to raze, destroy, dismantle, deface or in any other manner cause partial or total ruin of a
designated structure.
"Exterior" means any portion of the outside of a designated historical structure and/or building, or structure
and/or building in a designated historic district or any addition thereto.
"Historic" means 50 -years old or older.
"Historic Artifacts" means three-dimensional objects including furnishings, art objects, architectural
elements, building materials and items of personal property which have historic significance. "Historic
artifacts" does not include photographs, paper, electronic media or other media that are classified as
public records.
"Historic or Cultural Resource" means a historic or cultural site, building, structure, object, historic
district, and their significant settings or any combination of these resources that are listed on the National
Register of Historic Places, or are within a historic district that was listed on the National Register of
Historic Places, and/or are designated by the Deschutes County Board of Commissioners on the County's
Goal 5 list of Historic and Cultural Resources.
"Historical Significance" means that the structure and/or building or district:
A. Has character, interest or value as part of the development, heritage or cultural characteristics for the
county, state or nation;
B. Is the site of a historic event with an effect upon society;
C. Is identified with a person or group of persons who had some influence on society; and/or
D. Exemplifies the cultural, political, economic, social or historic heritage of the community.
"Inventory" is a survey, map, or description of one or more resource sites that is prepared by a local
government, state or federal agency, private citizen, or other organization and that includes information
about the resource values and features associated with such sites. As a verb, "inventory" means to
collect, prepare, compile, or refine information about one or more resource sites.
"Landmark" means an object or structure of special historical significance which has been designated as a
historic or cultural resource.
"Landmarks Commission" means the Deschutes County Historical Landmarks Commission.
"Maintenance" means the process of mitigating the wear and deterioration of a property without altering the
historic character of the property, including action taken to protect and repair the condition of the property
with the least possible impact on the historic character of the property.
"Major Alteration" means an alteration which could adversely affect the historical or architectural
significance of a historic resource. Examples include alterations to the front facade, additions, exterior
remodels or alterations to the setting that remove significant historic elements or add features that are
incompatible with the historic or prehistoric period, thereby losing interpretive value
PAGE 2 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
"Minor Alteration" means an alteration which does not affect the historical or architectural significance of a
stricture."Planning Division" means the Planning Division of the County Community Development
Department.
"Object" means to distinguish from buildings and structures those constructions that are primarily artistic
in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design,
moveable, an object is associated with a specific setting or environment.
"Preservation" means the process of applying measures necessary to sustain the existing form, integrity,
and materials of a historic property, including but not limited to the ongoing maintenance and repair of
historic materials but; not including the extensive replacement of historic materials or new construction.
"Property Owner" means the owner of record or the contract purchaser and does not include a person or
organization that holds a security interest.
"Protect" means to require Landmarks Commission review of applications for demolition, removal, or
exterior alteration of a historic resource, new construction or signs on the designated property in
accordance with the provisions of this ordinance so that the defining characteristics of the building and
its site and environment are retained.
"Reconstruction" means the process of depicting, by means of new construction, the form, features, and
detailing of a non -surviving site, landscape, building, structure, or object for the purpose of replicating its
appearance at a specific period of time and in its historic location.
"Rehabilitation" means the process of returning a property to a state of utility, through repair or
alteration, which makes possible an efficient contemporary use while preserving those portions and
features of the property which are significant to its historic, architectural, and cultural values. See
Appendix "C" The Secretary of the Interior's Standards for Rehabilitation for the ten basic principles
created to help preserve the distinctive character of a historic building and its site, while allowing for
reasonable change to meet new needs.
"Replacement" means the process of replacing historic materials and features with new materials when
the deterioration of a character -defining material or feature is so extensive that protection, maintenance,
or repair is not possible. Replacing severely deteriorated or damaged historic materials with new
materials of the same kind as the historic materials and in the same design as the historic element is
"replacement."
"Restoration" means the process of accurately depicting the forms, features and character of a property as
it appeared at a particular period of time, by means of the removal of features from other periods in its
history and reconstruction of missing features from the restoration period.
"Site" means the location of a significant event, prehistoric or historic occupation or activity, or a
building or structure, whether standing, ruined, or vanished, where the location itself possesses historical,
cultural, or archaeological value regardless of the value of any existing structure.
"Structure" means anything constructed or built, any edifice or building or any kind, or any
pieces of work architecturally built or composed of parts joined together in some definite
manner.
PAGE 3 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §2, 1988)
2.28.030. Applicability.
This code applies to any Historic or Cultural Resource within Deschutes County that was designated as a
historic resource by the Deschutes County Board of Commissioners or was listed on the National
Register of Historic Places, or is located within a historic district that was listed on the National Register
of Historic Places.
(Ord. 2010-019 §1)
2.28.040. Administration.
A. The Landmarks Commission is composed of nine voting and undetermined number of non-voting ex -
officio members who have demonstrated expertise in historic preservation related disciplines:
1. The Mayor of Bend, with the advice and consent of City Council, shall appoint four Commissioners
to represent the City of Bend;
2. The Mayor of Redmond shall appoint one Commissioner to represent the City of Redmond;
3. The Mayor of Sisters shall appoint one Commissioner to represent the City of Sisters; and
4. The Board shall appoint one Commissioner to represent the unincorporated portion of the county.
5. Upon recommendation of the respective association president, the Board shall appoint one
Commissioner to represent the Historical Society and one Commissioner to represent the Deschutes
County Pioneer Association; and
6. The ex -officio members shall be appointed by the Deschutes County Board of Commissioners.
B. Landmarks Commissioners shall be qualified as defined in the National Park Service's Certified Local
Government Program requirements (Appendix "D" Section 2). Appendix "D", by this reference, is
incorporated herein.
C. Landmarks Commissioners serve four-year terms. 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.
D. Ex -Officio Members.
1. 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.
2. These ex officio members shall not be entitled to vote.
3. 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.
E. The officers of the Landmarks Commission shall consist of a chairperson, vice -chairperson and
secretary, each elected by a majority vote.
F. The regular time, place and manner of notice of meetings shall be fixed by rules of the Landmarks
Commission. However, the Landmarks Commission shall meet at least on a quarterly basis.
G. The Landmarks Commission shall establish and adopt its own rules of procedure. The Landmarks
Commission shall submit an annual report to the Board.
H. Any clerical and staff assistance necessary shall be provided by the County Planning Division staff
when appropriate.
I. The Landmarks Commission shall serve as a hearings body for matters concerning historic and cultural
resources within the County and the cities of Bend, La Pine, Redmond and Sisters.
J. The commission may adopt such procedural rules and regulations as it finds necessary or appropriate to
carry out DCC 2.28. Such rules and regulations shall be approved by the Board.
PAGE 4 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
K. The 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, buildings and/or structures or sites.
L. The commission shall have authority to inspect or investigate any district, building and/or structure or
site in the County which it is requested to designate, or which it has reason to believe is an architectural
and/or historical landmark.
M. The commission shall review all information which it has and shall hold hearings as prescribed in DCC
2.28.
N. The commission shall have authority to coordinate historical preservation programs of the county, state
and federal governments, as they relate to property within the County.
O. The commission may recommend to the Board or the State Legislature any changes of law which it
finds appropriate.
P. Current List of Historic and Cultural Resources.
1. The commission shall compile and maintain a current list of all historical and cultural resources,
the applicable tax lots and addresses, the date of designation, and a brief description of the resource
and reasons for inclusion.
2. Disclosure of the locations and descriptions of designated archaeological sites is subject to
appropriate state and federal laws.
Q. The commission shall notify all property owners of sites recommended for designation of such
recommendation. The site will not be approved for a historic designation unless the property owners at
the time of designation support the local designation of their property as a historic or cultural resource.
R. The 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/or
structures and sites to be designated pursuant to DCC 2.28.
S. The Landmarks Commission shall perform such other duties relating to historical matters as the Board
of County Commissioners may request.
T. Commissioners shall serve without compensation.
(Ord. 2010-019 §1; Ord. 2005-029 §1, 2005; Ord. 95-027 §1, 1995; Ord. 88-008 §3, 1988; Ord. 88-008
§4, 1988; Ord. 88-008 §5, 1988; Ord. PL -21 §2, 1980; Ord. PL -21 §3, 1980)
2.28.050. Criteria.
A. The evaluation and designation of historic districts, buildings and/or structures and sites shall be based
on the following criteria:
1. The factors listed on the County Landmarks Commission rating sheet, a copy of which is set out in
Appendix A at the end of DCC 2.28.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §6, 1988)
2.28.060. Procedures
A. Historical Building or Site -Designation Procedure.
1. Upon receipt of a request from the Landmarks Commission to designate a particular building,
structure, object or site as an historical or cultural resource or upon direction by the Board or on its
own motion, the Planning Division shall fix a date and time for a public hearing on the ordinance
before the Board.
2. Any request for historical or cultural designation must be filed with the County planning division
before the date of application for any building permit, or any other application or permit which
might be affected by such historical designation.
