10.20.080 Demolition or Moving of Historic Structures.
The following regulations apply to the demolition and moving of contributing and noncontributing historic resources:
A. The owner shall apply for approval to demolish or move a historic resource to the City of Bend. A pre-application meeting with the City is required.
B. At least 30 days prior to submitting an application to move or demolish a designated historic resource, the applicant shall provide mailed notice of the intended demolition or removal to the Deschutes County Historical Society and State Historical Preservation Office. The letters shall include the historic name of the resource, the date of construction or significant event associated with the property, a statement of its cultural or historic significance, and the reason for the proposed removal or demolition. Copies of the two mailed notices shall be submitted by the applicant with the demolition or removal application.
C. As part of the pre-application meeting, staff will provide the applicant information regarding financial incentives for historic preservation and adaptive reuse projects including but not limited to the Oregon Special Assessment Program, donations of facade easements, the Federal Investment Tax Credit, the “Preserving Oregon” grants, the “Preserving America’s Treasures” grants and special provisions in the International Building Code and International Existing Building Code available for designated historic resources. The applicant shall acknowledge in writing that he/she is aware of the above incentives.
D. At least 30 days before submitting an application for demolition or removal of a historic structure, the applicant shall post a notice on the property notifying the public that the applicant is considering applying to move or demolish a historic structure. The notice shall also invite purchasers and tenants to make written offers to purchase and/or rent the structure. The notice posted on the property shall be placed at a conspicuous location easily visible from the adjacent street. A copy of the notices shall be submitted with the removal or demolition application.
E. An application to move or demolish a historic resource shall contain the following information, if available:
1. The first list of submittal requirements applies to all historic resources, both contributing and noncontributing resources.
a. Proof of ownership of the property.
b. Whether or not the structure could be adaptively reused.
c. Records of how the structure has been used over time.
d. Date property was acquired and status of the property under this chapter at the time of acquisition, e.g., whether the property had been designated as a historic resource.
e. Statement of the necessity of the action requested.
f. Whether or not there is a viable economic or public use for the structure as it exists.
g. Alternatives to the requested action that have been studied.
h. Records of the current owner’s efforts to maintain and rehabilitate the structure in the past five years or since purchasing the structure, if ownership has been for a period of less than five years.
i. The information used in the original designation of the property or structure as a historic resource as filed in the Deschutes County Historical Landmarks Commission Historic Sites file or applicable National Register of Historic Places nomination.
j. Evidence of structural maintenance including maintenance records for the past five years or since the current owner purchased the building, and whether the current owner has neglected the structure thereby deliberately leading to demolition by neglect.
k. Records of applications for any available historic preservation or energy efficiency grants or tax incentives.
l. Whether or not the structure poses a threat to the public health or is a safety or fire hazard and whether or not there is a technically feasible means of alleviating the public health, safety, or fire hazard.
m. Current photographs of the structure and its setting showing all exterior sides of the structure.
2. The following applies to contributing resources only:
a. Records of efforts to sell the property during the past 18 months to a party interested in preserving or adaptively reusing the structure.
b. Records of advertisements for tenants for the structure.
c. Evidence prepared by parties of comparable lease or rental rates for the structure.
d. Architectural plans and construction drawings of the historic structure.
e. Copies of all attempts to market the property, such as advertisements, notices, and news articles in magazines, newspapers, and the local historical society newsletter.
f. Evidence that the owner(s) are willing to consider in good faith, in the interest of preserving the structure, all reasonable offers to purchase, rent or lease the property and whether the owners have made a good faith effort to locate a tenant or a buyer for the property.
g. Reports of registered structural engineers, registered architects or historic preservation contractors with historic preservation experience about the feasibility of rehabilitation, restoration or an adaptive reuse project.
h. The importance of the historic structure to the identity of the neighborhood and the importance to the appearance of the built environment and architectural diversity and texture of Bend.
F. The Landmarks Commission shall make a decision on whether a resource may be demolished or moved based on the following criteria:
1. The request is consistent with relevant State Administrative Rules and statutes; and
2. The request is consistent with relevant General Plan policies; and
3. There is no viable economic alternative to demolition.
G. The Commission may attach conditions to the decision regarding historic artifacts and/or regarding the future development of the location if other historic resources will be affected by the proposed development.
H. If the City approves the application for demolition, a building permit may not be issued until all appeals have been exhausted or waived.
I. The Building Division shall notify the Landmark Commission staff of abatement of dangerous buildings involving historic structures. Landmark Commission staff may work with property owners to remedy the cause for the abatement notice. The Building Division shall entertain requests for extensions of time in processing such abatements to enable the property owner to remedy such dangerous conditions; provided, that the public safety is maintained.
J. The same procedures as stated in this section for demolition shall apply to moving a building or structure. The setting is an important component of the historical context. The site to which the building or structure is moved shall be as similar as is possible to the original setting.
K. When the Landmarks Commission approves the demolition of a historic resource inventoried in the Bend Area General Plan it shall make a recommendation to the City Council regarding whether or not the landmark or historical status should be removed from the General Plan. In making this recommendation the Commission shall consider the following factors among others: the historic resource was part of an ensemble designated as a historic landmark; or the site of the historic resource itself was designated as a significant feature of a historic landmark; or other buildings, structures, or objects on the property are historic resources.
L. Notice of the demolition of a historic resource shall be given to the State after the resource is removed.
M. If a designated historic resource is to be demolished, if it is practical and if funds are available, the Landmarks Commission shall keep a pictorial and graphic history of the historic building or site and obtain artifacts from the building or site which it deems worthy of preservation. [Ord. NS-2236, 2015; Ord. NS-2226, 2014; Ord. NS-1970, 2005. Formerly 10.20.110 – 10.20.130]