Chapter 2.62
HISTORIC PRESERVATION

Sections:

2.62.010    Purpose.

2.62.020    Short title.

2.62.030    Definitions.

2.62.040    Tumwater historic preservation commission.

2.62.050    Tumwater register of historic places.

2.62.060    Review of changes to Tumwater register of historic places properties.

2.62.070    Relationship to zoning.

2.62.080    Review and monitoring of properties for special property tax valuation.

2.62.010 Purpose.

The purpose of this chapter is to provide for the identification, evaluation, and protection of historic resources within Tumwater and preserve and rehabilitate eligible historic properties within the city for future generations through special valuation, a property tax incentive, as provided in Chapter 84.26 RCW in order to:

A.    Safeguard the heritage of Tumwater as represented by those buildings, districts, objects, sites and structures which reflect significant elements of the city’s history;

B.    Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on the city’s history;

C.    Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects;

D.    Assist, encourage and provide incentives to private owners for preservation, restoration, redevelopment and use of outstanding historic buildings, district, objects, sites and structures;

E.    Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative land uses; and

F.    Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment.

(Ord. 1400, Added, 10/19/1993)

2.62.020 Short title.

This chapter shall be known and may be cited as the “historic preservation ordinance” of the city of Tumwater.

(Ord. 1400, Added, 10/19/1993)

2.62.030 Definitions.

The following words and terms when used in this chapter shall mean as follows, unless a different meaning clearly appears from the context:

A.    “Tumwater historic inventory” or “inventory” means the comprehensive inventory of historic resources within the boundaries of the city.

B.    “Tumwater historic preservation commission” or “commission” means the commission created by TMC 2.62.040.

C.    “Tumwater register of historic places,” “local register,” or “register” means the local listing of properties provided for in TMC 2.62.050.

D.    “Actual cost of rehabilitation” means costs incurred within twenty-four months prior to the date of application and directly resulting from one or more of the following: (1) improvements to an existing building located on or within the perimeters of the original structure; or (2) improvements outside of but directly attached to the original structure which are necessary to make the building fully usable but shall not include rentable/habitable floor space attributable to new construction; or (3) architectural and engineering services attributable to the design of the improvements; or (4) all costs defined as “qualified rehabilitation expenditures” for purposes of the federal historic preservation investment tax credit.

E.    A “building” is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings.

F.    “Certificate of appropriateness” means the commission has reviewed the proposed changes to a local register property or within a local register historic district and certified the changes as not adversely affecting the historic characteristics of the property which contribute to its designation.

G.    “Certified local government” or “CLG” means the local government has been certified by the State Historic Preservation Officer as having established its own historic preservation commission and a program meeting federal and state standards.

H.    “Class of properties eligible to apply for special valuation in Tumwater” means all properties listed on the National Register of Historic Places or certified as contributing to a National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW, until Tumwater becomes a certified local government (CLG). Once a CLG, the class of properties eligible to apply for special valuation in Tumwater means only properties listed on the Tumwater register of historic places or properties certified as contributing to the Tumwater register historic district which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW.

I.    “Cost” means the actual cost of rehabilitation, which cost shall be at least twenty-five percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation.

J.    A “district” is a geographically definable area – urban or rural, small or large – possessing a significant concentration, linkage, or continuity of sites, buildings, structures, and/or objects united by past events or aesthetically by plan or physical development.

K.    “Emergency repair” means work necessary to prevent destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster.

L.    “Historic property” means real property together with improvements thereon, except property listed in a register primarily for objects buried below ground, which is listed in a local register of a certified local government or the National Register of Historic Places.

M.    “Incentives” are such rights or privileges or combination thereof which the city council, or other local, state, or federal public body or agency, by virtue of applicable present or future legislation, may be authorized to grant or obtain for the owner(s) of register properties. Examples of economic incentives include but are not limited to tax relief, conditional use permits, rezoning, street vacation, planned unit development, transfer of development rights, facade easements, gifts, preferential leasing policies, beneficial placement of public improvements or amenities, or the like.