PAGE 5 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
3. The Planning Division shall notify, in writing, the property owner, the County Planning
Commission and Landmarks Commission , of the public hearing before the Board at Least 10 days
prior to the public hearing.
4. The Landmarks Commission shall submit its recommendation to the Board at least 10 days prior to
the public hearing.
5. At such public hearing, the owner of the property involved, a representative of the Landmarks
Commission and all other interested parties shall be entitled to be heard.
6. If the Board determines that a property or properties proposed for designation has significance
based upon the criteria in "Appendix A", the Board may designate such districts, sites, buildings,
structures or objects as historical or cultural resources.
7. If the Board finds that a particular site is significant, the Board may designate the same as an
historical resource.
8. If any historical building has been demolished or destroyed, the Board, on its own motion or upon
recommendation of the Landmarks Commission, may remove the historical building designation
therefrom.
9. At the time of annexation to a city, all properties with locally designated historical and cultural
resources within the annexation area shall retain their resource designations within city jurisdiction
unless a public hearing by the applicable City Council is held to remove the resource designation.
Listing on the National Register of Historic Places is a federal action and is not affected by
annexation.
B. Historical Resource -Designation Procedure.
1 If the Board finds that a particular building, structure, object or site does not meet the criteria as
outlined in DCC 2.28.050 for historical designation, the Board may designate said building,
structure, object or site as a building or site of historical interest.
2. Buildings, structures or sites designated as being of historical interest shall be subject to the
requirements of DCC 2.28 only in the event of demolition or major alteration. In such cases, the
owner of the building, structure or site must notify the Planning Division not less than 10 days prior
to said demolition or major alteration, so that the County may photograph the site or building.
3. The Board and/or Landmarks Commission may also make recommendations to the owner regarding
alternatives to demolition or major alteration which preclude future designation as historical
resource. Such recommendations are not binding upon the owner.
C. Historic District -Designation Procedure.
1. Upon receipt of an application from a private party or group of people or upon the request from the
Landmarks Commission for local designation of a historic district within the unincorporated County
or upon direction by the Board or upon its own motion, the Planning Division shall fix a date and
time for a public hearing before the Board on a historic district recommended for designation. This
section is not applicable to nominations for listing historic districts on the National Register of
Historic Places..
2. The County Planning staff shall notify, in writing, owners of record of all properties within the
proposed historic district and shall transmit a copy of the request to the Planning Commission and
Landmarks Commission.
3. The Landmarks Commission shall submit its recommendation to the Board at least 10 days prior to
the public hearing.
4. At the public hearing, the owners of any property involved, a representative of the Landmarks
Commission and all other interested parties shall be entitled to be heard.
5. If the Board determines that an area proposed to be designated as an historic district has historic
and/or architectural significance, the Board may designate such area as an historic district.
PAGE 6 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
6. If an area outside the incorporated cities but inside the adopted urban growth boundary is proposed
to be designated as an historic district, the pertinent city council may recommend to the Board that
such area be designated as an historic district.
7. An area may be designated an historic district even if all sites or buildings within a district are not
of historical or architectural significance, provided that the district as a whole is of such
significance.
8. If the primary or significant buildings within an historic district have been demolished or destroyed,
the board on its own motion, may remove the local historic district designation. National register
listed properties must follow a federal process for removal.
9. If the designation is proposed to be removed from any local historic district for any reason other
than that set forth in DCC 2.28.060(C)(8), then similar notices, recommendations and hearings shall
be held as upon the designation of the historic district in the first instance.
10. Any request for historic district designation must be filed with the Landmarks Commission before
the date of application for any building permit, conditional use permit or other application or permit
which might be affected by such historic designation.
11. If a designated historic district is within an area to be annexed to a city, at the time of its annexation
to the city that historic district shall automatically revert to within city jurisdiction.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §10, 1988; Ord. 88-008 §9, 1988; Ord. 88-008 §8,
1988; Ord. PL -21 §4, 1980; Ord. PL -21 §5, 1980)
2.28.070. Historic and Cultural Resource Survey and Inventory
A. The Landmarks Commission shall periodically survey and inventory properties potentially eligible for
listing in the Deschutes County Goal 5 Inventory- of Historic and Cultural Resources and/or National
Register of Historic Places within unincorporated Deschutes County
1. Survey and inventory documents shall be maintained, periodically updated, and open to the public.
2. Survey and inventory documents and processes shall be compatible with the practices of the Oregon
State Historic Preservation Office for maintaining the Oregon Inventory of Historic Sites.
3. Records concerning archeological sites shall not be made available to the public.
4. Properties included in the Cultural Resource Inventory are not subject to the provisions of DCC
2.28.050 and 2.28.060.
(Ord. 2010-019 §1)
2.28.080. Designation not a Recommendation for Federal Action.
A. Nothing in DCC 2.28 and no designation adopted under DCC 2.28 shall be interpreted as a
recommendation by the Board 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.
B. No such recommendation or certification shall be made by any jurisdiction in the County without notice
to affected parties and an additional hearing thereon.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §11, 1988; Ord. PL -21 §6, 1980)
2.28.090. Exterior Alteration and New Building Restrictions.
A. Except as provided in DCC 2.28.090(1), no person may demolish or alter any historic or cultural
resource in such a manner as to affect its exterior appearance or integrity, nor may any new structure
and/or building be constructed in an historic district, unless a certificate of approval has been issued by
the Landmarks Commission and the County.
PAGE 7 OF 26 - EXHIBIT "A" TO ORDINANCE 2010-019
B. Application for a certificate of approval for exterior demolition, alteration or new construction under
DCC 2.28.090 shall be made to the planning division and shall be referred to the Landmarks
Commission for review and/or hearing. Quasi-judicial applications shall follow DCC Chapter 22.
C. All applications for alteration or new construction shall be accompanied by appropriate plans and/or
specifications.
D. Any request for a certificate of approval for demolition, exterior alteration or new construction must be
filed prior to or in conjunction with an application for any building or land use permit.
E. Upon approval by the Chair of the Landmarks Commission, applications for minor alterations may be
processed administratively.
F. Applications for major alterations shall be forwarded to the Landmarks Commission.
G. Applications for certificates of approval for exterior alterations to structures and/or buildings in an
historic district or to a designated historical structure and/or building shall be evaluated by the
Landmarks Commission under the following criteria:
1. Applicable provisions of the County Comprehensive Plan;
2. Applicable sections of the Secretary of the Interior's Standards and Guidelines for Rehabilitation;
3. The reasonableness of the proposed alteration and its relationship to the public interest in the
structure's and/or building's preservation or renovation;
4. The design review guidelines set out in Appendix B at the end of DCC 2.28;
5. The physical condition of the structure and/or building;
6. The general compatibility of proposed exterior design, arrangement, proportion, detail, scale, color,
texture and materials proposed to be used on the existing structure and/or building;
7. Whether the alteration is required to remedy an unsafe or dangerous condition;
8. Other pertinent aesthetic factors, as appropriate.
H. Applications for certificates of approval for new construction of structures and/or buildings in an
historic district shall be evaluated by the Landmarks Commission under the following criteria:
1. The purpose of DCC 2.28;
2. The provisions of the County Comprehensive Plan;
3. The economic effect of the new structure and/or building on the historical value of the district;
4. The effect of the proposed new structure and/or building on the historical character of the district;
5. The general compatibility of the proposed exterior design, arrangement, proportion, detail, scale,
color, texture and materials proposed to be used in the construction of the new structure and/or
building;
6. The design review guidelines set out in Appendix B at the end of DCC 2.28 are the criteria for new
construction;
I. All decisions on certificates of approval shall be in writing.
J. Nothing in DCC 2.28 shall be construed to prevent the ordinary maintenance or repair (e.g., painting) of
exterior architectural features of a building or structure which does not involve a change in design or
type of materials.
K A change in design or type of materials shall be allowed if the County building official states in writing
that the repair is necessary for personal or public safety due to an unsafe or dangerous condition in or on
the building or structure.
L. All decisions concerning certificates of approval under DCC 2.28.090 are subject to appeal to the
Board, as provided in DCC 2.28.150.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §12, 1988; Ord. PL -21 §7, 1980)
PAGE 8 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
2.28.100. Demolition Permits and Condemnation Proceedings.
A. No demolition of any designated historical structure and/or building, or structure and/or building within
an historic district or landmark shall be allowed except with the approval of the Landmarks
Commission. A demolition or removal permit application shall be transmitted, before action is taken, to
the Landmarks Commission.
B. Upon receipt of an application for a permit for demolition or removal, the Landmarks Commission shall
notify the applicant in writing, and the owner of the property, if the owner is not the applicant.
C. The Landmarks Commission shall hold a public hearing within 30 days of receipt of the application.
The applicant, the owner of the property and any interested parties shall be entitled to be heard.
