Chapter 18.160
HISTORIC BUILDINGS AND SITES
Sections:
18.160.030 Designation of historic landmarks.
18.160.040 Maintenance and repair of architectural features.
18.160.050 Historic alteration permit.
18.160.060 Withdrawal of landmark designation.
18.160.010 Purpose.
For the purpose of promoting the historic, educational, cultural, economic and general welfare of the public through the preservation, restoration and protection of buildings, structures and appurtenances, sites, places, and elements of historic interest within the City of Monmouth. (Added by Ord. 1299, November 15, 2011. Code 1983 § 100.005.)
18.160.020 Definitions.
In addition to the definitions set forth in MCC 18.45.010, for the purposes of carrying out the intent and purposes of this chapter, words, phrases and terms, as used herein, shall be deemed to have the meaning ascribed to them in this section. To the extent that the definition of a word or phrase in this section differs from the definition of the same or a similar word or phrase in MCC 18.45.010, the definition set forth in this section shall control for the purpose of carrying out and applying the terms and provisions of this chapter.
“Alteration” shall mean the significant or material addition to, removal of or from, or physical modification or defacing of any exterior part or portion of a historic landmark, identified building or object.
“Archaeological significance” shall mean a site that has potential to yield information significant in prehistory or history.
“Architectural significance” shall mean that the building:
(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 or specimen;
(c) Is the work of an architect or master builder whose individual work has influenced the development of the City; or
(d) Contains elements of architectural design, detail materials or craftsmanship which represent a significant innovation.
“Commission” shall mean the Monmouth Historic Commission.
“Cultural significance” shall mean associated with and illustrative of broad patterns of the development of music, literature, civilization, the arts in the community, State or nation.
“Demolish” shall mean to raze, destroy, dismantle, or in any other manner cause ruin of a designated landmark.
“Exterior” shall mean any portion of the outside of a historic landmark.
“Historic alteration permit” shall mean written authority granted by the City for exterior alteration of a historic landmark.
“Historic landmark” shall mean a building, structure, object, or site of historic, architectural, archaeological, or cultural significance as shall be designated by the Commission.
“Historic resource(s)” shall mean a building, site, object or structure of architectural, historic, cultural or archaeological significance.
“Historic significance” shall mean that the building is at least 50 years old and:
(a) Has character, interest or value as part of the development, heritage or cultural characteristics of the City, 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; or
(d) Exemplifies the cultural, political, economic, social or historic heritage of the community. (Added by Ord. 1299, November 15, 2011. Code 1983 § 100.010.)
18.160.030 Designation of historic landmarks.
(1) Proceedings for designation of a historic landmark within the City may be initiated by the Commission or owner of the property on which the historic landmark is located. Applications for designation shall be upon a form provided by the City and shall be filed with the City Planner. No historic resource shall be designated as a historic landmark without the written consent of the owner, or in the case of multiple ownership, a majority of the owners.
(2) Designation of a historic landmark is a Type II procedure as set forth in Chapter 18.10 MCC, Land Use Actions.
(3) A historic landmark may be designated if it meets one of the definitions set forth for archaeological significance, architectural significance, historic resource(s), or historic significance in MCC 18.160.020, and the Commission finds that the historic resource is 70 percent or more architecturally the same or essentially the same as originally constructed. (Added by Ord. 1299, November 15, 2011. Code 1983 § 100.015.)
18.160.040 Maintenance and repair of architectural features.
Nothing in this title shall be construed to prevent the ordinary maintenance or repair of any exterior architectural features of a historic landmark which do not involve a material change in design, material or the outward appearance thereof, nor to prevent the construction, reconstruction, alteration or demolition of such feature which the City’s Building Official may certify as required by the public safety, nor exterior painting. (Added by Ord. 1299, November 15, 2011. Code 1983 § 100.020.)
18.160.050 Historic alteration permit.
(1) No person may significantly or materially alter the exterior of any structure designated as a historic landmark in such a manner as to significantly affect its exterior appearance without issuance of a historic alteration permit. No building or other permit shall be granted for any such purpose until a historic alteration permit has been issued.
(2) Application for a historic alteration permit shall be filed with the City Planner. Upon receipt of an application, the City Planner shall forward a copy to the Building Official. The Planner shall approve a historic alteration permit if the Planner determines that there will be no significant effect to the exterior appearance of the existing building.
(3) If the City Planner determines that there will be a significant effect to the appearance of the building, the Planner shall refer the matter to the Commission for their review as a Type I action procedure as set forth in Chapter 18.10 MCC, Land Use Actions.