N.    “Local review board” or “board” used in Chapter 84.26 RCW and Chapter 254-20 WAC for the special valuation of historic properties means the commission created in TMC 2.62.040.

O.    “National Register of Historic Places” means the national listing of properties significant to our cultural history because of their documented importance to our history, architectural history, engineering, or cultural heritage.

P.    An “object” is a thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.

Q.    “Ordinary repair and maintenance” means work for which a permit issued by the city is not required by law, and where the purpose and effect of such work is to correct any deterioration or decay of or damage to the real property or structure appurtenance therein and to restore the same, as nearly as may be practicable, to the condition prior to the occurrence of such deterioration, decay, or damage.

R.    “Owner” of property is the fee simple owner of record as exists on the Thurston County assessor’s records.

S.    “Significance” or “significant” used in the context of historic significance means the following: a property with local, state, or national significance is one which helps in the understanding of the history of the local area, state, or nation (whichever is applicable) by illuminating the local, statewide, or nationwide impact of the events or persons associated with the property, or its architectural type or style in information potential. The local area can include Tumwater, Thurston County, or southwest Washington, or a modest geographic or cultural area, such as a neighborhood. Local significance may apply to a property that illustrates a theme that is important to one or more localities; state significance to a theme important to the history of the state; and national significance to property of exceptional value in representing or illustrating an important theme in the history of the nation.

T.    A “site” is a place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupation or activities that may be marked by physical remains, or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may be the location of ruined or now nonexistent building or structure or the location itself possesses historic cultural or archaeological significance.

U.    “Special valuation for historic properties” or “special valuation” means the local option program which when implemented makes available to property owners a special tax valuation for rehabilitation of historic properties under which the assessed value of an eligible historic property is determined at a rate that excludes, for up to ten years, the actual cost of the rehabilitation. (Chapter 84.26 RCW.)

V.    “State Register of Historic Places” means the state listing of properties significant to the community, state, or nation but which do not meet the criteria of the National Register.

W.    A “structure” is a work made up of interdependent and interrelated parts in a definite pattern of organization. Generally constructed by man, it is often an engineering project.

X.    “Universal Transverse Mercator” or “UTM” means the grid zone in metric measurement providing for an exact point of numerical reference.

Y.    “Waiver of a certificate of appropriateness” or “waiver” means the commission has reviewed the proposed whole or partial demolition of a local register property or in a local register historic district and failing to find alternatives to demolition has issued a waiver of a certificate of appropriateness which allows the building or zoning official to issue a permit for demolition.

Z.    “Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties” or “State Advisory’s Council’s Standards” means the rehabilitation and maintenance standards used by the Tumwater historic preservation commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified.

(Ord. 1400, Added, 10/19/1993)

2.62.040 Tumwater historic preservation commission.

A.    Creation and Size. There is hereby established a Tumwater historic preservation commission, consisting of seven members, as provided in subsection C of this section. Members of the Tumwater historic preservation commission shall be appointed by the mayor and approved by the city council and shall be residents of the city except as provided in subsection (B)(2) of this section.

B.    Composition of the Commission.

1.    All members of the commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment.

2.    The commission shall always include at least two professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of history, architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, cultural geography, American studies, law, and real estate. The commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions, unless the commission action is related to meeting certified local government (CLG) responsibilities cited in the certification agreement between the mayor and the State Historic Preservation Officer. Furthermore, exception to the residency requirement of commission members may be granted by the mayor and city council in order to obtain representatives from these disciplines.

3.    In making appointments, the mayor may consider names submitted from any source, but the mayor shall notify history and city development-related organizations of vacancies so that names of interested and qualified individuals may be submitted by such organizations for consideration along with names from any other source.

C.    Terms. The original appointment of members to the commission shall be as follows: three for two years, two for three years, and two for four years. Thereafter, appointments shall be made for a three-year term. Vacancies shall be filled by the mayor for the unexpired term in the same manner as the original appointment.