D. In determining whether to approve the demolition or removal proposed in the application, the
Landmarks Commission shall consider the following:
1. All plans, drawings and photographs as may be submitted by the applicant;
2. Information presented at the public hearing;
3. The County Comprehensive Plan;
4. The purpose of DCC 2.28;
5. The criteria used in the original designation of the historical structure, building or district;
6. The historical and architectural style, the general design, arrangement, materials of the structure
and/or building, its appurtenant fixtures, and the relationship of such features to similar features of
other buildings within the County, and the position of the structure and/or building in relation to
public rights-of-way and to other buildings and structures in the area;
7 The effects of the proposed demolition or removal upon the protection, enhancement, perpetuation
and use of the structure and/or building which cause it to possess a special character, or special
historical or aesthetic interest or value;
8. Whether the demolition or removal is proposed to abate a nuisance or a hazardous condition;
9. Whether delay of the demolition or removal will cause substantial hardship to the applicant.
E. If the Landmarks Commission approves the demolition or removal and if no appeal is filed, the
appropriate County building official shall issue a demolition or removal permit in accordance with all
applicable codes and ordinances of the County.
F. Postponement.
1. The Landmarks Commission may postpone action on an application for a demolition or removal
permit if the commission determines that there is a program or project under way which would
result in public or private acquisition or relocation of such structure and/or building or site, and that
there are reasonable grounds to believe that such program or project may be successful.
2. In such case, the Landmarks Commission may suspend consideration of the application for a period
not to exceed 90 days.
3. During such period of suspension, no permit shall be issued for such demolition or removal, nor
shall any person demolish or remove the structure and/or building.
4. If any such program or project appears to the Landmarks Commission to be unsuccessful and the
applicant has not withdrawn the application for a demolition or removal permit, the building official
shall issue a permit if the permit application otherwise complies with the codes and ordinances of
the County.
G. Action by the Landmarks Commission suspending issuance of a permit for demolition or removal may
be appealed by the applicant, the owner or the occupant, by filing a notice of appeal as provided in DCC
2.28.150.
H. Condemnation.
1. Before any action is taken by a public entity to condemn a structure and/or building designated as a
historic building or site or any structure and/or building within a designated historic district, the
PAGE 9 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
Landmarks Commission shall review the report of the County building safety division and/or any
other County departments relating to the condition of the building and premises and the extent of its
danger, deterioration or decay.
2. The Landmarks Commission shall report on its review and make a recommendation concerning
action to the Board before official action of condemnation is instituted.
I. The Landmarks Commission may identify specific structures and/or buildings within a designated
historic district which will be exempt from the provisions of DCC 228.100.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §13, 1988; Ord. PL -21 §8, 1980)
2.28.110. Demolished Historical buildings -Records and Artifact Preservation.
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 acquire historic artifacts from the building or site which it deems worthy
of preservation.
C. Status of Historic Property at New Location
1. When an historic property is moved to a new location, the historic property status is retained for
that property at the new site unless the County, using the process required for designation of a
historic property, determines that the historic or cultural resource is no longer appropriate.
2. If the property retains historic property status at the new site, the County may review and modify
the development standards and designation as appropriate, using the process required for
designation.3. Deschutes County will notify the State Historic Preservation Office documenting
the new location.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §14, 1988; Ord. PL -21 §9, 1980)
2.28.120. Signs/Plaques.
The owner of a historic resource, or the occupant thereof with the consent of the owner, may install an
identification plaque or sign indicating the name, date, architect and other appropriate information upon the
property, provided that the size, material, design, location and text of such plaque or sign is approved by the
Landmarks Commission.
A. No sign or plaque may be displayed on an historic resource except for signs or plaques approved by the
Landmarks Commission, in conformance with Deschutes County sign code.
B. Signs that are freestanding, painted on the windows or glass doors or that are similar to signs shown in
historic photographs of the structure are encouraged.
C. Signs must be attached to the structure in such away as to not cause irreversible damage to the building.
New signs will be attached by reusing existing hardware whenever possible. New brackets and bolts
on masonry buildings shall be put only in wood or mortar, and not in bricks or rock.
D. The size of the sign must be in proportion to the size of the historic building.
E. The placement of the sign shall not obscure significant architectural elements of the building.
F. The type of the sign, font, design and shape of the sign should be compatible with the historic building
and the historic character of the historic district.
G. The materials of which the sign is made must be compatible with the historic building and the historic
character of the historic district.
H. Back lighted metal -framed plastic signs are discouraged.
(Ord. 2010-019 §1; Ord. 95-027 § 1, 1995; Ord. 88-008 § 15, 1988; Ord. PL -21 § 10, 1980)
PAGE 10 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
2.28.130. Redevelopment and Neighborhood Improvement Projects -Review by Commission.
A. In any redevelopment or neighborhood improvement project administered by a department of county, or
submitted to the Board 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.
B. A report thereon by the Landmarks Commission shall be filed with the Board, and a copy shall be sent
to the appropriate County department.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §16, 1988; Ord. PL -21 §11, 1980)
2.28.140. Enforcement of State Preservation Laws.
A. The Board and Landmarks Commission shall support the enforcement of all state laws relating to
historic preservation.
B. These state laws include but are not limited to ORS 197.772 (Consent for designation for historic
property), ORS 358.653 (Conservation Programs, Leases), and ORS 358.475 through 358.541 (Special
Assessment).
C. Applications to alter a cultural resource shall be forwarded to the state archeologist for comment.
Deschutes County shall utilize applicable sections of the Secretary of the Interior's Standards and
Guidelines for Archeology.
(Ord. 2010-019 §1)
2.28.150. Appeals.
A. Appeals from actions of the Landmarks Commission shall be to the Board and may be filed by the
applicant, the owner or occupant of the building, structure, site or district concerned, or by any other
person who participated in the hearing.
B. Unless a request for reconsideration has been filed, the notice of appeal and appeal fee must be received
at the offices of the Deschutes County Community Development Department no later than 5:00 PM on
the twelfth day following mailing of the decision. If a decision has been modified on reconsideration, an
appeal must be filed no later than 5:00 PM on the twelfth day following mailing of the decision as
modified. Notices of Appeals may not be received by facsimile machine.
C. The appeal shall be conducted according to the terms of the applicable County ordinance.
D. A decision of the Board may be appealed to the land use board of appeals as provided by law.
(Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §17, 1988; Ord. 86-023 §1, 1986; Ord. PL -21 §12,
1980)
2.28.160. Penalties.
Violation of DCC 2.28.090(A), DCC 2.28.100(A) is a Class A violation. A Class A violation is defined in
DCC 1.16.010.
(Ord. 2010-019 §1; Ord. 2003-021 §7, 2003; Ord. 95-027 §1, 1995; Ord. 93-053 §1, 1993; Ord. 91-039 §1,
1991)
2.28.170. Oregon State Special Assessment of Historic Properties.
A. For application for interior or exterior restoration, rehabilitation, alteration, demolition, or new
construction of structures located on a property that is listed on the National Register of Historic Places
and is benefiting from the Oregon Special Assessment Program, the applicable sections of this code, the
PAGE 11 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
Secretary of the Interior's Standards and Guidelines for Rehabilitation and the approved Preservation
Plan will be used as criteria to determine the appropriateness and reasonableness of the application.
B. After the application is deemed complete by CDD staff, a copy of the application will be sent to the
Oregon State Historic Preservation Office for comment within one week.
(Ord. 2010-019 §1)
PAGE 12 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
APPENDIX "A"
DESCHUTES COUNTY LANDMARKS COMMISSION
HISTORIC RESOURCE RATING SHEET
RATING
NAME OF HISTORIC RESOURCE
ADDRESS
MAP AND TAX LOT
EVALUATOR
DATE
Scoring on Scale of 1-5
5 - Excellent
4 - Very Good
3 - Good
2 - Fair
1 - Poor
0 - Non-existent
Factors
Relative
Importance
Weighted
Rating
1. Interpretive Potential: Property is associated with pre -historic or
historic events, is related to the broad cultural history of the nation,
state or community, or is included on the National Register of
Historic Places, or has yielded or is likely to yield information
important to prehistory or history.
3.0 x
2. Rarity of type and/or Style: Property represents a period of
history or prehistory or style of architecture or method of
construction of extraordinary or unusual design, detail, materials,
or craftsmanship; or is identified as the work of an architect,
designer or master builder whose work has influenced development
in the nation, state or community.
2.0 x
3. Identification: Property is identified with a person or persons
who have significantly contributed to the history of the City or
County.
1.5 x
4. Symbolic Value: Property represents an aesthetic or educational
feature of the community, or has contributed to the cultural or
economic history of the area.
1.5 x
5. Chronology: Property was developed early in the relative scale
of local history or was an early expression of a type or style of
structure or development.
1.0 x
PAGE 13 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
APPENDIX "B"
DESIGN REVIEW GUIDELINES
A. GENERAL
1. New construction shall be compatible in size, form, scale, materials, and texture with
adjacent historic buildings and/or with dominant architectural character of the district.
