10.188 Historic Review.
The Historic Review process is hereby established to assure compliance with the Historic Preservation Overlay, Sections 10.401 through 10.407, the Oregon Administrative Rules, Oregon Revised Statutes, and to achieve consistency with The Secretary of the Interior’s Standards for the Treatment of Historic Properties.
(1) An application for Historic Review is required in the following instances:
(a) To request addition to or removal from the Historic Preservation Overlay for any area, parcel, or portion thereof. The property owner, Planning Director, Landmarks and Historic Preservation Commission, or City Council may request initiation of proceedings to change the extent of the Historic Preservation Overlay.
(b) For proposed exterior alteration and/or new construction within an Historic Preservation Overlay.
(c) Prior to application for a demolition or relocation permit for all or part of a building, structure, object or site in an Historic Preservation Overlay.
(2) Historic Review of proposed exterior alteration and/or new construction is required irrespective of whether a building permit or a development permit is required. Historic Review final actions shall be taken prior to application for a building permit or proceeding with work that does not require a permit.
(3) Historic Review, Approval Criteria. Approval of Historic Review applications shall require findings that the proposal is consistent with the indicated approval criteria:
(a) Changes to the Historic Preservation Overlay. The extent of the Historic Preservation Overlay may be changed to include a historic resource other than those specified in Section 10.402 (1), (2), and (3) through a Type III Historic Review process if findings can be made substantiating that the proposal is consistent with the criteria below:
(i) It has been demonstrated that the designation of the historic resource is consistent with the purposes of the Historic Preservation Overlay in Section 10.401; and,
(ii) It has been demonstrated that the designation of the historic resource is appropriate, considering the historic value of the resource and any other conflicting values, and will not result in a loss of substantial beneficial use of the property; and,
(iii) It has been demonstrated that the historic resource has a significance rank of “primary” or “secondary” on an historical survey conducted in conformance with the standards of the Oregon State Historic Preservation Office; or, the historic value of the resource has sufficient local significance to merit designation as a Local Historic Resource.
(b) Exterior Alteration and/or New Construction. The Landmarks and Historic Preservation Commission shall approve a Historic Review application for exterior alteration and/or new construction within an Historic Preservation Overlay after consideration during a public hearing, if findings can be made substantiating that the proposal is consistent, or can be made consistent through the imposition of conditions, with all of the following criteria:
(i) It has been demonstrated that the proposed exterior alteration and/or new construction is consistent with the purposes of the Historic Preservation Overlay in Section 10.401; and,
(ii) It has been demonstrated that the proposed exterior alteration and/or new construction will preserve the historic character, form, and integrity of the historic resource; and,
(iii) It has been demonstrated that the proposed exterior alteration and/or new construction is consistent with the most current version of the The Secretary of the Interior’s Standards for the Treatment of Historic Properties; and,
(iv) It has been demonstrated that the proposed exterior alteration and/or new construction is compatible with the historical and architectural style of the historic resource, of adjacent historic properties, and of the historic district within which it is located, if any. Assessment of compatibility may include consideration of the design, arrangement, proportion, detail, scale, color, texture, and materials, and the way new features will be differentiated from the old; and,
(v) It has been demonstrated that the proposed exterior alteration and/or new construction is consistent with all other applicable provisions of this Code.
(c) Minor Historic Review. Within Historic Preservation Overlay Districts, certain exterior alterations may be approved by the Planning Director as a Type I land use action when the proposal is in conformance with the applicable standards of this section. Any proposal that is determined by the Planning Director to not be in conformance with the applicable standards shall be subject to Historic Review by the Landmarks and Historic Preservation Commission as per Section 10.188(3)(b). Applications for Minor Historic Review shall be limited to the following:
(i) Exterior Paint Colors. Changes in exterior paint colors shall be approved when the new paint colors are selected from the adopted color palette which is available at the Planning Department. No more than three individual colors, hues, or tones may be selected from the adopted color palette.
(ii) Residential Fencing. Fences may be added to sites in residentially-zoned Historic Preservation Overlay Districts, and to sites within the Downtown Historic District that contain a legal or non-conforming residential structure, in accordance with the following:
(A) Fencing that is not visible from the public right-of-way (excluding alleys) is not restricted in the use of materials, and is exempt from historic review.
(B) Materials – fencing that is visible from the public right-of-way (including alleys) shall be constructed of wood, metal (wrought iron, aluminum, or steel), rusticated stone, or brick. Chain link, vinyl, and synthetic/composite wood fencing is prohibited.
(C) Fencing shall be in accordance with Section 10.732, Fencing of Lots.