D.    Powers and Duties. The major responsibility of the historic preservation commission is to identify and actively encourage the conservation of the city’s historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties; to raise community awareness of the city’s history and historic resources; and to serve as the city’s primary resource in matters of history, historic planning, and preservation.

In carrying out these responsibilities, the historic preservation commission shall engage in the following:

1.    Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the city and known as the Tumwater historic inventory; publicize and periodically update inventory results. Properties listed on the inventory shall be recorded on official zoning records with an “HI” (for historic inventory designation). This designation shall not change or modify the underlying zone classification.

2.    Initiate and maintain the Tumwater register of historic places. This official register shall be compiled of buildings, structures, sites, objects, and districts identified by the commission as having historic significance worthy of recognition by the city and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties.

3.    Review nominations to the Tumwater register of historic places according to criteria in TMC 2.62.050 and adopt standards in its rules to be used to guide this review.

4.    Review proposals to construct, change, alter, modify, remodel, move, demolish, and significantly affect properties or districts on the register as provided in TMC 2.62.060; and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver.

5.    Provide for the review either by the commission or its staff of all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic resources or adjacent properties.

6.    Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action.

7.    Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic resources.

8.    Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education, within the city area.

9.    Review and comment to the city council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the city, other neighboring communities, the county, the state or federal governments, as they relate to historic resources of Tumwater.

10.    Advise the city council generally on matters of Tumwater history and historic preservation.

11.    Perform other related functions assigned to the commission by the city council.

12.    Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops, or similar activities.

13.    Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition.

14.    Be informed about and provide information to the public and city departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties.

15.    Submit nominations to the State and National Registers of Historic Places.

16.    Investigate and report to the city council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in Tumwater.

17.    Serve as the local review board for special valuation and:

a.    Make determination concerning the eligibility of historic properties for special valuation;

b.    Verify that the improvements are consistent with the Washington State Advisory Council’s Standards for Rehabilitation and Maintenance;

c.    Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254-20-070(2);

d.    Approve or deny applications for special valuation;

e.    Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the ten-year special valuation period; and

f.    Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW.

18.    The commission shall adopt rules of procedure to address subsections (D)(3), (4), and (6) of this section.

E.    Compensation. All members shall serve without compensation.

F.    Rules and Officers. The commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the commission’s business.

G.    Commission Staff. Professional staff assistance shall be provided to the commission by city staff as may be necessary to aid the commission in carrying out its duties and responsibilities under this section.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O2000-002, Amended, 01/18/2000; Ord. O96-044, Amended, 12/17/1996; Ord. 1400, Added, 10/19/1993)

2.62.050 Tumwater register of historic places.

A.    Criteria for Determining Designation in the Register. Any building, structure, site, object, or district may be designated for inclusion in the Tumwater register of historic places if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community; if it has integrity; is at least fifty years old, or is of lesser age and has exceptional importance; and if it falls in at least one of the following categories:

1.    Is associated with events that have made a significant contribution to the broad patterns of national, state, or local history.

2.    Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction.

3.    Is an outstanding work of a designer, builder, or architect who has made a substantial contribution to the art.

4.    Exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, engineering, or architectural history.

5.    Is associated with the lives of persons significant in national, state, or local history.

6.    Has yielded or may be likely to yield important archaeological information related to history or prehistory.

7.    Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with an historic person or event.

8.    Is a birthplace or grave of an historical figure of outstanding importance and is the only surviving structure or site associated with that person.

9.    Is a cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns.

10.    Is a reconstructed building that has been executed in an historically accurate manner on the original site.

11.    Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories.

B.    Process for Designating Properties or Districts to the Tumwater Register of Historic Places.

1.    Any person may nominate a building, structure, site, object, or district for inclusion in the Tumwater register of historic places. Members of the historic preservation commission or the commission as a whole may generate nominations. In its designation decision, the commission shall consider the Tumwater historic inventory and the Tumwater comprehensive plan.

2.    In the case of individual properties, the designation shall include the UTM reference and all features, interior and exterior, and outbuildings which contribute to its designation.

