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Historic Preservation Overlay Zone

Sections

2.7.1 Description and Purpose 2.7.2 Definitions

2.7.3 Historic Review Board

2.7.4 Designation of Historic Buildings or Sites 2.7.5 Exterior Remodeling of a Historic Building

2.7.6 Demolition and Condemnation of Historic Buildings 2.7.7 General Provisions

2.7.1 Description and Purpose

A. It is public policy of the City of Phoenix that the protection, enhancement, perpetuation, and continued use of sites and improvements of a special historical or aesthetic interest or value is in the best interests of the community. Also, the preservation of significant historic sites and buildings is a community responsibility and related implementing measures are required by the State of Oregon and by statewide planning goal #5. The purposes of this Section are to:

B. Provide for the preservation and protection of sites and improvements within the community of Phoenix that reflect or represent elements of the City s cultural, social, economic,

political, or architectural history;

C. Safeguard the City s historic, aesthetic and cultural heritage as embodied and reflected in such improvements and areas;

D. Complement the efforts of the Southern Oregon Historical Society, State of Oregon, and other organizations or individual efforts aimed at historical preservation;

E. Foster civic pride in the beauty and accomplishments of the past;

F. Carry out the provision of LCDC Goal #5.

2.7.2 Definitions

For the purposes of this Section, the following terms are defined as follows:

A. Alteration. The addition to, removal of or from, or physical modification or repair of, any exterior part or portion of a landmark or structures in a Historic District including signs.

B. Architectural Significance. To have architectural significance, the site or structure 1. portrays the environment of a group of people in an era of history characterized by a

distinctive architectural style;

2. embodies those distinguishing characteristics of an architectural-type specimen;

3. is the work of an architect or master builder whose individual work has influenced the development of the City; or

4. contains elements of architectural design, detail, materials or craftsmanship that represent a significant innovation.

D. Demolish. To raze, destroy, dismantle, deface or in any other manner cause partial or total ruin of a designated landmark or structure in a Historic District or elsewhere in the

community.

E. Exterior. Any portion of the outside of a landmark or building or structure, or any addition thereto. Any portion of the building that is visible from the outside.

F. Historical Significance. The structure or district (1) has character, interest or value, as part of the development, heritage or cultural characteristics of the city, state, or nation; (2) is the site of a historic event with an effect upon society or of notable interest; (3) is identified with a person or group of persons who had some influence on society; or (4) exemplifies the cultural, political, economic, social or historic heritage of the community.

2.7.3 Historic Review Board

The Phoenix Planning Commission will function in the capacity of Historic Review Board, until the City Council determines that a separate body is needed for this purpose. The Planning Commission will accept and schedule items of historical interest on its regular meeting agenda and act on them accordingly.

2.7.4 Designation of Historic Buildings or Sites

A. All sites listed in Section VI. HISTORIC RESOURCES of the Phoenix Comprehensive Plan as (1) State of Oregon Inventory, (2) Southern Oregon Historical Society Markers, or (3) Other Significant Sites, and included on the City s Historic Inventory Map are considered to be designated buildings or sites in Phoenix.

B. The City Council, after recommendation by the Historic Review Board, may designate new historic buildings or sites and direct that they be included on the Historic Inventory Map.

New designations shall be made through the following procedure:

1. Upon receipt of a request to have a particular building or site designated a Site of Historical Significance, the Board shall schedule a public hearing, shall advertise the hearing in a newspaper of local distribution, and shall notify the owners of all tax lots that fall within a radius of 200 feet of the subject property by letter.

2. The Historic Review Board shall conduct the public hearing and provide adequate opportunity for comments from all interested parties. Any written correspondence pertaining to the issue shall also be entered into the record and considered by the Board.

3. The Board shall consider the proposal based on the five criteria listed as the purposes of this Section under Chapter 2.7.1 Description and Purpose and shall submit its recommendation to the City Council, along with minutes of the meeting and any additional documentation.

4. The City Council may conduct a public hearing or choose to agree with the findings and recommendation of the Board in lieu of a public hearing. If the City Council determines that the building or site meets the review requirements set forth in Chapter 2.7.1

Description and Purpose, it may designate the building or site as Historic.

5. Following designation of a new building or site, City staff shall add that building or site to the City s Historic Inventory Map in the Comprehensive Plan in accordance with the City s minor amendment procedures and schedule.

City designation of a historic site or structure shall not be interpreted as a

recommendation for state, national or other formal recognition as a historic site or structure.

2.7.5 Exterior Remodeling of a Historic Building

A. Before a building permit is issued for the enlargement or any exterior alteration or

remodeling of any designated historic building, the applicant shall be subject to a Site Plan review in accordance with the requirements and procedures of Chapter 4.2 Development Review and Site Design Review and conducted by the Historic Review Board. If the Board determines that the proposed alterations constitute a significant change in the appearance of the building that may conflict with its original character or architectural style, the Board may schedule a public hearing in accordance with Chapter 2.7.4 Designation of Historic

Buildings or Sites, Section B above.

