Chapter 2.66
HISTORIC PRESERVATION
Sections:
2.66.020 Findings and purpose.
2.66.040 Commission – Creation and size.
2.66.050 Commission – Composition.
2.66.070 Commission – Powers and duties.
2.66.080 Commission – Compensation.
2.66.090 Commission – Rules and officers.
2.66.110 Criteria for determining designation in city register.
2.66.120 Review of properties nominated for National Register.
2.66.130 Process for designating properties or districts in city register.
2.66.140 Review of changes to register – Required.
2.66.150 Review of changes to register – Process.
2.66.160 Factors to consider in reviewing changes to historic register property.
2.66.180 Removal of properties from register.
2.66.190 Relationship to zoning.
2.66.200 Review and monitoring of properties for special property tax valuation.
2.66.010 Title.
This chapter shall be known and may be cited as the historic preservation ordinance. [Ord. 508B, 1993.]
2.66.020 Findings and purpose.
A. The city council finds that:
1. The recognition, enhancement, perpetuation, and continued use of the buildings, sites, and districts of historical significance within the city is in the interest of civic pride and the prosperity and general welfare of the city’s inhabitants;
2. Historic assets are an integral part of the heritage, education, and economic base of the city and the economic, cultural, and aesthetic standing of the city can only be maintained and enhanced by conserving its heritage and by maintenance of its cultural assets; and
3. Chapter 84.26 RCW encourages maintenance, improvement, and preservation of privately owned historic buildings by providing for special property tax valuation for improvements to historic property approved by a local review board.
B. The purpose of this chapter is to provide for the identification, enhancement, perpetuation, and use of the historic resources within the city in order to:
1. Safeguard the heritage of the city as presented by those buildings, sites, and districts which reflect significant elements of the city’s history;
2. Strengthen the economic vitality of the city by promoting the stabilization and improvement of property values in historic areas and by encouraging new building and development that will be harmonious with existing historic buildings and areas;
3. Foster civic pride in the accomplishments of the past and a sense of identity based on the city’s history;
4. Protect and enhance the city’s ability to attract tourists and visitors, thereby stimulating the local economy;
5. Assist, encourage, and provide incentives to private property owners for conservation, renovation, restoration, redevelopment, and use of historic buildings, districts, neighborhoods, streets, and sites;
6. Promote and facilitate the early identification and resolution of conflicts between the preservation of historic resources and alternative land uses; and
7. Conserve valuable material and energy resources by ongoing use and maintenance of the existing environment. [Ord. 508B, 1993.]
2.66.030 Definitions.
The following words and terms, when used in this chapter, shall have the following meanings unless a different meaning clearly appears from the context:
“Building” means a structure constructed by human beings. The meaning includes both residential and nonresidential buildings, main, and accessory buildings.
“Comprehensive plan” means the comprehensive plan of the city which cites policies and goals that have been adopted by the city council to guide the development of the city as a whole, including specific areas and neighborhoods.
“District” means a geographically definable area containing buildings, sites, objects, and spaces linked historically through location, design, setting, material, workmanship, feeling, and/or association. The significance of a district is the product which the sense of time and place in history its individual components collectively convey. This sense may relate to developments during one period or through several periods in history.
“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.
“Historic commission” or “commission” means the Chehalis historic commission created and established by this chapter.
“Historic property” means property with adequate historic significance to be included in the city, state, or National Historic Register and property within a historic district, which contributes to the district’s historic setting, style, and integrity.
“Historic register” or “register” means the listing of property having “special historic significance” as defined in this section. The city historic register is developed and maintained by the city. State and national historic registers are maintained by the appropriate state or national agency.
“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 of historic property. 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.
“Ordinary repair and maintenance” means work for which the city does not require a building permit and the purpose and effect of which is to correct any deterioration or decay of or damage to the real property or structural appurtenance thereto, and to restore the same as nearly as may be practicable to the condition prior to the occurrence of such deterioration, decay, or damage.
“Owner” means the fee simple owner of record of real property as shall appear in the records of the assessor of Lewis County, Washington.
“Properties eligible for special evaluation” means all historic properties in the city.