3.    In the case of districts, the designation shall include description of the boundaries of the district; the characteristics of the district which justify its designation; and a list of all properties including features, structures, sites, and objects which contribute to the designation of the district.

4.    The historic preservation commission shall consider the merits of the nomination, according to the criteria in this section and according to the nomination review standards established in rules, at a public meeting. Adequate notice will be given to the public, the owner(s) and the authors of the nomination, if different, and lessees, if any, of the subject property prior to the public meeting according to standards for public meetings established in rules and in compliance with Chapter 42.30 RCW, Open Public Meetings Act. Such notice shall include publication in a newspaper of general circulation in Tumwater, and posting of the property. If the commission finds that the nominated property is eligible for the Tumwater register of historic places, the commission shall make recommendation to the city council that the property be listed in the register with owner’s consent. The city council shall make the final designation of the subject property to the Tumwater register of historic places. The public, property owner(s) and the authors of the nomination, if different, and lessees, if any, shall be notified of the listing.

5.    Properties listed on the Tumwater register of historic places shall be recorded on official zoning records with an “HR” (for historic register) designation. This designation shall not change or modify the underlying zone classification.

C.    Removal of Properties from the Register.

1.    Owner Appeal for Removal. The property owner may appeal to the Tumwater city council in writing to remove the designation of their property to the Tumwater register of historic places citing the circumstances which warrant the removal. The Tumwater city council will act within ninety days of the written appeal with the recommendation of the Tumwater historic preservation commission.

2.    Tumwater Historic Preservation Commission Process for Removal. In the event that any property is no longer deemed appropriate for designation to the Tumwater register of historic places by the Tumwater historic preservation commission, the commission may initiate removal from such designation by the same procedure as provided for in establishing the designation, subsection (B)(4) of this section. A property may be removed from the Tumwater register without the owner’s consent.

D.    Effects of Listing on the Register.

1.    Listing on the Tumwater register of historic places is an honorary designation denoting significant association with the historic, archaeological, engineering, or cultural heritage of the community. Properties are listed individually or as contributing properties to an historic district.

2.    Prior to the commencement of any work on a register property, excluding ordinary repair and maintenance and emergency measures defined in TMC 2.62.030, the owner must request and receive a certificate of appropriateness from the commission for the proposed work. Violation of this rule shall be grounds for the commission to review the property for removal from the register.

3.    Prior to whole or partial demolition of a register property, the owner must request and receive a waiver of a certificate of appropriateness.

4.    Properties listed on the Tumwater register of historic places may be eligible for a special tax valuation on their rehabilitation (TMC 2.62.080).

(Ord. O96-044, Amended, 12/17/1996; Ord. 1400, Added, 10/19/1993)

2.62.060 Review of changes to Tumwater register of historic places properties.

A.    Review Required. No person shall change the use, construct any new building or structure, or reconstruct, alter, restore, remodel, repair, move, or demolish any existing property on the Tumwater register of historic places or within an historic district on the Tumwater register of historic places without review by the commission and without receipt of a certificate of appropriateness, or in the case of demolition, a waiver, as a result of the review. Historic cemeteries shall be reviewed under subsection C of this section and in compliance with TMC Chapter 12.40.

The review shall apply to all features of the property, interior and exterior, that contribute to its designation and are listed on the nomination form. Information required by the commission to review the proposed changes is established in rules.

B.    Exemptions. The following activities do not require a certificate of appropriateness or review by the commission: ordinary repair and maintenance – which includes painting – or emergency measures defined in TMC 2.62.030.

C.    Review Process.

1.    Requests for Review and Issuance of a Certificate of Appropriateness or Waiver. The building or zoning official shall report any application for a permit to work on a designated Tumwater register property or in a Tumwater register historic district to the commission. If the activity is not exempt from review, the commission shall notify the applicant of the review requirements. The building or zoning official shall not issue any such permit until a certificate of appropriateness or a waiver is received from the commission but shall work with the commission in considering building and fire code requirements.

