Section 33.445.510.(B) of The City of Portland zoning code includes a two-sentence loophole that enables developers to receive same-day permit approval to demolish designated Historic properties by circumventing far more comprehensive code provisions which require a mandatory 120-day delay (33.445.520). This intentionally undermines the explicit intent of demolition delay requirements by first allowing same-day removal of the property's historic status and then immediately approving a demolition permit under the misguided premise that, once de-listed, the delay requirements no longer apply. More importantly, this Bureau of Development Services practice directly violates a superseding State regulation (ORS 197.772) requiring a 120-day delay even in cases where a historic property has been de-listed.

As a result, a growing number of designated historic resources are being demolished without the legally required opportunity for the community to adequately explore meaningful alternatives to demolition such as relocation, salvage, or restoration. An additional 3,000+ Portland properties are also at risk if this loophole is not closed. There is a pending judgement in an Oregon Supreme Court case which seeks to close this loophole and require compliance with State law. In the meantime, immediate stop-gap measures are needed to mitigate the accelerated destruction and permanent loss of Portland's historic architectural heritage.

The intent of both State and local Historic Property demolition delay regulations is clear: to prioritize public discussion and opportunity to explore alternatives rather than the swift and sequestered destruction of Historic resources. The primary intent of the 'loophole' local zoning code 33.445.510(B) is merely to address owner approval regarding inclusion or removal of a property's Historic status - not to bypass the explicit mandates which govern its demolition. As such, the current practice exploits the ambiguity of inapplicable code while circumventing the unequivocal mandates of state and local regulations. The effect is surreptitious deregulation which erodes public trust and errs heavily on the side of irrevocable public harm and regret rather than responsible consideration and caution.

REQUESTED ACTION:

1.  "We request that the Portland City Attorney issue an immediate directive to the BDS to temporarily halt all de-listing of local Historic Resource Inventory properties until the Supreme Court issues a decision in the case of Lake Oswego Preservation Society v. City of Lake Oswego."

2.  "We request that the Portland City Council immediately adopt an ordinance which  applies the 120-day demolition delay to Historic Resource Inventory properties by eliminating subsection 33.445.510(B) from the City's zoning code and closes the loophole."

3.  "We request that the city enact an immediate moratorium, as defined by ORS 197.520, on the demolition of locally designated Historic Resource Inventory properties. The potential loss of historic resources qualifies as an irrevocable public harm that outweighs the adverse effects on owners who may be delayed in redeveloping their properties for the duration of Supreme Court consideration of the issue. "

*Material from  Restore Oregon's website petitions were referenced in this petition to seek a public call for interim action in concert with the objectives of other organizations involved in and awaiting a decision by the Oregon Supreme Court.