City of Tigard, OR Chapter 18.755 Historic Resources

§ 18.755.010 Purpose.

The purpose of this chapter is to:

A. Facilitate the protection, enhancement, and perpetuation of historic resources that represent or reflect elements of the city's cultural, social, economic, political, and architectural history;

B. Enhance any registered historic or cultural resources designated in the city;

C. Stabilize and improve property values;

D. Strengthen the economy of the city;

E. Promote the use of historic resources for the education, pleasure, energy conservation, housing, and public welfare of the city; and

F. Implement the applicable provisions of Oregon Department of Land Conservation and Development Goal 5 and the City of Tigard Comprehensive Plan.

(Ord. 17-22 §2; Ord. 25-01, 1/28/2025)

§ 18.755.020 Applicability.

A. Designated areas. The Historic Resource Overlay zone applies to the following sites and areas:

1. Historic sites and areas;

2. Cultural sites and areas; and

3. Landmarks.

B. Designated activities. The provisions of this chapter apply to:

1. The designation of Historic Resource Overlay zones,

2. The removal of Historic Resource Overlay zones,

3. The demolition of structures within a Historic Resource Overlay zone, and

4. The exterior alteration of structures or new construction within a Historic Resource Overlay zone.

(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 25-01, 1/28/2025)

§ 18.755.030 General Provisions.

A. Approval of exterior alterations. Exterior alterations of any structure in a Historic Resource Overlay zone or construction of any new structure in a Historic Resource Overlay zone without approval is prohibited, except as provided in Subsections 18.755.040.C and D, respectively.

B. Approval of demolition. Demolition of a structure located within a Historic Resource Overlay zone without approval under the provisions of this chapter is prohibited.

C. Exemptions.

1. Exterior remodeling, as governed by this chapter, includes any change or alteration in design or other exterior treatment excluding painting;

2. Nothing in this chapter prevents the ordinary maintenance or repair of any architectural features that does not involve a change in design, material, or the outward appearance of such feature, which the building official must certify is required for the public safety because of its unsafe or dangerous condition.

D. Condition of approval. If any alteration or demolition of a historic resource is approved through the provisions of this chapter, a condition of approval must be applied that allows the Washington County Museum to obtain:

1. A pictorial and graphic history of the resource; and

2. Artifacts from the resource it deems worthy of preservation.

(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 25-01, 1/28/2025)

§ 18.755.040 Approval Process and Approval Criteria.

A. Criteria for Historic Resource Overlay zone designation.

1. An application for a Historic Resource Overlay zone designation is processed through a Type III-PC procedure, as provided in Section 18.710.080. The approval authority will approve the application when any of the following are met:

a. The proposed site or area would serve the purpose of the Historic Resource Overlay zone as stated in Section 18.755.010;

b. The site or area proposed for the designation reflects the broad cultural or natural history of the community, state, or nation;

c. The site or area is identified with historic personages, or with important events in national, state, or local history;

d. The site or area proposed for the designation embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period, style, or method of construction; or

e. The proposed site or area is a notable work of a master builder, designer, or architect.

2. The age of a specific building is not sufficient in itself to warrant designation as historic.

B. Criteria for removal of Historic Resource Overlay zone designation. An application for removal of a Historic Resource Overlay zone designation is processed through a Type III-PC procedure, as provided in Section 18.710.080. The approval authority will approve the application when any of the following are met:

1. The original Historic Resource Overlay zone designation was placed on the site in error;

2. The resource designated with the Historic Resource Overlay zone designation has ceased to exist;

3. The resource designated with the Historic Resource Overlay zone designation is no longer of significance to the public; or

4. The Historic Resource Overlay zone designation is causing the property owner to bear an unfair economic burden to maintain the property as a historic or cultural resource.

C. Criteria for exterior alterations. An application for exterior alterations of structures in a Historic Resource Overlay zone is processed through a Type II procedure, as provided in Section 18.710.060. The approval authority will approve or approve with conditions the application when all of the following are met:

1. The purpose of the Historic Resource Overlay zone provided in Section 18.755.010;

2. The economic use of the structure in a Historic Resource Overlay zone and the reasonableness of the proposed alteration and their relationship to the public interest in the structure's or landmark's preservation or renovation;

3. The value and significance of the structure or landmark in a Historic Resource Overlay zone;

4. The physical condition of the structure or landmark in a Historic Resource Overlay zone; and

5. The general compatibility of exterior design, arrangement, proportion, detail, scale, color, texture, and materials proposed to be used with an existing structure in a Historic Resource Overlay zone.

D. Criteria for construction of new structures. An application for construction of new structures in a Historic Resource Overlay zone is processed through a Type II procedure, as provided in Section 18.710.060. The approval authority will approve or approve with conditions the application when all of the following are met:

1. The purpose of the Historic Resource Overlay zone as provided in Section 18.755.010;

2. The economic effect of the new structure on the historic value of the Historic Resource Overlay zone;

3. The visual effect of the proposed new structure on the architectural character of the Historic Resource Overlay zone; and

4. The general compatibility of the exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used in the construction of the new structure.

E. Criteria for demolition. An application for demolition of structures in a Historic Resource Overlay zone is processed through a Type II procedure, as provided in Section 18.710.060. The approval authority will approve or approve with conditions the application when all of the following are met:

1. The purpose of the Historic Resource Overlay zone as provided in Section 18.755.010;

2. The criteria used in the original designation of the Historic Resource Overlay zone in which the property under consideration is situated;

3. The historical and architectural style, the general design, arrangement, materials of the structure in question, or its appurtenant fixtures; the relationship of such features to similar features of the other buildings within the Historic Resource Overlay zone; and the position of the building or structure in relation to public rights-of-way, and to other buildings and structures in the area;

4. The effects of the proposed work upon the protection, enhancement, perpetuation, and use of the Historic Resource Overlay zone that cause it to possess a special character or special historical or aesthetic interest or value; and

5. Whether denial of the permit will subject the city to potential liability, involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this title.

(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 22-06 §2; Ord. 25-01, 1/28/2025)