(iii) Residential Roofing. Changes in roofing materials in residentially-zoned Historic Preservation Overlay Districts, and to sites within the Downtown Historic District containing a legal or non-conforming residential structure, shall be approved when in conformance with the following:
(A) Materials – the following roofing materials are permitted:
1. Wood shakes and shingles.
2. Architectural grade fiberglass composition (asphalt) shingles.
3. Asphalt/multi-layer asphalt shakes.
(B) Design – changes in roofing materials shall meet the following design criteria:
1. Use of straight-cut “butt” end shingles, or shake profiles only. Fancy pattern end cut shingles may be used when they replicate the historically documented roofing character of the subject property.
2. Use of a single color/pattern.
3. Use of high-profile ridge or edge treatments is not permitted unless it replicates the historically documented roofing character of the subject property.
(iv) Signage. New signage shall be approved when in conformance with the following:
(A) Sign Types and Area – the type of sign and the aggregate sign area shall be within the allowances of the zoning district and/or overlay district of the subject property, as outlined in Article VI of this chapter.
(B) Placement - signage shall be installed within appropriate “sign areas” as defined by the architecture of the building façade (see Figure 10.188-1 for guidance).
1. No sign shall be placed or located so as to obscure or cover a vertical architectural element such as a column or pilaster.
2. Signage shall fit entirely within a building’s horizontal divisions.
3. Where no architectural divisions exist or are evident, signage shall be proportionately scaled to the façade and placed to respect window and door openings.
4. No sign shall cover the entire width of any façade.
5. On masonry buildings, signs shall be attached into mortar joints, not into masonry, with sign loads properly calculated and distributed.
6. The bottom edge of projecting signs shall be set a minimum of 7 feet above the sidewalk, and any projecting sign proposed to be located within the clear vision triangle as defined in Section 10.735, must be reviewed and approved by the Public Works Director or their designee for compliance with that section.
7. Projecting signs shall not be permitted within two feet of the face of curb or a streetlight, and shall not interfere with any traffic sign or device.
Figure 10.188-1. Sign placement guidance.
(C) Materials – signage shall be constructed from the following:
1. Metal (iron, steel, brass, copper, aluminum, and other natural finishes)
2. Painted metal, including powder coated or enameled metals
3. Wood (painted or natural, including carved or sand-blasted lettering)
4. Vinyl or other sheet claddings (for backing panels or cut lettering only)
5. Glass
6. Fiberglass, high-density foam, and similar “cast” or formed materials to create three-dimensional objects, including individual lettering.
(D) Illumination – the following types of sign illumination are permitted. Internally illuminated signs are prohibited.
1. Exposed neon (or LED) tubing
2. Exposed incandescent bulbs
3. Indirect illumination (e.g. gooseneck fixtures)
4. Back lit/Halo lit
(v) Awnings. Changes in awning fabric materials shall be approved when there is no change in the shape of the existing awning frame, and if the new fabric is either solid or striped and the fabric colors are chosen from the adopted color palette which is available at the Planning Department.
(vi) Modification of Non-Contributing and Non-Historic Buildings. Certain modifications to the exterior of Non-Contributing and Non-Historic buildings within the Historic Preservation Overlay District shall be approved when in conformance with the following.
(A) Windows – changes to existing windows are permitted as follows:
1. Windows dating from the historic period of significance shall, if possible, be retained and repaired or restored.
2. Replacement windows shall be of the same proportions and configuration as the existing windows being replaced.
3. Glass block, tinted, mirrored, opaque, or colored glass is not permitted unless it is the historic glazing type.
(B) Doors – replacement of doors is permitted as follows:
1. Doors dating from the historic period of significance shall, if possible, be retained and repaired or restored.
2. Replacement doors shall be of the same proportions and configuration as the existing doors being replaced.
(C) Mechanical Equipment and Service Areas – The addition and/or replacement of mechanical equipment, including, but not limited to, heating and cooling systems, and solar panels, and service areas, including, but not limited to trash receptacle enclosures, is permitted as follows:
1. Mechanical equipment shall be concealed from view in accordance with Section 10.782.
2. New skylights and vents shall be placed behind and below the parapet level so they are not visible from the right-of-way.
3. Service areas shall be concealed from view in accordance with Section 10.781
(d) Demolition and Relocation. The Landmarks and Historic Preservation Commission shall temporarily delay issuance of a demolition or relocation permit for all or part of a building, structure, object or site in an Historic Preservation Overlay, unless, during a public hearing:
(1) It is demonstrated that a temporary suspension of the demolition or relocation permit would not aid in avoiding the demolition or relocation of the historic resource; in informing the owner of the benefits of renovation; nor in pursuing public or private acquisition or restoration; and,
(2) In the case of a demolition, it is demonstrated that there is no practical opportunity to relocate the historic resource to another site, nor to salvage historic or architectural elements; and,
(3) It is demonstrated that the proposed demolition or relocation would not adversely affect the protection, enhancement, perpetuation, improvement, or use of any historic district or other historic resource; and,
(4) It is demonstrated that the benefits of protecting the historic resource no longer outweigh the benefits of allowing the demolition or relocation.