2.    Commission Review. The owner or his/her agent (architect, contractor, lessee, etc.) shall apply to the commission for a review of proposed changes on a Tumwater register property or within a Tumwater register historic district and request a certificate of appropriateness or, in the case of demolition, a waiver. Each application for review of proposed changes shall be accompanied by such information as is required by the commission established in its rules for the proper review of the proposed project.

The commission shall meet with the applicant and review the proposed work according to the design review criteria established in rules. Unless legally required, there shall be no notice, posting, or publication requirements for action on the application, but all such actions shall be made at regular meetings of the commission. The commission shall complete its review and make its recommendations within thirty days of the date of receipt of the application. If the commission is unable to process the request, the commission may ask for an extension of time.

The commission’s recommendations shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted. If the owner agrees to the commission’s recommendations, a certificate of appropriateness shall be awarded by the commission according to standards established in the commission’s rules.

The commission’s recommendations and, if awarded, the certificate of appropriateness shall be transmitted to the building or zoning official. If a certificate of appropriateness is awarded, the building or zoning official may then issue the permit.

3.    Demolition. A waiver of the certificate of appropriateness is required before a permit may be issued to allow whole or partial demolition of a designated Tumwater register property or in a Tumwater register historic district. The owner or his/her agent shall apply to the commission for a review of the proposed demolition and request a waiver. The applicant shall meet with the commission in an attempt to find alternatives to demolition. These negotiations may last no longer than forty-five days from the initial meeting of the commission, unless either party requests an extension. If no request for an extension is made and no alternative to demolition has been agreed to, the commission shall act and advise the official in charge of issuing a demolition permit of the approval or denial of the waiver of a certificate of appropriateness. Conditions in the case of granting a demolition permit may include allowing the commission up to forty-five additional days to develop alternatives to demolition. When issuing a waiver the commission may require the owner to mitigate the loss of the Tumwater register property by means determined by the commission at the meeting. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted. After the property is demolished, the commission shall initiate removal of the property from the register.

4.    Appeal of Approval, Denial or Waiver of a Certificate of Appropriateness. The commission’s decision regarding an approval, denial or waiver of a certificate of appropriateness may be appealed to the hearing examiner within ten days. The appeal must state the grounds upon which the appeal is based. The appeal shall be reviewed by the hearing examiner only on the records of the commission. Appeal of the hearing examiner’s decision regarding an approval, denial or waiver of a certificate of appropriateness may be appealed to superior court.

(Ord. O2014-018, Amended, 12/16/2014; Ord. O96-044, Amended, 12/17/1996; Ord. 1400, Added, 10/19/1993)

2.62.070 Relationship to zoning.

Properties designated to the register shall be subject to the provisions set forth herein, as well as the bulk, use, setback, and other controls of the zoning district in which they are located. Nothing contained herein shall be construed to be repealing, modifying, or waiving any zoning provisions.

(Ord. 1400, Added, 10/19/1993)

2.62.080 Review and monitoring of properties for special property tax valuation.

A.    Time Lines.

1.    Applications shall be forwarded to the commission by the assessor within ten days of filing.

2.    Applications shall be reviewed by the commission before December 31 of the calendar year in which the application is made.

3.    Commission decisions regarding the applications shall be certified in writing and filed with the assessor within ten days of issuance.

B.    Procedure.

1.    The assessor forwards the application(s) to the commission.

2.    The commission reviews the application(s), consistent with its rules of procedure, and determines if the application(s) are complete and if the properties meet the criteria set forth in WAC 254-20-070(1) and listed in TMC 2.62.050.

a.    If the commission finds the properties meet all the criteria, then, on behalf of the city, it enters into an historic preservation special valuation agreement (set forth in WAC 254-20-120 and in subsection D of this section) with the owner. Upon execution of the agreement between the owner and commission, the commission approves the application(s).

b.    If the commission determines the properties do not meet all the criteria, then it shall deny the application(s).

3.    The commission certifies its decisions in writing and states the facts upon which the approvals or denials are based and files copies of the certifications with the assessor.