“Significance” or “significant” or “special historic significance,” used in the context of historic significance, means a property which helps in the understanding of the history of the local area, state, or nation, whichever is applicable, by depicting the local, state, or national impact of the events or persons associated with the property, or its architectural type or style in information potential. The local area may include the city, Lewis County, southwest Washington, or a modest geographic or cultural area, such as a neighborhood. Local significance may apply to a property that depicts a theme that is important to one or more localities. State significance may apply to a property that depicts a theme that is important to the history of this state. National significance may apply to a property of exceptional value in representing or depicting an important theme in the history of the nation.
“Site” is a place where a significant event or pattern of significant events occurred. A site 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 significant events that may not have been actively occupied. A site may be the location of a ruin or now-nonexistent building of which the location itself possesses historical, cultural, or archaeological significance. [Ord. 508B, 1993.]
2.66.040 Commission – Creation and size.
There is created and established the Chehalis historic commission, consisting of seven members as provided in CMC 2.66.050. Members of the historic commission shall be appointed by the city council and shall be residents of the city except as provided in CMC 2.66.050. [Ord. 508B, 1993.]
2.66.050 Commission – Composition.
A. All members of the commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment.
B. 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 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 city and the Washington State Department of Community Development, Office of Archaeology and Historic Preservation. Furthermore, exception to the residency requirement of the commission members may be granted by the mayor and city council in order to obtain representatives from these disciplines.
C. The city council, in appointing members to the commission, may consider names submitted from any source, which shall notify history- and development-related organizations of vacancies so that names may be submitted by such organizations for consideration along with the names from any other source. [Ord. 508B, 1993.]
2.66.060 Commission – Terms.
Appointments for new terms shall be made for a three-year term. Vacancies shall be filled by the city council for the balance of an unexpired term in the same manner as provided in this chapter. [Ord. 508B, 1993.]
2.66.070 Commission – Powers and duties.
The major responsibilities of the commission are to identify and actively encourage the conservation of the city’s historic resources by initiating and maintaining a city register of historic places and reviewing proposed changes to register properties, to make the community aware 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 commission shall engage in the following:
A. Conduct and maintain a comprehensive inventory of historic property within the boundaries of the city and publicize and periodically update inventory results;
B. Establish and maintain a city historic register according to the procedures provided in this chapter, which register shall be compiled of buildings, districts, and sites identified by the commission as having historic significance worthy of recognition by the city;
C. Review proposals to construct, change, alter, modify, remodel, remove, or significantly affect property or districts on the register as provided in this chapter and adopt standards to be used to guide this review;
D. Review and advise the city on environmental assessments, land use, housing and development, municipal improvement, and other types of planning and programs undertaken by the city, other neighboring communities, the county and the state or federal governments, as they relate to historic resources of the city and as required pursuant to the Environmental Policy Act (Chapter 43.21C RCW), the Historic Preservation Act (Chapter 27.34 RCW), the Indian Graves and Records Act (Chapter 27.44 RCW), the Rehabilitation Incentive Act (Chapter 84.26 RCW) and other historic conservation legislation;
E. Review nominations to the State and National Registers of historic places;
F. Serve as the local review board for the purpose of approving applications for special property tax valuation pursuant to Chapter 84.26 RCW, and enter into an agreement with the property owner for the duration of the special valuation during which time the review board shall monitor the property for continued qualification for the special valuation pursuant to the requirements of Chapter 84.26 RCW;
G. 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;
H. Be informed about and provide information to the public on incentives for preservation of historic resources, including legislation, regulations, and codes which encourage the use and adaptive reuse of historic property;
I. Provide information to the public on methods of maintaining and rehabilitating historic property through the use of pamphlets, newsletters, workshops, or similar activities;
J. Participate in, promote, and conduct public information, education, and interpretive programs pertaining to historic resources;
K. 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 the city;
L. Establish liaison support, communication, and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education;
M. Advise the city council generally on matters of city history and historic preservation;
N. Perform other related functions assigned to the commission by the city council. [Ord. 508B, 1993.]
2.66.080 Commission – Compensation.
All members of the commission shall serve without compensation. [Ord. 508B, 1993.]
2.66.090 Commission – 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. [Ord. 508B, 1993.]
2.66.100 Commission – Staff.
Clerical and professional staff assistance shall be provided by the city’s department of community development, with additional assistance and information to be provided by other city departments as may be necessary to aid the commission in carrying out its duties and responsibilities under this chapter. [Ord. 810B § 6, 2006; Ord. 508B, 1993.]
