Chapter 17.365
CULTURAL RESOURCES

Sections:

17.365.010    Purpose.

17.365.020    Development, alteration, or demolition of cultural resources.

17.365.030    Hearing.

17.365.040    Decision.

17.365.050    Waiting period.

17.365.060    Conditions.

17.365.070    Maintenance and repair.

17.365.010 Purpose.

The recognition, protection, enhancement, recovery, and adaptive use of cultural resources embodying Coos Bay’s historical heritage can improve civic identity and add cultural and educational enrichment. The purpose of the following regulations is to:

(1) Identify as early as possible and resolve conflicts between the preservation of cultural resources and alternative land uses.

(2) Promote the continued use of historic buildings without detrimentally affecting their significance.

(3) Enhance the visual character of the city by encouraging the renovation of historic structures.

(4) Foster public appreciation and a sense of community identity based on the beauty and heritage of the city.

(5) Protect and enhance the city’s attraction to residents, tourists, and visitors. [Ord. 93 § 5.15.1, 1987].

17.365.020 Development, alteration, or demolition of cultural resources.

(1) General. Any property identified as a cultural resource shall not be developed, altered, remodeled, relocated, or demolished if this activity will detrimentally affect the significance of the resource. This section sets forth the procedure to determine the site’s significance and to weigh a conflict between conservation and alteration or removal before approval of any such activity.

(2) Application. Prior to the issuance of any general or specific development permit, the property owner or authorized agent shall submit to the public works and development department, as applicable:

(a) Property legal description.

(b) Plans or drawings showing the property and existing building dimensions and the character or details of the exterior, structural alterations (including additions), and, if a demolition is planned, the proposed use of the site.

(c) Statement explaining why the resource should or should not be preserved or protected. Supporting evidence from a qualified resource specialist is encouraged.

(d) If a demolition is proposed, a statement from the State Historic Preservation Office about the resource’s value, and a structural survey by the building official.

(e) If an archaeological site will be disturbed, proof that the Coos, Siuslaw, and Lower Umpqua Tribal Council and the State Historic Preservation Office have been notified and given the opportunity to respond.

(3) Exception. A cultural resource permit shall not be required of a certified cultural resource if:

(a) The owner or agent has received a special assessment for historic properties from the State Historic Preservation Office; and

(b) The approval of special assessment includes a review of the proposed development, alteration, or remodel.

To be eligible for this exception, the owner or agent shall submit plans for the work and documentation that these plans have received state approval. If a development or building permit is issued for the work, the city shall assure that the work is completed in conformance with the state-approved plan. [Ord. 93 § 5.15.2, 1987].

17.365.030 Hearing.

A public hearing is required before development, alteration, or demolition of a cultural resource and shall be conducted in accordance with all provisions of Chapter 17.300 CBMC. [Ord. 93 § 5.15.3, 1987].

17.365.040 Decision.

The application shall be reviewed by the planning commission and they shall approve, conditionally approve, or deny it only after adopting findings of fact which substantiate pertinent conclusions. Unless already determined in the comprehensive plan or by a previous application, the commission shall determine the value of the resource and make findings for the criteria listed in subsection (1) of this section. If the commission finds that the resource is valuable and warrants some protection, this conclusion shall be weighed against the criteria of subsection (2) or (3) of this section.

(1) Cultural Resource Value. The commission must make findings to support at least one of the following conclusions:

(a) It exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, engineering, or architectural history; or

(b) It is identified with persons or events significant in local, state, or national history; or

(c) The resource is representative of the notable work of a builder, designer, or architect; or

(d) The resource embodies distinctive characteristics of a style, type, period, or method of construction or is valuable as an example of the use of indigenous materials or craftsmanship.

(2) Development, Alteration, or Relocation of a Structure. The commission must make findings to support the conclusion that the proposal is compatible with the character and value of the resource. The commission shall consider as applicable:

(a) Building coverage and height.

(b) Yards.

(c) Predominant architectural features and fixtures, appurtenances, or detailing.

(d) Building materials.

(e) Visual characteristics, such as paint color and surface texture, grading, surface paving, and landscaping.

(3) Demolition of a Structure or Disturbance of an Archaeological Resource. The commission must make findings to support all of the following conclusions:

(a) It is not feasible to maintain or preserve the resource.

(b) Feasible alternatives to the proposed activity have been explored.

(c) The proposed use of the site or resource is compatible with the zoning and current use of the land and its immediate surroundings. [Amended during 2008 recodification; Ord. 93 § 5.15.4, 1987].

17.365.050 Waiting period.

If a demolition or disturbance to an archaeological site is proposed, the commission may impose a waiting period up to 120 days to enable the applicant to seek other alternatives. If the demolition of a structure is proposed, the alternatives shall include but not be limited to:

(1) Public or private acquisition and restoration.

(2) Sale of the premises to a party capable of maintaining, restoring, or relocating the resource.

(3) Salvage of Significant Features. If a disturbance to an archaeological site is proposed, or a previously unknown or unrecorded archaeological site is encountered during the development, the alternatives shall include but not be limited to:

(a) Clustering development to avoid disturbing the resource.

(b) Designing the development so that the sensitive resource area is used for nonimpacting activities, such as storage, parking, or open space.

(c) If permitted pursuant to the requirements of state law, contracting with a qualified archaeologist to excavate the site and remove any cultural objects and human remains, reinterring the human remains in accordance with the wishes of Tribal Council.

(d) Using civil means to ensure adequate protection of the resources such as acquisition of easements, public dedications, or transfer of title.

At the next regularly scheduled commission meeting after the end of the waiting period, the commission shall reconsider evidence that alternatives were duly pursued and evaluate this information against the decision criteria (CBMC 17.365.040). [Ord. 93 § 5.15.5, 1987].

17.365.060 Conditions.

The planning commission may impose other conditions deemed to be necessary to ensure the value of the resource will be protected. These conditions shall be stated in terms that are specific and measurable so the applicant is fully aware of the intent and justification of the condition and how and when implementation is to be accomplished.

(1) These conditions may include those specified in Chapter 17.355 CBMC.

(2) File a pictorial or graphic record of the structure with the public works and development department before the substantial alteration or demolition. [Ord. 93 § 5.15.6, 1987].

17.365.070 Maintenance and repair.

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material, or external appearance. This chapter also shall not prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such feature if the building official certifies to the commission that such action is required for public safety by the State Structural Specialty Code. [Ord. 93 § 5.15.7, 1987].