Historic District
Development and Alterations in a Historic District
by Portland Zoning Code – May 2010
PORTLAND ZONING CODE
33.445.320 Development and Alterations in a Historic District
Building a new structure or altering an existing structure in a Historic District requires historic design review. Historic design review ensures the resource’s historic value is considered prior to or during the development process.
A. When historic design review is required in a Historic District. Unless exempted by Section 33.445.320.B, below, the following proposals in a Historic District are subject to historic design review:
1. Exterior alteration of a primary structure;
2. Building a new structure;
3. Exterior signs;
4. Nonstandard improvements in the public right-of-way, such as street lights, street furniture, planters, public art, sidewalk and street paving materials, and landscaping, that have not received prior approval of the City Engineer;
5. Proposals using one of the provisions of the a, Alternative Design Density Overlay Zone, specified in Sections 33.405.040 through .080; and
6. Proposals in the Albina Community plan district using the provisions of Section 33.505.220, Parking Requirement Reduction, or Section 33.505.230, Attached Residential Infill on Vacant Lots in R5-Zoned Areas.
B. Exempt from historic design review.
1. Construction of a detached accessory structure with 300 square feet or less of floor area when the accessory structure is at least 40 feet from a front property line;
2. Changes that do not require a building, site, zoning, or sign permit from the City, and that will not alter the exterior material or color of a resource having exterior materials or color specifically listed in the Historic Resource Inventory, Historic Landmark nomination, or National Register nomination as an attribute that contributes to the resource's historic value;
3. Normal repair and maintenance other than change of facade color where exterior material or color is specifically listed in the Historic Resource Inventory, Historic Landmark nomination, or National Register nomination as an attribute that contributes to the resource's historic value;
4. Parking lot landscaping that meets the standards of this Title and does not include a wall or fence;
5. Improvements in the public right-of-way, such as street lights, street furniture, planters, public art, sidewalk and street paving materials, and landscaping, that meet the City Engineer’s standards;
6. Rooftop mechanical equipment, other than radio frequency transmission facilities, that is added to the roof of an existing building if the building is at least 45 feet tall and the mechanical equipment is set back at least 4 feet for every 1 foot of height of the mechanical equipment, measured from the edges of the roof or top of parapet;
7. Public Art as defined in Chapter 5.74; and
8. Solar panels that are located:
a. On a flat roof, the horizontal portion of a mansard roof, or roofs surrounded by a parapet that is at least 12 inches higher than the highest part of the roof surface. The panels must be mounted flush or on racks, with the panel or rack extending no more than 5 feet above the top of the highest point of the roof. Solar panels must also be screened from the street by:
(1) An existing parapet along the street-facing façade that is as tall as the tallest part of the solar panel, or
(2) Setting the solar panel back from the roof edges facing the street 4 feet for each foot of solar panel height.
b. On a pitched roof. Panels must be mounted flush, with the plane of the panels parallel with the roof surface, with the panel no more than 12 inches from the surface of the roof at any point, and set back 3 feet from the roof edge and ridgeline. See Figure 218-5. In addition, solar panels may not be on street-facing elevation, or on the front half of any roof surface of an elevation facing within 90 degrees of the street. See Figure 218-6.
9. Eco-roofs installed on existing buildings when the roof is flat or surrounded by a parapet that is at least 12 inches higher than the highest part of the eco-roof surface, and when no other nonexempt exterior improvements subject to historic design review are proposed. Plants must be species that do not characteristically exceed 12-inches in height at mature growth.
10. Permitted Original Art Murals as defined in Title 4 if the mural is proposed on a building that is not identified as contributing to the historic significance of a Historic District.