2. Contemporary designs expressing the elements described in (1. Above) are
encouraged.
3. Imitating in detail an earlier style of architecture is discouraged.
B. SITING
1. In addition to the zoning requirements, the relationship of new additions to the street
and to the open space between buildings shall be compatible with adjacent historic
buildings and with the historic character of the surrounding area.
2. New additions shall be sited so that the impact to the primary facades(s) is kept to a
minimum. Additions shall generally be located at the rear portions of the property or in
such locations where they have the least visual impact from public ways.
C. LANDSCAPE
1. Traditional landscape elements evident in the district - grass, trees, shrubs, picket
fences, etc. - should be preserved and are encouraged in site redevelopment.
2. Landscaping such as trees, bushes, foundation plantings, garden beds or brick or
paving work shall not be regulated by the Commission with the exception of removal or
radical trimming of large established trees or vegetation (potentially 50 years or older),
except where necessary for immediate public safety as determined by a certified arborist
and the Deschutes County Planning Division.
3. No Commission review is required if any new walls or fencing on a historic resource
property complies with all the standard fencing requirements as listed in the Deschutes
County Code Chapter 2.28 as well as comply with the following standards.
a. Rear Lot fencing shall be a typical board fencing, brick, or native Central
Oregon drystack mortared stones.
b. Fencing between the front or side walls of a structure abutting a road right of
way shall be a typical picket fencing, brick or native Central Oregon drystack mortared
stones with the exception of property located within the Drake Park Neighborhood
Historic District. All new fencing between the front or side walls of structure abutting a
road right of way shall require review and approval by the Commission.
PAGE 14 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
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D. BUILDING HEIGHT
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1. In addition to the zoning requirements, the height of new additions shall not exceed
the height of the historic building, or of historic buildings in the surrounding area. The
surrounding area includes either historic building(s) within 250 feet of the subject
property or similar style historic buildings within Deschutes County.
E. BUILDING BULK
1. The apparent size of primary elements of new construction shall not exceed that
of the largest adjacent historic building and the surrounding area.
2. New additions smaller than the historic building or the historic buildings in the
surrounding area are encouraged.
(a) Where new additions must be larger, the new addition shall be
articulated in such a manner that no single element is visually larger than
the historic building or larger than the surrounding historic buildings.
F. PROPORTION AND SCALE
1. The relationship of height to width of new additions and their sub -elements, such
as windows and doors and of alterations, shall be compatible with related elements of
the historic building and with the historic character of the surrounding area. Such as
the typical historic windows which have an approximate proportion of 2 vertical to 1
horizontal.
2. The relationship of solids to voids (wall to window) shall be compatible with
related elements on the historic building and with the historic character of the
surrounding area.
3. The relationship of height to width of primary and secondary elements of new
construction shall be compatible with the dominant historic character of the district or
similar historic buildings within Deschutes County.
G. EXTERIOR FEATURES
PAGE 15 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
1. General
(a) To the extent practicable, original historic architectural elements and materials shall
be preserved.
(b) Architectural elements and materials for new additions shall be compatible with
related elements of the historic building and with the historic character of the
surrounding area.
(c) The preservation, cleaning, repair, and other treatment of original materials shall be
in accord with the Secretary of Interior's Standards of Rehabilitation and Guidelines for
Rehabilitating Historic Buildings Appendix "C".
(d) Exterior features such as bays, porches, balconies, and other architectural elements
that establish the district's historic character are encouraged in new construction.
2. Foundations:
(a) Concrete or masonry foundations to replace deteriorated wood foundations are
encouraged. Such new foundations shall be covered with board skirting or similar
treatment to match the original appearance and extend to within six to eight inches (6" -
8") of the ground level.
(b) Concrete or masonry foundations for new additions need not be covered with
material that stimulates earlier construction.
(c) New foundations shall not significantly alter the historic elevation of the building.
3. Materials:
(a) New construction should employ materials traditional to the district --wood, stone,
and brick. Such materials should be employed in their traditional configuration, e.g.,
drop siding, common brick, standard shingles.
(b) Inappropriate materials such as plywood, plastic and metal sidings, imitation brick
and stone, and raw aluminum window frames that are not part of a "clad" window
system are discouraged.
4. Roofs:
(a) Roofs on new additions shall be of forms (gabled, hipped, etc.) that are compatible
with the historic building and the historic character of the district.
(b) Metal roof material is discouraged.
5. Garages/Carports:
(a) When feasible, garages and carports should be located on the site where they have the
minimum visual impact from public ways.
PAGE 16 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
(b) Where garages must face the street front, they should be designed to minimize their
bulk and visual impact. Single -car garage doors should be employed.
(c) Detached garages are encouraged.
PAGE 17 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
APPENDIX "C"
THE SECRETERY OF THE INTERIOR'S STANDARDS
FOR REHABILITATION
The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for
Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings are intended to provide
guidance to historic building owners and building managers, preservation consultants, architects,
contractors, and project reviewers prior to treatment. As noted, while the treatment Standards are
designed to be applied to all historic resource types included in the National Register of Historic Places --
buildings, sites, structures, districts, and objects --the Guidelines apply to specific resource types; in this
case, buildings.
For means of this code, the Secretary of the Interior Standards & Guidelines for Rehabilitation are reprinted
below. Depending upon the nature of your project, one of the other Standards & Guidelines may apply.
Refer to County Staff for the appropriate application method. More information may be found at
http://www.nps.gov/hps/tps/standguide/overview/using_standguide.htm.
The Secretary of the Interior's Standards for Rehabilitation are ten basic principles created to help
preserve the distinctive character of a historic building and its site, while allowing for reasonable change
to meet new needs.
The Standards (36 CFR Part 67) apply to historic buildings of all periods, styles, types, materials, and
sizes. They apply to both the exterior and the interior of historic buildings. The Standards also encompass
related Landscape features and the building's site and environment as well as attached, adjacent, or related
new construction.
Rehabilitation projects must meet the following Standards, as interpreted by the National Park Service, to
qualify as "certified rehabilitations" eligible for the 20% rehabilitation tax credit.
The Standards are applied to projects in a reasonable manner, taking into consideration economic and
technical feasibility.
I . A property shall be used for its historic purpose or be placed in a new use that requires minimal
change to the defining characteristics of the building and its site and environment.
2. 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.
3. 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.
4. Most properties change over time; those changes that have acquired historic significance in their
own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that
characterize a historic property shall be preserved.
PAGE 18 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall 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.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials
shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the
gentlest means possible.
8. Significant archeological resources affected by a project shall be protected and preserved. If such
resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize 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.
10. 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.
The Guidelines have been prepared to assist in applying the Standards to all project work; consequently,
they are not meant to give case -specific advice or address exceptions or rare instances. Therefore, it is
recommended that the advice of qualified historic preservation professionals be obtained early in the
planning stage of the project. Such professionals may include architects, architectural historians,
historians, historical engineers, archeologists, and others who have experience in working with historic
buildings.
The Guidelines pertain to both exterior and interior work on historic buildings of all sizes, materials, and
types. Those approaches to work treatments and techniques that are consistent with The Secretary of the
Interior's Standards for the Treatment of Historic Properties are listed in the "Recommended" section;
those which are inconsistent with the Standards are listed in the "Not Recommended" section.
MASONRY
(Adobe, Brick, Stone, Terra Cotta, Concrete, Stucco, Mortar)
RECOMMENDED*
Retaining original masonry and mortar, whenever possible, without the application of any surface
treatment.
Repointing only those mortar joints where there is evidence of moisture problems or when sufficient
mortar is missing to allow water to stand in the mortar joint.
Duplicating old mortar in composition, color, and texture.
PAGE 19 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
Duplicating old mortar in joint size, method of application, and joint profile.
Repairing stucco with a stucco mixture that duplicates the original as closely as possible in appearance
and texture.
Cleaning masonry only when necessary to halt deterioration or to remove graffiti and stains, and always
with the gentlest method possible, such as low pressure water and soft, natural bristle brushes.
Repairing or replacing, where necessary, deteriorated material with new material that duplicates the old
as closely as possible.
Replacing missing significant architectural features, such as cornices, brackets, railings, and shutters.
Retaining the original or early color and texture of masonry surfaces, including early signage wherever
possible. Brick or stone surfaces may have been painted or whitewashed for practical and aesthetic
reasons.
NOT RECOMMENDED
Applying waterproofing or water repellant coating or surface consolidation treatments unless required to
solve a specific technical problem that has been studied and identified. Coatings are frequently
unnecessary, expensive, and can accelerate deterioration of the masonry.
Repointing mortar joints that do not need repointing. Using electric saws and hammers to remove mortar
can seriously damage the adjacent brick.
Repointing with mortar of high Portland cement content can often create a bond that is stronger than the
building material. This can cause deterioration as a result of the differing coefficient of expansion and
the differing porosity of the material and the mortar.