4.    For approved applications:

a.    The commission forwards copies of the agreements, applications, and supporting documentation (as required by WAC 254-20-090(4) and identified in subsection (C)(2) of this section) to the assessor;

b.    Notifies the State Historic Preservation Officer and the Department of Revenue that the properties have been approved for special valuation; and

c.    Monitors the properties for continued compliance with the agreements throughout the ten-year special valuation period.

5.    The commission determines, in a manner consistent with its rules of procedure, whether or not properties are disqualified from special valuation either because of:

a.    The owner’s failure to comply with the terms of the agreement; or

b.    Because of a loss of historic value resulting from physical changes to the building or site.

6.    For disqualified properties, in the event that the commission concludes that a property is no longer qualified for special valuation, the commission shall notify the owner, assessor, and State Review Board in writing and state the facts supporting its findings.

C.    Criteria.

1.    Historic Property Criteria. The class of property eligible to apply for special valuation in Tumwater means only properties listed on the Tumwater register of historic places or properties certified as contributing to a Tumwater register historic district which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW.

2.    Application Criteria. Complete applications shall consist of the following documentation:

a.    A legal description of the historic property;

b.    Comprehensive exterior and interior photographs of the historic property before and after rehabilitation;

c.    Architectural plans or other legible drawings depicting the completed rehabilitation work;

d.    Notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to the date of application and the period of time during which the work was performed and documentation of both to be made available to the commission upon request; and

e.    For properties located within historic districts, in addition to the standard application documentation, a statement from the Secretary of the Interior or appropriate local official, as specified in local administrative rules or by the local government, indicating the property is a certified historic structure, is required.

3.    Property Review Criteria. In its review the commission shall determine if the properties meet all the following criteria:

a.    The property is historic property;

b.    The property is included within a class of historic properties determined eligible for special valuation by the city under subsection (C)(1) of this section;

c.    The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) (and identified in TMC 2.62.030) within twenty-four months prior to the date of application; and

d.    The property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying the Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties (WAC 254-20-100(1) and listed in subsection (C)(4) of this section).

4.    Rehabilitation and Maintenance Criteria – The Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties. The following rehabilitation and maintenance standards shall be used by the board as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified:

a.    Rehabilitation.

i.    Every reasonable effort shall be made to provide a compatible use for an historic property which requires minimal alteration of the building, structure, or site and its environment, or to use an historic property for its originally intended purpose.

ii.    The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

iii.    All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

iv.    Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

v.    Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

vi.    Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

vii.    The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

viii.    Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

ix.    Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

x.    Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

b.    Maintenance.

i.    Buildings and structures shall not be allowed to deteriorate beyond the point where routine maintenance and repair will return them to good condition.

ii.    Buildings shall be kept in a safe and habitable condition at all times. Structural defects and hazards shall be corrected. Any condition which constitutes a fire hazard shall be eliminated.

iii.    Buildings shall be protected against ongoing water damage due to defective roofing, flashing, glazing, caulking, or other causes. Moisture condensation resulting from inadequate heat or ventilation shall be eliminated if present at levels sufficient to promote rot or decay of building materials.

iv.    Deteriorated exterior architectural features and any broken or missing doors and windows shall be repaired or replaced.

v.    Painted exterior surfaces shall be maintained and repainted as necessary to prevent a deteriorated appearance or damage to the substrate. Exterior masonry surfaces shall be tuck pointed where required to maintain the mortar in good condition. Finished tuck pointing shall match the original mortar joint in hardness and appearance.

D.    Agreement. The following historic preservation special valuation agreement shall be used by the board as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2):

This Historic Preservation Agreement is entered into on this _________ day of_________ 20__ by and between___________ (hereinafter referred to as APPLICANT) and _______ (hereinafter referred to as LOCAL REVIEW BOARD).

