15.16.080 Alterations, relocations, and demolitions.
(1) Authorization. No exterior, interior public space, landscape, or archaeological element of a designated landmark which is specified as eligible/significant (ES) in its designation shall be altered, removed, or demolished and no relocation or demolition of a historic resource of statewide significance shall be allowed until a certificate of appropriateness is issued by the historic preservation officer and a copy is presented to the building official.
(a) No provision of this section shall be construed to prevent the ordinary repair or maintenance of a designated landmark or historic resource of statewide significance when such action does not involve a change in design, materials, or appearance and a public hearing is not required for the historic preservation officer to issue a certificate of appropriateness for the following actions when they do not affect a design, material, or appearance that has been noted as eligible/significant (ES) in the designated landmarks register:
(i) Alterations to building interiors that are not public spaces.
(ii) Application of exterior paint color.
(iii) Alterations to landscape features.
(iv) Demolition of an accessory structure.
(v) Construction of a fence that meets the requirements of this title.
(2) Application. The commission shall establish standards for a complete application for the alteration, relocation, or demolition of a designated landmark and for the relocation or demolition of a historic resource of statewide significance. See NBCC 15.16.100(2). The commission shall review and act upon these applications. The burden of proof lies with the applicant. Applications may be approved, approved with conditions, or denied. The city of North Bend shall impose any conditions imposed by the commission.
(3) Public Hearing. A public hearing before the commission shall be required for activities not exempted under subsection (1)(a) of this section. Upon acceptance of a complete application the historic preservation officer shall schedule a public hearing pursuant to the procedures set forth for quasi-judicial land use hearings in Chapter 18.60 NBCC.
(a) At the hearing of an application to relocate or demolish a designated landmark or historic resource of statewide significance the commission may, in the interest of exploring reasonable alternatives, delay issuance of a permit for up to 12 days from the date of the hearing. If, 10 days prior to the expiration of the delay period, the commission finds that there are still reasonable alternatives to explore, it may apply to the city council for permission to continue the delay for an additional period of up to 120 days.
(b) In approving an application for the demolition of a designated landmark or historic resource of statewide significance, the commission may impose the following conditions:
(i) Photographic, video, or drawn recordation of the property to be demolished; and/or
(ii) Salvage and duration of significant elements; and/or
(iii) Other reasonable mitigation measures.
(4) Alteration. The commission must find that the alteration of a designated landmark meets the following criteria, as applicable:
(a) A property shall be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
(b) The historic character of a property shall be retained and preserved. The relocation of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property shall be avoided.
(c) A 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 elements from other historic properties, shall not be undertaken.
(d) Changes to a property that have acquired historic significance in their own right shall be retained and preserved.
(e) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
(f) 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, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.
(g) Chemical and physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.
(h) Archaeological resources shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken.
(i) New additions, exterior alterations, or related new construction shall not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
(j) 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.
(5) Relocation or Demolition.
(a) The commission must find that the relocation or demolition of a designated landmark or historic resource of statewide significance meets the following criteria:
(i) No reasonable alternative exists.
(ii) The designated property is deteriorated beyond repair.
(iii) The value to the community of the proposed use of the property outweighs the value of retaining the designated landmark or historic resource of statewide significance as evidenced by public testimony.
(b) When considering the relocation or demolition of a historic resource listed on the National Register other than an accessory structure or building or those that are identified as noncontributing the commission must consider the following factors:
(i) Historic integrity.
(ii) Age.
(iii) Historic significance.
(iv) Value to the community.
(v) Economic consequences.
(vi) Design or construction rarity.
(vii) Consistency with the city of North Bend comprehensive plan.
(c) Relocated designated landmarks shall remain in the designated landmarks register unless removed under the provisions of NBCC 15.16.085.
(d) Demolished designated landmarks shall be removed from the designated landmarks register under the provisions of NBCC 15.16.085.
(6) Time Limits. See NBCC 18.92.040, Time limit on a permit authorized under this title. (Ord. 2051 § 1, 2021)