Repointing with mortar joints of a differing size or joint profile, texture, or color.
Sandblasting, including dry and wet grit and other abrasives, brick, or stone surfaces; this method of
cleaning erodes the surface of the material and accelerates deterioration. Using chemical reaction with
the masonry materials, i.e., acid on limestone or marble.
Applying new material which is inappropriate or was unavailable when the building was constructed,
such as artificial brick siding, artificial cast stone, or brick veneer.
Removing architectural features such as cornices, brackets, railings, shutters, window architraves, and
doorway pediments.
Removing paint from masonry surfaces indiscriminately. This may subject the building to damage and
change its appearance.
WOOD
(Clapboard, Weatherboard, Shingles, and Other Wooden Siding)
RECOMMENDED
PAGE 20 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
Retaining and preserving significant architectural features wherever possible.
Repairing or replacing, where necessary, deteriorated material that duplicates in size, shape, and texture,
the old as closely as possible.
NOT RECOMMENDED
Removing architectural features such as siding, cornices, brackets, window architraves, and doorway
pediments. These are, in most cases, an essential part of a building's character and appearance that
illustrate the continuity of growth and change.
Resurfacing frame buildings with new material that is inappropriate or was unavailable when the
building was constructed, such as artificial stone, brick, veneer, asbestos, or asphalt shingles and plastic
or aluminum siding. Such material can also contribute to the deterioration of the structure from moisture
and insects.
ARCHITECTURAL METALS
(Cast Iron, Steel, Pressed Tin, Aluminum, and Zinc)
RECOMMENDED
Retaining original material, whenever possible.
Cleaning when necessary with the appropriate method. Metals should be cleaned by methods that do not
abrade the surface.
NOT RECOMMENDED
Removing architectural features that are an essential part of a building's character and appearance,
illustrating the continuity of growth and change.
Exposing metals which were intended to be protected from the environment. Do not use cleaning
methods which alter the color, texture, and tone of the metal.
ROOFS AND ROOFING
RECOMMENDED
Preserving the original roof shape.
Retaining the original material, whenever possible.
Providing adequate roof drainage and ensuring that the roofing materials provide a weathertight covering
for the structure.
Preserving or replacing, where necessary, all architectural features that give the roof its essential
character, such as dormer windows, cupolas, cornices, brackets, chimneys, cresting, and weather vanes.
PAGE 21 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
NOT RECOMMENDED
Changing the essential character of the roof by adding inappropriate features such as dormer windows,
vents, or skylights.
Applying new roofing material that is inappropriate to the style and period of the building and
neighborhood.
Stripping the roof of architectural features important to its character.
WINDOWS AND DOORS
RECOMMENDED**
Retaining and repairing window and door openings, frames, sash, glass, doors, lintels, sills, pediments,
architraves, hardware, awnings, and shutters where they contribute to the architectural and historic
character of the building.
Improving the thermal performance of existing windows and doors through adding or replacing
weatherstripping and adding storm windows and doors which are compatible with the character of the
building and which do not damage window or door frames.
Replacing missing or irreparable windows on significant facades with new windows that match the
original in material, size, general muntin and mullion proportion and configuration, and reflective
qualities of the glass.
Replacing missing or irreparable windows on significant facades with new windows that match the
original in material, size, general muntin and mullion proportion and configuration, and reflective
qualities of the glass.
NOT RECOMMENDED
Introducing or changing the location or size of windows, doors, and other openings that alter the
architectural and historic character of the building.
Replacing window and door features on significant facades with historically and architecturally
incompatible materials such as anodized aluminum, mirrored or tinted glass.
Removing window and door features that can be repaired where such features contribute to the historic
and architectural character of the building.
Installing on significant facades shutters, screens, blinds, security grills, and awnings which are
historically inappropriate and which detract from the character of the building.
Installing new exterior storm windows and doors which are inappropriate in size or color, or which are
inoperable, or which require removal of original windows and doors.
Installing interior storm windows that allow moisture to accumulate and damage the window.
PAGE 22 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
•
Replacing sash which contribute to the character of the building with those that are incompatible in size,
configuration, and reflective qualities or which alter the setback relationship between window and wall.
Replacing sash which contribute to the character of the building with those that are incompatible in size,
configuration, and reflective qualities or which alter the setback relationship between window and wall.
Installing heating / air conditioning units in the window frames when the sash and frames may be
damaged. Window installations should be considered only when all other viable heating / cooling
systems would result in significant damage to historic material.
STOREFRONTS
RECOMMENDED
Retaining and repairing existing storefronts, including windows, sash, doors, transoms, signage, and
decorative features where such features contribute to the architectural and historic character of the
building.
Where original or early storefronts no longer exist or are too deteriorated to save, retaining the
commercial character of the building through (1) contemporary design which is compatible with the
scale, design, materials, color, and texture of the historic buildings, or (2) an accurate restoration of the
storefront based on historical research and physical evidence.
NOT RECOMMENDED
Introducing a storefront or new design element on the ground floor, such as an arcade, which alters the
architectural and historic character of the building and its relationship with the street or its setting or
which causes destruction of significant historic fabric.
Using materials which detract from the historic or architectural character of the building, such as
mirrored glass.
Altering the entrance through a significant storefront.
ENTRANCES, PORCHES, AND STEPS
RECOMMENDED
Retaining porches and steps that are appropriate to the building and its development. Porches or additions
reflecting later architectural styles are often important to the building's historical integrity and, wherever
possible, should be retained.
Repairing or replacing, where necessary, deteriorated architectural features of wood, iron, cast iron, terra
cotta, tile, and brick.
NOT RECOMMENDED
Removing or altering porches and steps that are appropriate to the building's development and style.
PAGE 23 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
Stripping porches and steps of original material and architectural features, such as hand rails, balusters,
columns, brackets, and roof decoration of wood, iron, cast iron, terra cotta. tile, and brick.
Enclosing porches and steps in a manner that destroys their intended appearance.
* For more information, consult Preservation Briefs:
1) "The Cleaning and Waterproofing of Masonry Buildings"
2) "Repointing Mortar Joints in Historic Brick Buildings" (Washington, D.C.; Heritage
Conservation and Recreation Service, 1975 and 1976). Both are available from the
Government Printing Office or State Historic Preservation Officers.
** For more information, consult Preservation Briefs:
3) "Conserving Energy in Historic Buildings" (Washington, D.C.; Heritage Conservation
and Recreation Service, 1978). It is available from the Government Printing Office or
State Historic Preservation Office.
4) Applicable sections of the Secretary of the Interior's Guidelines for Rehabilitating
Historic Buildings shall be used as criteria for applications to alter elements in historic
resources that were not listed in Appendix B.
PAGE 24 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
APPENDIX "D"
THE FEDERAL REQUIREMENTS
OF THE CERTIFIED LOCAL GOVERNMENT
(1) Enforce Appropriate State or Local Legislation for the Designation and Protection of Historic
Properties. Federal regulations are found in 36 CFR 61.6. For the purpose of the CLG Program, the Act
defines:
a. "Designation" as "the identification and registration of properties for protection that meet
criteria established by the State or the locality for significant historic and prehistoric resources
within the jurisdiction of a local government." Designation includes the identification and
registration of resources according to State or local criteria which must be consistent with the
Secretary of the Interior's Standards for Identification and Registration. Adoption of the National
Register criteria is encouraged.
b. "Protection" as "a local review process under State or local law for proposed demolition of,
changes to, or other action that may affect historic properties designated pursuant to" a local
government becoming a Certified Local Government. The CLG's local protection review
process of the Act applies only to properties designated pursuant to State or local laws and
procedures. This would not include properties listed on or determined eligible for the National
Register of Historic Places unless such properties also were designated under the appropriate
State or local process.
c. In its CLG procedures, each State must define what constitutes appropriate State or local
legislation for the designation and protection of historic properties and its enforcement. NPS
does not require State or local legislation regarding designation and/or protection as a
prerequisite for certification. However, if State and/or local legislation is required in the State's
certification procedures, that legislation must be consistent with the Act and with the definitions
above (for designation and/or protection).
(2) Establish an Adequate and Qualified Historic Preservation Review Commission by State or Local
Legislation. "Historic preservation review commission" means a board, council, commission, or other
similar collegial body established by State or local legislation. The members must be appointed, unless
otherwise provided by State or local legislation, by the chief elected official of the jurisdiction. Members
must be drawn from professionals in architecture, history, architectural history, planning, prehistoric and
historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or
related disciplines to the extent such professionals are available in the community concerned, and such
other persons as have demonstrated special interest, experience, or knowledge in history, architecture, or
related disciplines. NPS regulations regarding commissions are found in 36 CFR 61.6.
a. If no State law exists that allows the establishment of local commissions, the State will require
the local government to establish a commission by law or ordinance, or other official action.