WHEREAS APPLICANT is the owner of record of the historic property commonly known as _______________ located at _________________, State of Washington, as more fully described in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter referred to as PROPERTY); and

WHEREAS APPLICANT has requested special valuation of the PROPERTY pursuant to chapter 84.26 RCW; and

WHEREAS the LOCAL REVIEW BOARD has determined that the PROPERTY has been substantially rehabilitated within the two year period preceding the date of application and the actual cost of said rehabilitation equals or exceeds twenty-five percent of the assessed valuation of the PROPERTY prior to the improvements; and

WHEREAS the LOCAL REVIEW BOARD has verified that the PROPERTY is historic property that falls within a class of properties determined eligible for special valuation by local ordinance or administrative rule; and

WHEREAS the LOCAL REVIEW BOARD finds that the rehabilitation work has not altered the PROPERTY in any way which adversely affects those elements which qualify it as historically significant;

NOW THEREFORE, in recognition of the foregoing, the APPLICANT enters into this Agreement with the LOCAL REVIEW BOARD and agrees to adhere to the following terms and conditions for the ten-year period of the special valuation classification:

1.    APPLICANT agrees to comply with the Washington State Advisory Council’s Standards for the Maintenance and Rehabilitation of Historic Properties as set forth in Exhibit B, which is attached hereto and by this reference incorporated herein.

2.    APPLICANT agrees the property shall not be altered without the prior written consent of the LOCAL REVIEW BOARD signed by a duly authorized representative thereof. No construction, alteration or remodeling or any other action shall be undertaken or permitted to be undertaken which would affect the historic character of the PROPERTY which classifies it as eligible for special valuation, or which would affect the appearance of the PROPERTY as depicted in the photographs attached hereto and incorporated herein by this reference as Exhibits ____ through _____, or which would adversely affect the structural soundness of the PROPERTY; or refinishing of presently existing parts or elements of the PROPERTY subject to this Agreement, damage to which has resulted from casualty loss, deterioration or wear and tear, shall be permitted without the prior approval of the LOCAL REVIEW BOARD, provided that such reconstruction, repair, repainting, or refinishing is performed in a manner which will not alter the appearance of those elements of the PROPERTY and shall include, but not be limited to, any substantial structural change or any change in design, color or materials.

3.    APPLICANT agrees the PROPERTY shall not be demolished without the prior written consent of the LOCAL REVIEW BOARD.

4.    APPLICANT agrees to make historic aspects of the PROPERTY accessible to the public one day each year if the PROPERTY is not visible from a public right of way.

5.    APPLICANT agrees to monitor the PROPERTY for its continued qualification for special valuation and notify the appropriate County Assessor within 30 days if the PROPERTY becomes disqualified because of:

a.    a loss of historic integrity,

b.    sale or transfer to new ownership exempt from taxation, or

c.    sale or transfer to new ownership which does not intend to agree to the terms of this Agreement nor file a notice of compliance with the County Assessor.

6.    The APPLICANT and LOCAL REVIEW BOARD both agree that there shall be no changes in standards of maintenance, public access, alteration, or report requirements, or any other provisions of this Agreement, during the period of the classification without the approval of all parties to this Agreement.

Term of the Agreement. This Agreement shall take effect immediately upon signature and remain in effect until the property is no longer eligible for special valuation either through disqualification under RCW 84.26.080 or upon expiration of the ten-year period of special valuation commencing January 1, 20___ and ending December 31, 20___.

Hold Harmless. The APPLICANT or its successors or assigns shall hold the State and the LOCAL REVIEW BOARD harmless from any and all liability and claims which may be asserted against the State and the LOCAL REVIEW BOARD as a result of this Historic Preservation Special Valuation Agreement or the participation by the APPLICANT in the Special Valuation Program.

Governing Law. The terms of this Agreement shall be construed in accordance with the laws of the State of Washington.

E.    Appeals. Any decision of the board acting on any application for classification as historic property, eligible for special valuation, may be appealed to superior court under RCW 34.04.130 in addition to any other remedy of law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the county board of equalization.

(Ord. O96-044, Amended, 12/17/1996; Ord. 1400, Added, 10/19/1993)