17.14.120 Procedure for demolition or moving of a historic landmark.
A. Purpose. The purpose of reviewing requests for demolition or moving a historic landmark is to explore all possible alternatives for preservation. Demolition of historic landmarks is an extreme and final measure.
B. Initiation. Demolition or moving designated historic landmarks or demolition within a historic district may be initiated by affected property owners or their authorized agent who submit a complete application.
C. Demolition or Moving. A permit is required to move, demolish, or cause to be demolished any structure listed as a historic landmark or in a district.
D. Procedure. All requests for demolition or moving a historic landmark shall be reviewed by the Landmarks Board. The Landmarks Board shall conduct a quasi judicial hearing in accordance with the requirements of Chapter 17.09 of the Hood River Municipal Code taking into consideration the review criteria and public testimony.
E. Application. An application shall be made to the Planning Department using forms prescribed by the Planning Director. The Planning Director shall fix a date for a public hearing.
F. Review Criteria. In considering a proposal for demolition or relocation of a historic landmark, individually or within a district, the Landmarks Board shall have the authority to allow the demolition or relocation, allow partial demolition or relocation, or delay approval for an initial period not to exceed ninety (90) days from the date of the Board’s initial public hearing. If the Board acts to approve the request, in whole or in part, issuance of a permit and the commencement of the work shall be delayed for twenty (20) days after the Board’s approval to allow for the filing of appeals. In determining whether a demolition or moving permit shall be issued, the Landmarks Board shall consider the following:
1. The completed application form;
2. Information presented at the public hearing held concerning the proposed development;
3. The Hood River Comprehensive Plan;
4. The purpose of this ordinance;
5. The review criteria used in the original designation of the historic landmark or district in which the property(s) under consideration is situated;
6. The historical and architectural style including the general design; arrangement; materials of the historic landmark in question or its appurtenant fixture; the relationship of such features to similar features of the other historic landmarks, individually or within the district; and the structure’s position in relation to public rights-of-way and to other buildings and structures in the area;
7. The effects of the proposed application upon the protection, enhancement, perpetuation, and use of the historic landmark or district that cause it to possess a special character or special historical or aesthetic interest or value; and
8. Whether denial of the permit will involve substantial hardship to the property owner, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purpose of this Chapter.
G. Decisions. The Landmarks Board shall make decision within ten (10) days following the completion of the public hearing. For applications for demolition, the Landmarks Board may approve, approve with conditions, or invoke a stay of demolition. If the Landmark Board determines that a stay of demolition is appropriate, the City Council shall be promptly notified. If the City Council agrees that a stay of demolition is appropriate, the Hood River City Council shall apply to the Hood River County Circuit Court for a mandatory injunction prohibiting demolition. The length of stay shall be no more than ninety (90) days from the date of the public hearing. During the period, the Landmarks Board shall attempt to determine if public or private acquisition and preservation is feasible, or alternatives are possible that could be carried out to prevent demolition or removal of the historic landmark, individually or within a district.
1. Further stays of demolition may be imposed for a period not to exceed one hundred and twenty days (120) days from the date of the hearing, if the Landmarks Board finds:
a. There is a program or project underway that could result in public or private acquisition of the historic landmark; and
b. There are reasonable grounds for believing the program or project may be successful.
2. After granting a further postponement, the Landmarks Board may order the Planning Director to issue the permit if it finds:
a. All programs or projects to save the historic landmark have been unsuccessful;
b. The application for demolition or moving has not been withdrawn; and
c. The application otherwise complies with city ordinances and state law.
3. During the stay of demolition, the Landmarks Board may require the property owner to:
a. List the historic landmark in local and state newspapers of general circulation for a period of not less than sixty (60) days stating that the property shall be given away to parties interested in moving the historic landmark;
b. Give public notice by posting a hearing notice on site in addition to a sign, which shall read: “Historic Landmark to be Moved or Demolished Call City Hall for Information.” The sign shall be provided by the City and be posted in a prominent and conspicuous place within ten (10) feet of a public street abutting the premises on which the structure is located. The property owner is responsible for assuring that the sign is posted for a continuous sixty (60) day period;
c. Prepare and make available any information related to the history of the historic landmark; and
d. Assure that the property owner has not rejected a bona fide offer that would lead to the preservation of the historic landmark.
4. As a condition for approval of a demolition permit, the Landmarks Board may require one or more of the following:
a. Require photographic documentation, architectural drawings, and other graphic data or history as it deems necessary to preserve an accurate record of the resource. The historical documentation materials shall be the property of the City or other party determined appropriate by the Landmarks Board; and/or
b. Require that the property owner document that the Historic Preservation League of Oregon or other local preservation group had been given the opportunity to salvage and record the historic landmark.
H. Exemptions. The Planning Department shall issue a permit for moving or demolition if any of the following conditions exist:
1. The building is not designated compatible within an historic district;
2. The historic landmark has been damaged in excess of seventy percent (70%) of its previous value due to vandalism, fire, flood, wind, or other natural disaster; or
3. The Fire Marshall, Building Official or City Engineer determines that the demolition or moving is required for the public safety due to an unsafe or dangerous condition. Prior to the emergency action, the Landmarks Board shall be notified of such action.