PORTLAND ZONING CODE
33.846. 060 G. Other approval criteria. Requests for historic design review will be approved if the review body finds that the applicant has shown that all of the applicable approval criteria have been met. The approval criteria are:
1. Historic character. The historic character of the property will be retained and preserved. Removal of historic materials or alteration of features and spaces that contribute to the property's historic significance will be avoided;
2. Record of its time. The historic resource will remain a physical record of its time, place, and use. Changes that create a false sense of historic development, such as adding conjectural features or architectural elements from other buildings will be avoided;
3. Historic changes. Most properties change over time. Those changes that have acquired historic significance will be preserved;
4. Historic features. Generally, deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement, the new feature will match the old in design, color, texture, and other visual qualities and, where practical, in materials. Replacement of missing features must be substantiated by documentary, physical, or pictorial evidence;
5. Historic materials. Historic materials will be protected. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials will not be used;
6. Archaeological resources. Significant archaeological resources affected by a proposal will be protected and preserved to the extent practical. When such resources are disturbed, mitigation measures will be undertaken;
7. Differentiate new from old. New additions, exterior alterations, or related new construction will not destroy historic materials that characterize a property. New work will be differentiated from the old;
8. Architectural compatibility. New additions, exterior alterations, or related new construction will be compatible with the resource's massing, size, scale, and architectural features. When retrofitting buildings or sites to improve accessibility for persons with disabilities, design solutions will not compromise the architectural integrity of the historic resource;
9. Preserve the form and integrity of historic resources. New additions and adjacent or related new construction will be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic resource and its environment would be unimpaired; and
10. Hierarchy of compatibility. Exterior alterations and additions will be designed to be compatible primarily with the original resource, secondarily with adjacent properties, and finally, if located within a Historic or Conservation District, with the rest of the district. Where practical, compatibility will be pursued on all three levels.
Information about Proposed Irvington Historic District
by Mary Piper – April 2010
Following is a synopsis of the Irvington Historic District Nomination process including, important dates, definitions, benefits and restrictions, how to oppose or support a district, and contacts for more information. This synopsis has been prepared by the ICA’s Historic Preservation Committee.
The completed nomination can be viewed at www.oregonheritage.org
IMPORTANT DATES
April 1, 2010 Irvington Historic District Nomination filed with State Historic Preservation Office
May 24, 2010 Public Hearing of Portland Landmarks Commission to consider Irvington Historic District Nomination
June 3, 4, 2010 Meeting of the Oregon Advisory Committee on Historic Preservation, Irvington Tennis Club, NE 21st and NE Thompson, 9:00-5:00 to consider Nomination
June 3, 2010 Public Meeting for Irvington property owners, Irvington Tennis Club, NE 21st and NE Thompson, 5:00-6:30 pm.
BACKGROUND
For a number of years, Irvington neighborhood residents have discussed the possibility of creating a National Historic District for the neighborhood. Other neighborhoods achieving this federal designation include SE’s Ladd’s Addition and NW’s King Hill.
You may have noticed the “Historic Irvington” caps on street signs in the neighborhood. These were created when the City set aside a large portion of the neighborhood as a Conservation District in the early 1900s and have had little/or no impact on zoning, demolition, or increased density. Many historic structures and large sections were excluded from the Conservation District to satisfy future development pressures for medium rise or commercial structures.
The Irvington Community Association established a Historic Preservation Committee to begin assessing the eligibility of Irvington to be nominated as a Historic District. Funds were set aside from the proceeds of home tours and in 2007 the process began.
An architectural historian was retained and volunteers were trained and began gathering the required survey data. More than 2700 structures were researched, photographed and entered into the State’s Historic database. More than eighty percent were determined to be eligible and contributing to the historic context of the neighborhood. This effort is the largest attempted in the State and the first carried out primarily by volunteers.
All structures were determined to be 1) substantially intact and constructed 1890-1948 (contributing), constructed 1890-1948 but modified so the original architecture is no longer intact (non-contributing) or constructed after 1948 (out of historical period).
Public Meetings were held in 2007 and 2010. City and State officials were present to describe the process and how a National District would impact homeowners. Numerous articles appeared in the Irvington Newsletter and the Hollywood Star. An informational brochure was prepared and provided to homeowners during the survey process. Articles appeared in the Grant Park, Alameda and Sabin neighborhood newsletters.