PAGE 25 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
b. The State may define "adequate and qualified" within the limits of 36 CFR 61.6, but the
requirements set shall not be more stringent or comprehensive than the State's requirements for
the State Review Board.
c. A State may specify in its State CLG procedures or incorporate by reference in State CLG
procedures, the minimum number and type of professional members that the local government
shall appoint to the commission, and indicate how additional expertise may be obtained. A local
government may be certified without the minimum number or types of disciplines if it can
provide written documentation to the SHPO that it has made a reasonable effort to fill those
positions. However, if the SHPO has delegated State Review Board responsibilities to the
Certified Local Government for that jurisdiction, the local commission must meet all applicable
Review Board requirements, and perform all Review Board responsibilities.
d. When a professional discipline is not represented in the commission membership, the
commission shall seek expertise in this area from persons meeting the Secretary of the Interior's
Professional Qualification Standards, as appropriate.
3. Maintain a System for the Survey and Inventory of Properties that furthers the Purposes of the Act.
a. The State shall promulgate guidelines for local survey and inventory systems that ensure that
such systems and the data produced can be readily integrated into SHPO inventories, the
statewide comprehensive historic preservation plan, and other appropriate State and local
planning processes. CLG survey data shall be in a format consistent with SHPO inventory
requirements and shall not be inconsistent with the Secretary of the Interior's "Standards for
Identification and Evaluation." This policy does not apply to survey data produced by local
governments before the effective date of CLG certification.
4. Provide for Adequate Public Participation in the Local Historic Preservation Program.
a. The State shall define in writing minimum requirements for public participation in the conduct
of overall CLG activities. These minimum requirements must include provision for open
meetings (which must include public participation in the National Register Nomination process),
minutes that are publicly available, and the publication and dissemination of commission
procedures, as well as compliance with local, State, and Federal public participation regulations.
5. Satisfactorily Perform the Responsibilities Delegated to it Under the Act. Each local government must
have the legal authority to fulfill the minimum requirements specified by the SHPO in its NPS -approved
CLG procedures.
PAGE 26 OF 26 — EXHIBIT "A" TO ORDINANCE 2010-019
FINDINGS
The Deschutes County Historical Landmarks Commission (HLC) held two work
sessions on May 20 and June 17, 2010 on Ordinance 2010-019 to discuss legislative
amendments to Deschutes County Code (DCC) Chapter 2.28, Historic Preservaton and
Historical Landmarks Commission. The first evidentiary hearing to consider testimony
on the legislative amendments to DCC 2.28 took place on July 8, before the Deschutes
County Planning Commission. 1 The Planning Commission kept the hearing open until
July 22 and raised several questions or comments that warranted consideration by the
Historical Landmarks Commission (HLC) during their public hearing on July 15. On July
15, the HLC unanimously recommended by a 6-0 vote that the Board of County
Commissioners adopt the legislative amendments. The Deschutes County Planning
Commission held a public hearing on July 22, 2010 and on that same date, deliberated,
and formally endorsed the code amendments. The Board of County Commissioners
held their public hearing on August 23, 2010.
BACKGROUND
At the request of the Deschutes County Board of Commissioners (Board), the
Community Development Department initiated a six-month program, starting in March
that amends DCC Chapter 2.28, Historical Preservation and Historical Landmarks
Commission.
Deschutes County received a $3,000.00 Certified Local Government Grant to update
DCC Chapter 2.28 in conjunction with the City of Bend to create one set of regulatory
controls and procedures for both jurisdictions. The reason for creating consistent
historic preservation ordinances is to establish a consistent, user-friendly set of
standards for the HLC. The HLC serves as a hearings body for matters concerning
historical districts, buildings and structures and sites within the county and the cities of
Bend, La Pine, Redmond and Sisters.
PROPOSED PLAN AMENDMENT
Staff proposes amendments that further clarify DCC Chapter 2.28. The proposed
amendments are described in the attached exhibits. Deleted language is shown as
strikethrough.
HISTORICAL LANDMARKS COMMISSION RECOMMENDATION
The HLC on July 15, held a hearing, deliberated and recommended that the Board
adopt the above referenced ordinance, with the following modifications:
1. HLC Responses to Planning Commission Questions
1A public notice was published in the Bulletin on June 27, 2010. All property owners recognized as having a Goal 5
Historic Resource were notified of the upcoming public hearing on June 25, 2010.
Exhibit B to Ordinance 2010-019 Page 1 of 15
The Planning Commission kept their first evidentiary hearing open until July 22.
They raised several questions or comments that warranted consideration by the
Historical Landmarks Commission as they prepared for their public hearing on
July 15.
Deschutes County Planning Questions
Historical Landmarks
Commission Response
are 2.28.050(A1) and 2.28.050(C1) worded differently?
ouldn't they be consistent?
2.28.050. Procedures
Historical Building or Site -Designation Procedure.
1. Upon receipt of a request from the landmarks
commission to designate a particular, building or site as
an historical building or site within the County or upon
direction by the Board or on its own motion, the Planning-
Division shall fix a date and time for public hearing:.
before the Board on a particular building or site
recommended for designation.
.28.050. Procedures
Historical District -Designation Procedure:
1. Upon receipt of a request by the landmarks commission
to designate any area as an historical district, or upon
direction by the Board, the Planning Division shall fix a
date, and time for a public hearing before the Board.
Yes, they should,be consistent.,
2'.28.050'(C1) should be the same
as 2:228:050(A1)
The definitions for "Minor Alteration" and "Major Alteration" need to
be reorganized alphabetically.
Agree.
ouid the Historical Landmark definition for "Structure" (2.28.020)
the same as Deschutes County's zoning definition (18.04.030)?
CC 2.28.020
"Structure" means anything constructed or built, any edifice or
building or any kind, or any pieces of work architecturally built or
composed of parts joined together in some definite manner.
vs.
CC 18.04.030
tructure" means something constructed or built having a fixed
ase on, or fixed connection to, the ground or another structure.
Use the definition cited. in DCC
2.28,020 since it is more
comprehensive.
The "definition for Historical Interest," subsection C seems
awkwardly worded.
Remove the definition and replace
any terms using this language in
the legislative amendments to
`Historical Resource
ler 2.28.030, Administration, the following function or duty is
ecommended for removal. Doesn't the HLC want to keep it?
TheCommission shall recommend removal of any list of
lesignated historical districts, buildings and/or structures and
sites, such property as it finds no longer worthy of such
designation."
Exhibit B to Ordinance 2010-019
Page 2 of 15
Deschutes County Planning Questions
Historical Landmarks
Commission Response
Shouldn't the Procedures section, 2.28.050 identify or refer to other
code sections identifying the approval or denial timelines mandated
by the state (120 day period for quasi-judicial decisions taking place
in a city; 150 day period for quasi-judicial decisions taking place in a
county).
No.
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it be
and
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or repair (e.g.,
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can certify
the building
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split into two sections?
New Building Restrictions.
construed to prevent the
painting) of exterior
or structure which does not
of materials, unless the
that the repair is required for
or structure is in an
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Yes, as follows:
2.28.090, Exterior Alteration and
New Building Restrictions.
1. Nothing in DCC 2.28 shall be
construed to prevent the ordinary
maintenance or repair (e.g.,
painting) of exterior architectural
features of a building or structure
which does not involve a change
in design or type of materials.
J. The County building official can
certify that repair is required for
the public safety because the
building or structure is in an
unsafe or dangerous condition.
2.28.090(1) is awkward. Should
2.28.090, Exterior Alteration
I. Nothing in DCC 2.28
ordinary maintenance
architectural features
involve a change in design
County building official
the public safety because
unsafe or dangerous
e�cognizing that Appgndix B' recogrnizes
f (: .note �n 228
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2. HLC Recommended Amendments to DCC Chapter 2.28
A. References
i. City.
Not all of the references to "city" have been removed from the legislative
amendments. Undertake another search and replace.
ii. Comprehensive Plan
Capitalize Comprehensive Plan throughout the legislative amendments.
Exhibit B to Ordinance 2010-019 Page 3 of 15
iii. Historical District.
Changes references to historical district as follows:
historica-I district .. .
iv. Historical Designation.
Add "cultural" to historical designation references throughout the code:
historical and cultural designation .. .
v. Landmarks Commission.
Capitalize Landmarks Commission throughout the legislative amendments.
vi. Secretary of the Interior's Guidelines for Rehabilitation
vii. Changes references to Secretary of the Interior's Guidelines for
Rehabilitation as follows:
Secretary of the Interior's Standards and Guidelines for Rehabilitation.
B. Definitions
i. Building Definition.
Add the following definition for Building:
"Building" means a structure which is designated and suitable for the habitation
or shelter of human beings or animals or the shelter or storage of property, or for
the use and occupation for some purpose of trade or manufacture. "Building"
may also be used to refer to a historically and functionally related unit, such as a
courthouse and jail or a house and barn.
ii. Historic.
Modify the Historic definition as follows:
"Historic" means 50 -years old or older, or of extraordinary historic importance,
iii. Historic Resource.