2.66.110 Criteria for determining designation in city register.
Any building, site, or district may be designated for inclusion in the city register if it has significant character, interest, or value as part of the development, heritage, or cultural characteristics of the city, state, or nation, is at least 50 years of age, or is of lesser age and has exceptional importance, and:
A. Is associated with events that have made a significant contribution to the broad patterns of local, state, or national history;
B. 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;
C. Is an outstanding work of a designer, builder, or architect who has made a substantial contribution to the art;
D. Exemplifies or reflects special elements of the city’s cultural, special, economic, political, aesthetic, engineering, or architectural history;
E. Is associated with the lives of persons significant in national, state, or local history;
F. Has yielded or may be likely to yield important archaeological information;
G. Is a building removed from its original location but which is significant primarily for architectural value or which is the only surviving structure significantly associated with a historic person or event;
H. Is a cemetery, which derives its primary significance from age, distinctive design features, or association with historic events, people, or cultural patterns;
I. Is a reconstructed building that has been executed in a historically accurate manner, within a suitable environment on the original building site and which is congruent with the city’s history; or
J. Is a creative and unique example of formal 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. [Ord. 508B, 1993.]
2.66.120 Review of properties nominated for National Register.
Upon receipt from the state of Washington of an application for nomination to the National Register, the commission shall conduct a public hearing and prepare a report on whether or not the property, in the commission’s opinion, meets the criteria for inclusion in the National Register. The chairman of the commission shall transmit the report with the commission’s recommendation to the state within 60 days of receipt of the application. [Ord. 508B, 1993.]
2.66.130 Process for designating properties or districts in city register.
A. Any person may nominate a building, site, or district for inclusion in the city historic register. Members of the commission, or the commission as a whole, may make general nominations. In its designation decision, the commission shall consider the city inventory of historic places and the city comprehensive plan.
B. The nomination for the designation of a district to the city historic register shall include a description of the boundaries of the district, the characteristics of the district which justify designation, and inventory of features, including buildings and sites which contribute to the significance of the district and standards to guide review of changes to property within the district. The inventory of features required may include several levels of significance, depending on the importance of each feature.
C. The commission shall consider the merits of the nomination at an open public hearing after due notice has been given to the public and to the owner of the subject property not less than 10 days prior to the hearing. Such notice shall include publication in a newspaper of general circulation in the city. Notice to the owner shall be by United States mail, postage prepaid, to the address of the owner as shall appear in the records of the assessor of Lewis County. The date of mailing of such notice shall constitute the date of service of notice upon the owner. If the commission finds that the nominated property meets the designation criteria in CMC 2.66.110, the property shall be listed on the city historic register and the owner notified of the listing. Notification of the listing shall be effected in the same manner as notice of the public hearing to consider the merits of the nomination. The notification of the listing shall include an advice to the owner of the property that the decision of the commission may be appealed to the city council as provided in this chapter.
D. The decision of the commission designating property and/or a district to the city register may be appealed to the city council by the owner of any property affected. Such appeal shall be filed in writing with the community development department within 30 days of the date notification of the listing is mailed to the appealing owner. The city council, upon receiving notice of an appeal, shall set a date for a public hearing on the appeal, which date shall not be less than 20 days nor more than 60 days from the date of receipt of written notice of appeal by the council. The appeal may be heard by the council sitting en banc or by a committee of the council. The council shall consider the verbatim proceedings of the commission public hearing to consider the nomination and may, at the discretion of the council during the appeal hearing, accept additional testimony in favor of or against the designation. The city council shall, on or before its next regularly scheduled public meeting, issue a decision affirming or reversing the decision of the commission.
E. Property listed on the city register shall be recorded on official zoning records with an “HR” designation for historic register. This designation shall not change nor modify the underlying zone classification.
F. The decision of the commission shall be recorded with the auditor of Lewis County upon the expiration of the appeal period or upon receipt of the decision from the city council affirming the decision of the commission to designate property for the city register. [Ord. 810B § 6, 2006; Ord. 508B, 1993.]
2.66.140 Review of changes to register – Required.
No person shall construct any new building, nor reconstruct, alter, restore, remodel, repair, or demolish any existing building which is on the register or within a historic district without review by the commission. The review shall apply only to the exterior features which make the property historically significant; provided, that this section through CMC 2.66.170 shall have no application to ordinary repair and maintenance, including painting, nor to emergency measures as defined in CMC 2.66.030. [Ord. 508B, 1993.]
