§ 16-80. Application and review.

(a)

Applicability of procedures. The procedures established by this section are applicable to all actions taken under the authority of this chapter unless specifically established otherwise. All actions for exterior alteration, removal or demolition of a historic resource or new construction within a historic district shall be initiated by submission of a request for a certificate of appropriateness, in a format provided by the city.

(b)

Authorization of actions. Any action required or authorized under the terms of this chapter may be initiated by the City Council, the Historic Preservation Commission, or by any other interested person. Initiations by the city are made without prejudice towards the outcome.

(c)

Submission of application. Applications for review by the Commission must be submitted at least 30 days in advance of the next regularly scheduled public meeting of the Historic Preservation Commission unless waived by the city when legal notice can otherwise be achieved. All documents or evidence relied upon by the applicant shall be submitted to the city and made available to the public at least 20 days prior to the meeting date. If additional documents, evidence or written materials are provided in support of a quasi-judicial application less than 20 days prior to the public hearing, any party shall be entitled to a continuance of the hearing. Such a continuance shall not be subject to the limitations of ORS 227.178.

(d)

Method of review. Requests for designation of a historic district or for demolition of a historic resource shall be heard by the Commission at a public hearing. Notices shall be sent to all interested persons at least 20 days prior to the hearing. All other actions shall be reviewed by the Commission at a public meeting after which interested persons shall be notified in writing of the findings and decision of the Commission, and the right to have the matter reconsidered by the Commission at a public hearing. An interested person shall not be entitled to an appeal before the City Council of any determination by the Commission until after a public hearing has been held in accordance with the provisions of this subsection.

(e)

Relationship to other land use reviews. Projects which require an historic review may also require other land use reviews. If other reviews are required, the review procedures may be handled concurrently.

(f)

Decision. All decisions, whether to approve or deny the request, must be in writing and must specify the basis for the decision.

(g)

Appeals. Any interested person may, within 15 days from the date of a final decision, appeal a decision of the Historic Preservation Commission to the City Council by filing a written notice of appeal. The filing of such notice shall have the effect of suspending any challenged permits pending final determination by the City Council. Upon receipt of the notice, a public hearing shall be set for the next regular City Council meeting which is at least 30 days from the date of receipt of the notice.

(Prior Code, § 27.015; Code 2006, § 15.8.5; Ord. No. 1254, § 1(part), 1992)