Modify the Historic definition as follows:
"Historic or Cultural Resource" means a building, historic or cultural site, building,
structure, object, historic district, and their significant settings or any combination
Exhibit B to Ordinance 2010-019
Page 4 of 15
of these resources that are listed on the National Register of Historic Places
and/or are designated by the Deschutes County Board of Commissioners on the
County's on a Goal 5 list of Historic and Cultural Resources list.
iv. Historical Interest.
Remove the _ ' _ - - - ' definition and replace any terms using this
language in the legislative amendments to `Historical Resource.'
v. Landmark.
Modify the Landmark definition as follows:
"Landmark" means an object or structure of special historical significance
resource which that has been designated as a cultural resource and sct aside for
preservation.
vi. Major Alteration.
Modify the Major Alteration definition as follows:
"Major Alteration" means an alteration which could adversely affects the historical
or architectural significance of a historic resource. Examples may include
alterations to the front facade, additions, exterior remodels or alterations to the
setting that remove significant historic elements or add features that are
incompatible with the historic or prehistoric period, thereby losing interpretive
value,
vii. Object.
Add the following definition for Object:
"Object" means to distinguish from buildings and structures those constructions
that are primarily artistic in nature or are relatively small in scale and simply
constructed. Although it may be, by nature or design, moveable, an object is
associated with a specific setting or environment.
viii. Primary Resource Definition.
Remove the `Primary Resource' definition and replace any terms using this
language in the legislative amendments to `Historical Resource.'
ix. Rehabilitation Definition.
Add the following definition for Rehabilitation:
"Rehabilitation" means the process of returning a property to a state of utility,
through repair or alteration, which makes possible an efficient contemporary use
while preserving those portions and features of the property which are significant
Exhibit B to Ordinance 2010-019 Page 5 of 15
to its historic, architectural, and cultural values. See Appendix "D" The Secretary
of the Interior's Standards for Rehabilitation for the ten basic principles created to
help preserve the distinctive character of a historic building and its site, while
allowing for reasonable change to meet new needs.
x. Secretary of the Interior's Standards for Rehabilitation Definition.
Add the following definition for Secretary of the Interior's Standards for
Rehabilitation:
"Secretary of the Interior's Standards for Rehabilitation" are ten basic principles
created to help preserve the distinctive character of a historic building and its
site, while allowing for reasonable change to meet new needs. The Standards
are included as Appendix "D", and by this reference is incorporated herein.
C. 2.28.025, Applicability.
Add a Section, DCC 2.28.025, Applicability, and include the following language:
This code applies to any Historic or Cultural Resource within Deschutes County
that was designated by the Deschutes County Board of Commissioners or was
listed on the National Register of Historic Places, or is located within a historic
district that was listed on the National Register of Historic Places.
D. 2.28.030, Administration, Section (1).
Modify 2.28.030 (I) as follows:
I. The Landmarks Commission shall serve as a hearings body for
matters concerning historic and cultural resources within the County
and the cities of Bend, La Pine, Redmond and Sisters.
E. 2.28.030, Administration, Section (P).
Modify 2.28.030 (P) as follows:
P. Current List of Historic and Cultural Resources.
1. The commission shall compile and maintain a current list of all historical and
cultural resources, the applicable tax lots and addresses, the date of
designation, and which have been so designated pursuant to DCC 2.28,
with -a brief description of the resources district, building and/or structure or
sites and the reasons for its inclusion on the list.
2. Disclosure of the locations and descriptions of designated archaeological
sites is subject to appropriate state and federal laws. If lists of
archaeological sites arc developed, disclosure of such lists is subject to
appropriate state and federal laws.
F. 2.28.030, Administration, Section (Q).
Exhibit B to Ordinance 2010-019 Page 6 of 15
Modify 2.28.030 (Q) as follows:
Q. The commission shall notify all property owners of sites recommended for
historical or cultural designation of such recommendation. Property owners at
the time of designation must support the local designation of their property as a
historic or cultural resource.
G. 2.28.050, Procedures, Section (A1).
Modify 2.28.050 (Al) as follows:
A. Historical Building or Site -Designation Procedure.
1. Upon receipt of a request from the Landmarks Commission to designate a
particular building, structure, object or site as an historical or cultural
resource building or site within the County or upon direction by the Board or
on its own motion, the Planning Division shall fix a date and time for a public
hearing on the ordinance before the Board before the Board on a particular
building or site recommended for designation.
H. 2.28.050, Procedures, Section (A3).
Modify 2.28.050 (A3) as follows:
A. Historical Building or Site -Designation Procedure.
3. The Planning Division shall notify,. in writing, the property owner, the County
Planning Commission and Landmarks Commission of the public hearing
before the Board at least 10 days prior to the public hearing, unlet s such a
request for historical designation has come from the Landmarks
Commission.
I. 2.28.050, Procedures, Section (A6).
Modify 2.28.050 (A6) as follows:
A. Historical Building or Site -Designation Procedure.
6. If the Board determines that a property or properties building or site
proposed for designation has significance based upon the criteria in
"Appendix A", the Board may designate such districts, sites, buildings,
structures or objects as historical or cultural resources a -n historical
significance based upon the criteria in DCC 2.28.050, the Board may
J. 2.28.050, Procedures, Section (A9).
Modify 2.28.050 (A9) as follows:
A. Historical Building or Site -Designation Procedure.
Exhibit B to Ordinance 2010-019
Page 7 of 15
9. At the time of annexation to a city, all properties with locally designated
historical and cultural resources within the annexation area shall retain their
resource designations within city jurisdiction unless a public hearing by the
applicable city council is held to remove the resource designation. Listing
on the National Register of Historic Places is a federal action and is not
affected by annexation. locally designated historical sites within the
public hearing is held to remove the site from the historical designation.
National register listed properties must follow a federal process.
K. 2.28.050, Procedures, Section (B 1-3).
Modify 2.28.050 (B 1-3) as follows:
B. Historical resource -Designation Procedure.
1. If the Board finds that a particular building, structure, object or site does not
meet the criteria as outlined in DCC 2.28.050 for historical designation, the
Board may designate said building, structure, object or site as a building or
site of historical interest.
2. Buildings, structures or sites designated as being of historical interest shall
be subject to the requirements of DCC 2.28 only in the event of demolition
or major alteration. In such cases, the owner of the building, structure or
site must notify the Planning Division not Tess than 10 days prior to said
demolition or major alteration, so that the County may photograph the site
or building.
3. The Board and/or Landmarks Commission may also make
recommendations to the owner regarding alternatives to demolition or major
alteration which would_be detrimental to the building, structure or site
designation of historical resource preclude future designation as a historical
resource. Such recommendations are not binding upon the owner.
L. 2.28.050, Procedures, Section (C 1-2).
Modify 2.28.050 (C1-3) as follows:
C. Historic District -Designation Procedure.
1. Upon receipt of a request from the Landmarks Commission to designate
a particular building or site as an historical building or site within the County
building or site recommended for designation. Upon receipt of an
application from a private party or group of people, the request from the
Landmarks Commission for local designation of a historic district within the
unincorporated County, direction by the Board or upon its own motion, the
Planning Division shall fix a date and time for a public hearing before the
Board on a historic district recommended for designation. This section is not
Exhibit B to Ordinance 2010-019
Page 8 of 15
applicable to nominations for listing historic districts on the National
Register of Historic Places.
2. County Planning Division staff shall notify, in writing, owners of record of all
properties within the proposed historic district and shall transmit a copy of
the request to the Planning Commission and Landmarks Commission. The
Planning Division shall notify, in writing, owners within the proposed
unless such request is made by the Landmarks Commission.
M. 2.28.050, Procedures, Section (C8).
Modify 2.28.050 (C8) as follows:
C. Historic District -Designation Procedure.
8. If the primary or significant buildings within an historical district have been
demolished or destroyed, the board on its own motion, may remove the
local historical district designation. National register listed properties must
follow a federal process for removal. This process is not applicable to
districts listed on the National Register of Historic Places. Those districts
must follow a federal proccss for removal
N. 2.28.060, Request for Historical Designation
Remove this section.
0. 2.28.070, Cultural Resource Survey and Inventory.
Add "Historic":
2.28.070, Historic and Cultural Resource Survey and Inventory.
P. 2.28.070, Historic and Cultural Resources Survey and Inventory, Section
(A).
Modify 2.28.070 (A) as follows:
A. The Landmarks Commission shall periodically survey and inventory properties
resources potentially eligible for listing in the Deschutes County Goal 5
Inventory -Historic and Cultural Resources and/or National Register of Historic
Places within Unincorporated Deschutes County.
2.28.090, Exterior Alteration and New Building Restrictions, Sections (A-E)
Modify 2.28.090 (A-E) as follows:
A. Except as provided in DCC 2.28.090(H), no person may demolish, alter any
historic or cultural resource in such a manner as to affect its exterior
Exhibit B to. Ordinance 2010-019
Page 9 of 15
appearance or integrity, nor may any new structure and/or building be
constructed in an historical district, unless a certificate of approval has been
issued by the Landmarks Commission and the County.
