The description and purpose of this overlay zone is to keep and protect features within the City that reflect the City's special and historical heritage in order to:
A. 
Safeguard the City's heritage as embodied and reflected in such features;
B. 
Encourage public awareness and knowledge of the City's history and culture;
C. 
Foster pride and a sense of identity with Happy Valley as a place;
D. 
Identify and resolve conflicts between the preservation of cultural resources and alternative land uses.
(Ord. 389 § 1(Exh. A), 2009)
The review of applications identified in this section shall be conducted by the Planning Commission or, if necessary, the City Council.
(Ord. 389 § 1(Exh. A), 2009)
A. 
The Historic Properties Overlay Zone shall be applied to specific features through the plan amendment process.
B. 
An inventory of cultural/historical features shall match that of the Oregon State Historic Preservation Office inventory. Each feature shall be evaluated according to subsection C of this section and classified as either "worthy of protection" or "not worthy of protection."
C. 
A decision of the Planning Commission to designate a feature "worthy of protection" shall be accompanied by findings which include:
1. 
A brief description of the resource;
2. 
Whether the feature:
a. 
Exemplifies or reflects special elements of the City's history;
b. 
Is identified with persons or events significant in local history;
c. 
Embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship;
d. 
Is included in the official register of the Oregon State Historic Preservation Office inventory of historic and cultural resources;
e. 
Is owned or controlled by a public, semipublic or not-for-profit entity; or
f. 
Has already received significant effort to preserve, restore and/or maintain.
(Ord. 389 § 1(Exh. A), 2009; Ord. 550 § 1, 2020)
When a resource is designated by the City, the structure or feature shall be encumbered with a Historic Properties Overlay Zone designation.
(Ord. 389 § 1(Exh. A), 2009)
A. 
Any alteration of the exterior of a designated historic feature, or any relocation of such a resource, shall be reviewed by the Planning Commission.
B. 
No development permit shall be issued for exterior alteration or relocation of any designated feature or any potential resource which is under consideration for designation while a public hearing or any appeal thereof is pending.
C. 
No demolition of any designated feature or any potential resource shall occur unless approved by the City Council in an advertised public hearing. (See subsection 16.33.050(E) of this section.)
D. 
Approval of a development permit to alter the exterior of or relocate a designated feature shall be based on findings of adherence to the following guidelines:
1. 
Retention of Original Construction. All original exterior details shall be preserved unless economic unfeasibility can be demonstrated. Where possible, original exterior materials shall be preserved;
2. 
Height. Additional stories (vertical additions) may be added to historic buildings provided:
a. 
The added height complies with requirements of the LDC;
b. 
The added height does not exceed that which was traditional for the style of the building;
c. 
The added height does not alter the traditional scale and proportions of the building style;
d. 
The added height is visually compatible with any historic building which is adjacent or within 250 feet in any direction.
3. 
Bulk. Horizontal additions may be added to historic buildings provided:
a. 
The bulk of the addition does not exceed that which was traditional for the building style;
b. 
The addition maintains the traditional scale and proportion of the building style;
c. 
The addition is visually compatible with any historic building which is adjacent or within 250 feet in any direction.
4. 
Visual Integrity of Structure. The lines of columns, piers, spandrels or other primary structural elements shall be maintained so far as is practicable;
5. 
Scale and Proportion. The scale and proportion of altered or added building elements and the relationship of voids to solids (window to wall) shall be visually compatible with the traditional architectural character of the historic building;
6. 
Material, Color and Texture. The materials, colors and textures used in the alteration or addition shall be visually compatible with the traditional architectural character of the historic building;
7. 
Signs and Lighting. Signs, lighting and other artificial or nonoriginal appurtenances shall be avoided where possible. However, use of such signs, lighting and other artificial or nonoriginal appurtenances, plus walls, fences, awnings and landscaping, shall be visually compatible with the traditional architectural character of the historic building.
E. 
Removal of a designation or approval of a permit to demolish a designated historic feature shall be based on findings of adherence to the following:
1. 
Compelling evidence that the original designation was in error;
2. 
The resource has ceased to exist or is no longer of significance to the public, based on a reevaluation of the criteria in Section 16.33.030 or
3. 
The property owner is bearing an unfair economic burden to maintain the historic or cultural resource. If the City Council finds evidence of the latter criterion (economic burden), it shall continue the hearing on the matter to a date certain no longer than 120 days from the date the application was accepted. During this period, the City shall explore all reasonable means of protecting the resource, including exploring informational and financial assistance for the property owner or public or private acquisition and/or relocation. If, by the second hearing date a method has not been found assuring the protection of the resource, and the application has not been withdrawn, it shall be approved. If alteration or demolition of the resource is intended, a condition of approval shall be that insofar as feasible and as funds are available, the City shall obtain a pictorial and graphic history of the resource, and artifacts from the resource it deems worthy of preservation.
(Ord. 389 § 1(Exh. A), 2009)