B. At least 14 days prior to the scheduled Site Review, the applicant shall submit three copies of plans drawn to scale and showing the following:

1. Architectural rendering showing the exterior appearance of the building following the remodeling or alterations.

2. Floor plans and list of materials and specifications of work to be done.

3. Plans and photos or renderings of all exterior landscaping, lighting, (location, direction and type) and signing.

C. The Board shall render a decision to grant, grant with conditions, or deny the remodeling proposal. The decision shall be based on findings that pertain to the criteria listed in Chapter 2.7.1 Description and Purpose of this Section. Failure of the board to act and make a decision on this request within 45 days of submittal of a complete application shall constitute approval of the plans as submitted by the applicant.

D. All modifications or enlargements or other exterior alteration to a historic building shall include designs, materials, and finishes that are of a type that will be similar to the original design, materials or finishes and that will enhance or preserve the historic character and value of the building.

E. All remodeling shall be done in accord with approved plans. Any changes in approved plans shall be submitted to the City for consideration by the Board.

F. The applicant may appeal a decision of the Historic Review Board to the City Council, if the appeal is in writing and submitted within 15 calendar days of the Board s decision.

G. An appeal may also be made to the City Council of a Board decision by a person or persons other than the applicant, if presented in the same manner as specified in item F above.

Building permits shall not be issued during the 15-day appeal period.

2.7.6 Demolition and Condemnation of Historic Buildings

A. No historic building or other structure shall be demolished unless so authorized by the City Council. The applicant for the demolition of a historic structure shall submit the following items to the City as part of the application:

1. Names and addresses of the applicant, owners of the structure, owners of the property, and other persons involved.

2. Tax lot description and map showing the location of the structure within the City.

3. A statement explaining the reason or reasons why the building is proposed for demolition.

4. Photographs of each elevation (side) of the building with the dates the photographs were taken. One copy is sufficient.

B. The Historic Review Board shall schedule and conduct a public hearing to consider the request and to provide opportunities for public input.

C. The Board, in arriving at its decision, shall take into consideration at least the following criteria:

1. The present state of repair of the building and the reasonableness of estimated restoration costs.

2. The character of the neighborhood in which the structure is located and its influence on or importance to other historic structures.

3. The City s Comprehensive Plan for the area and the importance to the community of other planned land uses.

4. Alternative to demolition, including preservation and relocation.

D. The Board will submit its decision, recommendation, findings, and other supporting documentation to the City Council, which will either:

1. Permit the building to be demolished; or

2. Suspend issuance of permission to demolish for a fixed number of days not to exceed 120 days from the date of application when it is determined that:

a. It is in the best interests of preserving community historical values; and,

b. There is reason to believe that a program or project may be undertaken that could result in public or private acquisition of the building or which could cause the building to be restored or preserved.

3. Deny the request to demolish the building based on the criteria in Chapter 2.7.6 Demolition and Condemnation of Historic Buildings, Section C.

E. The City Council, upon request, may extend the suspension period for an additional 180 days, if there is reason to believe that a program or project may be undertaken to save the historic structure.

F. If the suspension period has elapsed and the applicant has not withdrawn the application to demolish, then the applicant may demolish the historic building in accordance with City ordinances pertaining to demolition and public safety.

G. If a historic building, for which permission has been granted for demolition, has not been demolished within one year from the date permission was granted, then permission to demolish has become null and void and the applicant may request an extension of time for a period not to exceed six months from the date the permission becomes null and void.

2.7.7 General Provisions

A. Condemnation. Before the City takes any action to condemn a building or structure designated as a historic building, the Historic Review Board shall review the report of the City Council relating to the building s condition. The Board shall then provide a

recommendation to the City Council prior to the Council s final decision.

B. Records of Demolished Buildings. If a designated historic building is to be demolished, the City shall first:

1. Attempt to gather a pictorial or graphic history of the building or site with any additional data as may be available.

2. Upon permission of the owner, obtain artifacts from the building or site that it deems worthy of preservation. Such items may be submitted to the City museum or other appropriate location.

3. Notify persons or agencies, such as the Jacksonville Museum, or the Southern Oregon Historical Society, who may be interested in the historical significance of the building C. Removal of Designation. Removal of a historic site or building from the list or Historic

Inventory Map of Section VI of the Comprehensive Plan shall be subjected to the provisions of Chapter 2.7.4 Designation of Historic Buildings or Sites and shall include public

hearings, as determined by the Board.

D. Signs and Plaques. The owner of a designated historical building or site may install, or approve the installation, of an identification plaque or marker indicating the name, date, architect or other appropriate information about the property provided that the size, materials, design, location, and text of such plaque or marker is approved by the Historic Review Board

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