B. Application for a certificate of approval for demolition, exterior alteration or new
construction under DCC 2.28.090 shall be made to the planning division and
shall be referred to the Landmarks Commission for review and/or hearing.
Quasi-judicial applications shall follow DCC Chapter 22.
C. All applications for alteration or new construction shall be accompanied by
appropriate plans and/or specifications.
D. Any request for a certificate of approval for demolition, exterior alteration or
new construction must be filed prior to or in conjunction with an application for
any building or land use permit.
E. Upon approval by the Chair of the Landmarks Commission, applications for
minor alterations may be processed administratively. Applications for major
alterations shall be forwarded to the Landmarks Commission.
R. 2.28.090, Section (I).
Strikeout the from 2.28.090(1):
Nothing in DCC 2.28 shall be construed to prevent the ordinary maintenance or
repair (e.g., painting) of exterior architectural features of a building or structure
which does not involve a change in design or type of materials, unless the
County building official can certify that the repair is required for the public safety
because the building or structure is in an unsafe or dangerous condition
S. 2.28.110, Demolished Historical buildings -Records and Artifact
Preservation, Section (C1).
Modify 2.28.110 (C1) as follows:
C. Status of Historic Property at New Location
1. When an historic property is moved to a new location, the historic property
status is retained for that property at the new site unless the County, using
the process required for designation of a historic property, determines that
historic and cultural resource landmark designation is no longer appropriate.
T. 2.28.140, Enforcement of State Preservation Laws.
Modify 2.28.140 as follows:
The Board and Landmarks Commission shall support the enforcement of all state
laws relating to historic preservation. These include but are not limited to ORS
197.772 (Consent for designation for historic property), ORS 358.653
(Conservation Programs, Leases), and ORS 358.475 through 358.541 (Special
Assessment). Applications to alter a cultural resource shall be forwarded to the
state archeologist for comment. Deschutes County shall utilize applicable
Exhibit B to Ordinance 2010-019 Page 10 of 15
sections of the Secretary of the Interior's Guidelines for Cultural Resources and
Guidelines for Archeology.
U. 2.28.160, Penalties.
Modify 2.28.160 by elaborating on a Class A Violation.
"Violation of DCC 2.28.090(A), DCC 2.28.100(A) is a Class A violation. Class A
violation is defined in DCC 1.16.010.
V. Appendices
Replace the appendices with updated versions recognized by the HLC on July
15, 2010. These appendices were provided to the Planning Commission
electronically on July 20 and formally entered into the record on July 22.
W. Roof Form, Appendix A, (G3a).
Remove from Roof Form, the term `range of 12/12 to 12/8' and replace it with
'same type and style:'
"Primary roofs shall be gabled with pitches in the range of 12/12 to 12/8 same
type and style to reflect the dominant roof pitches of the district's primary historic
buildings."
PLANNING COMMISSION RECOMMENDATION
The Deschutes County Planning Commission on July 22, closed their hearing,
deliberated and endorsed the above referenced ordinance and modifications made by
the HLC.
REVIEW CRITERIA
Ordinance 2010-019 is proposed for adoption. The amendments do not loosen or
tighten restriction beyond what exists today. New definitions and appendices are now
cited to reflect state and federal historic requirements. Nonetheless, because this is a
Deschutes County initiated amendment, the County bears the responsibility for justifying
that the amendments are consistent with relevant Oregon Revised Statutes (ORS),
statewide planning goals and the Deschutes County Comprehensive Plan.
FINDINGS
1. State Notification Requirements
Exhibit B to Ordinance 2010-019 Page 11 of 15
• ORS 197.610(2),2 Post -acknowledgment procedures, was not initiated because, the
statewide planning goals do not apply to these legislative amendments. The
amendments to DCC Chapter 2.28 just clarify and reformat the chapter.
• ORS 215.503,3 Notice to property owners, was not initiated because the
amendments to DCC Chapter 2.28 do not loosen or tighten restriction beyond what
exists today.
2. Consistency with Deschutes County Comprehensive Plan
Staff proposes amendments that clarify and reformat DCC Chapter 2.28. The
amendments remain consistent with Deschutes County's historic and cultural resource
policies, DCC Chapter 23.108, because they do not loosen or tighten restrictions
beyond what exists today.
Policies
Amendments
a. Create a local register and priority value for historic and
cultural resources of the County.
�' s desrtton of htstortcl sites
c. Advise governing bodies on ordinances and permits for
demolition or alteration of historic or archeological sites.
e. Devise standards for historical markers.
2 http://www.leq.state.or.us/ors/197.html
3 http://www.leq.state.or.us/ors/215.html
4 http://www.co.deschutes.or.us/dccode/title23/docs/chapter%2023.108.doc
Exhibit B to Ordinance 2010-019
Page 12 of 15
Table 1 - Historic and Cultural Resource Policies (23.108.030)
Policies
ion;of htstortc and cultural sites of high priority rating or
een adentifled on" the Deschutes County Inventory of
ces shoulcl take precedence over other
3. Emphasis shall be on preservation of the exterior appearance of
historic buildings. Interior modifications and exterior changes
compatible with the continued maintenance of the historic
appearance of the structure shall be approved upon such findings
of compatibility by the Historic Landmarks Commission.
Amendments
No change
5. Incentives should be developed to encourage private preservation
and utilization of historical resources.
No change
7. If funding is available, the County shall complete the Goal 5
process required for the Tumalo Grange, Terrebonne Grange,
Central Oregon Irrigation District (numerous locations), and Rock
0' the Range Bridge sites in accordance with OAR 660-16 by the
end of the 1994-95 State Historic Preservation Office grant
period.
4. Ordinance 2010-019 / DCC Chapter 2.28 Amendments
No change
Ordinance 2010-019 amends DCC Chapter 2.28, Historic Preservaton and Historical
Landmarks Commission. The amendments clarify and reformat the chapter as follows.
Code Comparison
Existing Chapter
Exhibit B to Ordinance 2010-019
Amendments
2.28.010. Purpose.
2.28.020. Definitions.
2.28.025. Applicability.
2.28.030. Administration.
2.28.040. Criteria.
Page 13 of 15
Table 2 - DCC Cha,'°t
Historic Preservaton and Historical Lan'
Code Comparison
Existing Chapter
2.28.025. Definition -Demolish.
,28.030. Definition -Exterior.
2.28.035. Definition -Historical Interest.
.28.040. Definition -Historical Significance.
.28.045. Definition -Landmark.
Definition -Landmarks Commission.
.055. Definition -Minor Alteration.
.060. Definition -Planning Division.
.28.070. Historical Landmarks Commission
Creation, Membership, Term, Vacancy
Filling and Expense Reimbursement.
28.080. Officers, Meetings and Rules of Procedure.
8.090. Functions and Duties.
28.100. Historical Designation Criteria.
.28.110. Request for Historical Designation.
.28.120. Historical Building or Site -Designation
Procedure.
.28.130. Historical Interest -Designation Procedure.
.28.140. Historical District -Designation Procedure.
.28.150. Designation not a Recommendation for
Federal Action.
28.160. Exterior Alteration and New Building
Restrictions.
8.170. Demolition Permits and Condemnation
Proceedings
.180. Demolished Historical Buildings -Records
and Artifact Preservation.
8.190. Identification Signs.
.200. Redevelopment and Neighborhood
improvement Projects -Review by
Commission.
.210. Appeals from Commission
8.220. Violation -Penalty.
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'ppendix A - Resolution 82-001
pendix B - OAR 660-16 Requirements and
AppliProufor Complying'
with`Statewcationide Goal 5
Exhibit B to Ordinance 2010-019
Amendments
2.28.050. Procedures.
2.28.060. Cultural Resource Survey and
Inventory
2.28.070. Designation not a Recommendation
for Federal Action.
2.28.080. Exterior Alteration and New
Building Restrictions.
2.28.090. Demolition Permits and
Condemnation Proceedings.
2.28.100. Demolished Historical Buildings -
Records and Artifact Preservation.
Signs/Plaques.
Redevelopment and Neighborhood
Improvement Projects.
2.28.130. Enforcement of State Preservation
Laws.
2.28.110.
2.28.120.
2.28.140.
2.28.150.
2.28.160.
Appeals.
Penalties.
Oregon State Special Assessment
of Historic Properties
Appendix A - Deschutes County Landmarks
Commission Historic Resource
Rating Sheet
Appendix B - Design Review Guidelines
Alterations / Additions
Page 14 of 15
Existing Chapter
lstoftea
Code Comparison
Appendix C
Appendix D
Appendix E -
omr isslo.
Amendments
Design Review Guidelines New
Construction
Secretary of Interior's
Standards for Rehabilitation
Federal Requirements of the
Certified Local Government
Exhibit B to Ordinance 2010-019 Page 15 of 15