(e) Temporary Suspension of a Demolition or Relocation Permit.
(1) In the case of temporary suspension of a demolition or relocation permit by the Landmarks and Historic Preservation Commission, issuance of the permit shall be delayed for a period of 120 days from the date of application for Historic Review or for the demolition or relocation permit, whichever is earlier.
(2) The Landmarks and Historic Preservation Commission may invoke an extension of the suspension period for an additional period not exceeding 90 days if it determines during a subsequent public hearing that there is a program underway that could result in public or private acquisition, or preservation or restoration of such building, structure, object, or site, and that there are reasonable grounds to believe that such a program will be successful.
(3) During the period of suspension, no permit shall be issued for demolition or relocation, nor shall any person demolish or move the building, structure, object, or site.
(4) At the end of the suspension period, if all such programs have been unsuccessful, the Medford Building Safety Director shall issue a demolition or relocation permit as long as the application otherwise com-plies with all other city ordinances.
(4) Historic Review, Conditions of Approval. In approving a Historic Review application, the Landmarks and Historic Preservation Commission may impose conditions necessary to ensure compliance with the standards of this Code and the criteria in this section, and to otherwise protect the health, safety and general welfare of the surrounding area and community as a whole. These conditions may include, but are not limited to the following:
(a) Limiting the number, height, location and size of signs;
(b) Requiring the installation of appropriate public facilities and services and dedication of land to accommodate public facilities when needed;
(c) Limiting the visibility of mechanical equipment through screening or other appropriate measures;
(d) Requiring the installation or modification of irrigated landscaping, walls, fences or other methods of screening and buffering;
(e) Limiting or altering the location, height, bulk, configuration or setback of buildings, structures and improvements;
(f) Requiring the improvement of an existing, dedicated alley which will be used for ingress or egress for a development;
(g) Controlling the number and location of parking and loading facilities, points of ingress and egress and providing for the internal circulation of motorized vehicles, bicycles, public transit and pedestrians;
(h) Requiring the retention of existing natural features;
(i) Modifying architectural design elements including exterior construction materials and their colors, roofline, fenestration and restricting openings in the exterior walls of structures;
(j) Restricting the height, directional orientation and intensity of exterior lighting.
(5) Historic Review Approval, Expiration.
(a) Approval of a Historic Review application shall take effect on the date the final order for approval is signed, unless appealed, and shall expire two years from the effective date. Within two years following the effective date, issuance of building permit for vertical construction must have occurred or an extension of the approval shall be necessary. If a request for an extension of a Historic Review application approval is filed with the Planning Department within two years from the effective date, the Landmarks and Historic Preservation Commission may grant an extension not to exceed one additional year if based upon findings that the facts upon which the Historic Review application was first approved have not changed to an extent sufficient to warrant re-filing of the application.
(b) When it is the developer’s intent to complete an approved project in phases, the Landmarks and Historic Preservation Commission may authorize a time schedule for the issuance of building permits for a period exceeding two years, but in no case shall the total time period for the issuance of building permits be greater than five years without having to re-submit a new application for Historic Review. Phases developed after the passage of two years from approval of the Historic Review application shall be required to modify the plans if necessary to avoid conflicts with changes in the Comprehensive Plan or this chapter.
(6) Major Revisions or Amendments to Historic Review Approval. Major revisions or amendments to plans approved through Historic Review shall require re-application.
(7) Issuance of Building Permits Consistent with Historic Review Approval.
(a) All applications for a building permit, wherein Historic Review has been required, shall be consistent with the plans as approved and all conditions of approval imposed thereon and shall be accompanied by an accurate and correct plan.
(b) Security for Completion of Public Improvements: If all required public improvements, as specified in the conditions of Historic Review approval, have not been satisfactorily completed before issuance of a building permit, the developer shall enter into a written agreement (provided by the City) to secure full and faithful performance thereof, according to Sections 10.666 and 10.667(1) respectively.
(8) Historic Review Application Content. An application for Historic Review shall include the information and materials listed below:
(a) Application form.
(b) All information requested on the application form.
(c) Findings of fact demonstrating compliance with the approval criteria in Section 10.188, Historic Review, Approval Criteria.
(d) Appropriate fee. In addition to that listed, the City may require the applicant to submit additional information deemed necessary to take action on an application in accordance with this Code and applicable State laws.