The boundaries of the proposed district were determined: middle of NE Broadway on the south, middle of NE 7th on the west, and NE Fremont on the north. Original plat drawings were used to confirm these boundaries. In examining the plats (1890-1911) to the east, it was noted that some extended into the Grant Park and Alameda neighborhoods (as defined by the city’s Office of Neighborhood Involvement). Letters were sent to affected homeowners about their inclusion.
WHAT IS A NATIONAL HISTORIC DISTRICT?
The National Register of Historic Places is the official federal list of properties that are significant in American history and architecture. This is primarily an honorific designation intended to recognize structures and sites and to encourage their preservation. The regulation of National Register-properties in Oregon takes place t the local level.
In Portland this falls under the historic resources-related provisions of Portland’s Zoning Code (Title 33: Planning and Zoning). Relevant sections are found primarily in Chapters 445 and 846.
BENEFITS TO PROPERTY OWNERS
Special Assessment: This program allows owners of properties to freeze the assessed value of the property for a 10-year period. The program is designed as an incentive to assist property owners in the preservation of historic resources. The law requires property owners to submit a preservation plan for the structures.
Building Code Leniency: National Register properties are eligible to be considered for waivers of certain normal code requirements in the interest of preserving the integrity of the property.
RESTRICTIONS TO PROPERTY
No restrictions are imposed by the state or federal governments; however the City of Portland will regulate National-Register-listed properties per local ordinances.
PORTLAND’S HISTORIC DESIGN REVIEW
In Portland the Bureau of Planning and Sustainability and the Bureau of Development Services oversee the preservation of designated historic resources through the process known as “Design Review.”
Alterations to historic structures generally require this review, to ensure that historic values are considered and preserved when changes are made.
Construction of a new structure and alterations to an existing structure—regardless of its contributing status—also require Historic Design Review. This ensures that development activity supports and enhances the qualities that make the area historic.
Generally, normal repair and maintenance and interior alterations do not require Historic Design Review.
Major design reviews are processed with a public hearing, with a decision by the Historic Landmarks Commission. Minor design reviews are processed by a decision by the Bureau of Development Services.
The City can charge additional fees for design review and can extend the periods of public review for demolition permits and design review.
HOW TO OBJECT TO OR SUPPORT A NATIONAL DISTRICT FOR IRVINGTON
Private property owners may object to the listing of their property. A majority of property owners must object in order to stop a nomination. Individual property owners within a historic district may not “opt out” if the majority of owners have not objected.
Objections to the Irvington Historic District must be made before June 4, 2010, the date set for the hearing of the Irvington Nomination by the Oregon Advisory Committee on Historic Preservation by sending a notarized letter to that effect to the State Historic Preservation Office, 725 Summer Street, NE., Suite C, Salem, OR 97301
The Irvington Historic Preservation Committee and its representative will appear May 24 before the Portland Landmarks Commission concerning the Nomination.
The State Advisory Commission on Historic Preservation will hold public hearings on June 3 and 4 at the Irvington Tennis Club, NE 21st and NE Thompson, 9 am – 5 pm.
There will also be a pubic meeting for Irvington homeowners on June 3 5:00-6:30 pm at which time representatives from the neighborhood, City and State will answer questions and hear comments regarding the Nomination.
If the Advisory Commission so recommends, the Nomination will be forwarded to the National Park Service for consideration or, if modifications are needed, final determination may be deferred to its October 2010 meeting.
CONTACTS
Irvington Community Association Chair: Christine Coers-Mitchell, coers@comcast.net
Irvington Historic Preservation Committee Co-Chair: Mary Piper, dsmithpiper@msn.com, 503.288.9234
State Historic Preservation Office: Ian Johnson, Historian, 725 Summer Street N.E., Suite C, Salem OR 97302. ian.johnson@state.or.us
Oregon SHPO website: www.oregonheritage.org
National Register website: www.cr.nps.gov/nr/index.htm
Portland Bureau of Planning and Sustainability, 1900 SW 4th Avenue, Suite 7100, Portland OR 97201. 503.923.7700
Portland Bureau of Development Services. 1900 SW 4th Avenue, Suite 500, Portland, OR 97201 503.923.7526