2.66.150 Review of changes to register – Process.
A. The building or zoning official shall report any application for a permit for exterior work on a designated historic register property or in a historic district to the commission and shall notify the applicant of the commission’s review requirements. The building or zoning official shall continue to process such application and shall work with the commission in considering building and fire code requirements but shall not issue any such permit until review and findings have been made by the commission. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted.
B. The owner or owner’s agent may apply directly to the commission for a review of the proposed changes on a designated historic property or on property within a designated historic district.
C. Each application for review of proposed changes shall be accompanied by such information as is required by the commission and which is reasonably necessary for the proper review of the proposed project.
D. The commission shall meet with the applicant and review the proposed work according to the factors contained in CMC 2.66.160. The commission shall complete its review and make its recommendations within 30 days of the date of receipt of the application. Action on the application shall be made at regular meetings of the commission. The commission’s recommendations shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision. These findings of fact and reasons shall be based on the factors to consider in reviewing changes as cited in CMC 2.66.160. [Ord. 508B, 1993.]
2.66.160 Factors to consider in reviewing changes to historic register property.
A. In the case of property not located within a designated historic district, the commission shall consider whether the proposed work will detrimentally alter, destroy, or adversely affect any interior or exterior feature which relates to the listing of the property on the historic register.
B. In the case of construction of a new improvement or building on the site of a historic register property, the commission shall consider whether the exterior of such construction will adversely affect and/or will be compatible with the external appearance of existing designated improvements, buildings and structures on said site.
C. In the case of any property located within a historic district, the commission shall consider whether the proposed construction, removal, rehabilitation, alteration, remodeling, excavation, or exterior alteration adversely affects the character of the district or historic features of the building.
D. In all cases, the commission shall consider whether proposed alterations or significant changes are necessary or appropriate to meet the requirements of any other law, statute, regulation, code, or ordinance. [Ord. 508B, 1993.]
2.66.170 Commission findings.
If the final proposal to reconstruct, alter, restore, remodel, repair, or demolish an existing historic building will create a significant effect on the historic characteristics of the building or significant effect on the features of the building which were the basis for listing the building on the register, the commission must begin consideration for removal of the property from the register as provided in CMC 2.66.180. [Ord. 508B, 1993.]
2.66.180 Removal of properties from register.
In the event any historic property has been altered, remodeled, reconstructed, or demolished in a way or to an extent that creates significantly adverse effects on the building elements which relate to the listing of the property on the historic register, the commission shall remove such designation by the same procedure as provided for in establishing the designation, particularly CMC 2.66.130(C), (D) and (E). [Ord. 508B, 1993.]
2.66.190 Relationship to zoning.
Properties designated to the historic register shall be subject to the provisions set forth in this chapter, as well as the bulk, use, setback, and other controls of the zoning district in which they are located. Nothing contained in this chapter shall be construed to be repealing, modifying, or waiving any zoning provisions. [Ord. 508B, 1993.]
2.66.200 Review and monitoring of properties for special property tax valuation.
A. The commission shall be, and it is, designated as the local review board for special property tax valuation as defined in RCW 84.26.020(5).
B. The commission shall accept applications from the Lewis County assessor of classification of historic property for special valuation pursuant to Chapter 84.26 RCW.
C. The commission shall approve applications for classification of historic property for special valuation pursuant to the requirements of RCW 84.26.050(2).
D. An application for classification as an eligible historic property shall be approved or denied by the commission within 60 days of the commission’s receipt of the application. The commission shall notify the applicant and the county assessor of the approval or denial within 10 days of the commission’s assessment, and the assessor shall be notified before December 31st of the calendar year in which the application is made, provided such application is received by the commission on or before the tenth day of October of the calendar year in which the application is made.
E. If the commission determines that the property qualifies as an eligible historic property, the review board shall certify the fact in writing and shall file a copy of the certificate with the county assessor within 10 days. The certificate shall state the facts upon which the approval is based.
F. Once an agreement between an owner and the commission has become effective pursuant to subsection (C) of this section, there shall be no changes in standards of maintenance, public access, alteration, or report requirements, nor any other provisions of the agreement, during the period of the classification, without the approval of all parties to the agreement. [Ord. 508B, 1993.]