(4) An application for a historic alteration permit referred by the Planner shall be considered by the Commission at the Commission’s next regularly scheduled meeting. Failure of the Commission to reach a decision within 60 days from the date the application is filed with the Planner shall result in automatic approval of the application unless the lapse of the 60-day period is caused by the failure or refusal of the applicant to provide requested information to the Planner or the Commission.
(5) The Commission shall, in reviewing an application for a historic alteration permit, consider the following guidelines:
(a) The removal or alteration of any historic material or distinctive architectural feature should be avoided.
(b) Alterations that have no historical basis, or which seek to create an earlier or later appearance inconsistent with the age or type of the structure sought to be altered, should be discouraged.
(c) Changes in a structure which have taken place over time and which have acquired significance in their own right within the meaning of MCC 18.160.020 (“historic significance”) should be protected.
(d) Deteriorated architectural features should be repaired rather than replaced. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities.
(e) Repair or replacement of missing architectural features should be based on accurate duplication of the feature, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of architectural elements from other structures.
(f) Contemporary design for alterations or additions to existing properties should be discouraged unless such alteration and additions will not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.
(g) New additions or alterations should be done in such manner that if the additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
(h) Alterations or additions should not significantly alter the character of the site or potential archaeological resource.
(6) A decision by the Commission to approve, approve with conditions, or deny an application for an historic alteration permit shall be based upon the following criteria:
(a) The extent to which the state of repair of the structure creates a need for the alterations. An alteration required because of a defect or deterioration in the structural or environmental systems of the historic resource shall be given greater deference than an alteration for cosmetic purposes;
(b) The cost of complying with the guidelines in subsection (5) of this section as compared to the cost of the alteration as proposed by the applicant shall not cause an undue hardship on the applicant; and
(c) The significance and integrity of the historic resource and the degree of impact of the proposed alteration.
(7) The Commission may attach conditions to the approval of a historic alteration permit in order to mitigate the impact of an alteration on an historic resource. Conditions may address, but shall not be limited to:
(a) Design;
(b) Material;
(c) Location;
(d) Scale;
(e) Size; and
(f) Style.
(8) Nothing in this section prevents the construction, reconstruction, alteration, restoration, demolition, or removal of any exterior architectural feature or any property designated a historic landmark when the Building Official, State Fire Marshall, or the Polk County Fire District No. 1 Fire Chief determines that such emergency action is required for the public safety due to unsafe or dangerous conditions. Prior to such emergency action, the City Planner shall be notified. (Added by Ord. 1299, November 15, 2011. Code 1983 § 100.030.)
18.160.060 Withdrawal of landmark designation.
(1) The Commission or owner of the property on which a historic landmark is situated may initiate proceedings for the withdrawal of a historic landmark designation. Applications for such withdrawal shall be filed with the City Planner.
(2) A Commission-initiated withdrawal of a historic landmark designation is a Type II procedure as set forth in Chapter 18.10 MCC, Land Use Actions.
(3) The Commission may withdraw a historic landmark designation if the Commission finds:
(a) The historic landmark no longer meets the definitions set forth for archaeological significance, architectural significance, historic resource(s), or historic significance in MCC 18.160.020;
(b) The historic landmark has been moved or destroyed; or
(c) The original landmark designation was clearly in error.
(4) If the property owner requests that the historic landmark designation be removed, the City Planner shall withdraw the historic landmark designation and notify the Commission of the request. (Added by Ord. 1299, November 15, 2011. Code 1983 § 100.040.)
18.160.070 Demolition.
(1) No landmark shall be demolished or destroyed, in whole or in part, except for purposes of archaeological research, without prior approval, given after notice and public hearing, by the Commission.
(2) A request to demolish or destroy a historic landmark is a Type II procedure as set forth in Chapter 18.10 MCC, Land Use Actions.
(3) The Commission may approve an application for demolition or destruction of a historic landmark only if the Commission finds:
(a) That such a historic landmark is, by reason of structural or economic obsolescence or decay, no longer reasonably suited for its original class of use, and the historic landmark cannot economically or reasonably be removed to another site for the purpose of preservation; or
(b) The value to the community of the proposed use of the property outweighs the value of retaining the historic landmark.
(4) At the hearing of an application to relocate or demolish a historic landmark, the Commission may, in the interest of exploring reasonable alternatives, delay issuance of a permit for up to 120 days from the date of the hearing.
(5) If a historic landmark designation has been removed at the property owner’s request as specified in MCC 18.160.060(4), a demolition permit or building permit to alter the exterior of the building shall not be issued for at least 120 days from the date the property owner requests removal of the historic landmark designation. (Added by Ord. 1299, November 15, 2011. Code 1983 § 100.050.)