Chapter 17.33
HISTORIC DISTRICT (HIS)
Sections:
17.33.001 Legislative findings.
17.33.010 Historic districts created.
17.33.020 Legal boundary defined.
17.33.055 Conditional uses – Westside/Hillside historic districts.
17.33.060 Conditional uses – Listed, contributing property.
17.33.070 Conditional uses – Listed, noncontributing property.
17.33.080 Conditional uses – Unlisted property.
17.33.090 Change of use or occupancy.
17.33.100 New construction in HIS district.
17.33.110 Addition – Substantial alteration – Substantial repair in HIS district.
17.33.120 Bed and breakfast facility.
17.33.130 Moving or demolition of buildings.
17.33.140 Uniform code exemption in HIS district available.
17.33.150 Other exemptions available in HIS district.
17.33.170 Design assistance available.
17.33.180 Historic plaque – Criteria for display.
17.33.001 Legislative findings.
A. There exist districts within the city, containing business uses, but also containing residential and other uses, which were platted and built upon before the advent of current zoning and building codes.
B. Buildings and uses within such historic districts, due to the age and condition of the buildings and structures, small lot size and high degree of lot coverage, suffer from unique problems when required to adhere strictly to current zoning and building regulations.
C. It is unduly difficult to repair, remodel or improve existing buildings in the historic districts for existing uses or to establish new uses therein, whenever such actions cause the building or use to be required to meet current zoning and building regulations.
D. Variances from the requirements of current zoning and building codes are an inappropriate means of dealing with the problems of the historic districts, as such problems arise from characteristics applicable to a large number of buildings within such districts rather than from the unique characteristics of each individual property.
E. This state of affairs contributes to the continued physical deterioration of buildings, and to the loss of the ability to sustain viable business and other uses, in the historic districts.
F. Preservation and enhancement of the historic districts are deemed essential to preserve community identity and sociological integration as new development occurs in other parts of the city.
G. It is in the public interest to provide appropriate relief from the requirements of the strict application of current zoning and building codes when so doing will serve to preserve and enhance buildings and uses in the historic districts and the public health and safety are not thereby endangered. [Ord. 720B § 1, 2002.]
17.33.010 Historic districts created.
A. There shall be, and hereby is, created a special district to be known as an historic district (HIS). Such districts are not limited in number or size, and shall be designated and adopted consistent with the requirements of Chapter 2.66 CMC.
B. Any historic district which has been properly designated by the city shall become a new section of Appendix Chapter J and shall be regulated as provided in this chapter.
C. Any building or property which is individually listed on the State or National Registers of Historic Places, or identified in the Chehalis comprehensive plan as having local historical significance, shall be considered to be a unique HIS district, whether or not located within any other HIS district.
[Ord. 720B § 1, 2002.]
17.33.020 Legal boundary defined.
A. The legal boundary of any HIS district herein and hereafter created shall be as depicted in Appendix Chapter J, along with any conditions of approval or designation.
B. Each HIS district shall be subdivided into three categories of property within said district:
1. Listed, contributing property as defined in the district approval process;
2. Listed, noncontributing property as defined in the district approval process; and
3. Unlisted property, being all properties within a district not consistent with subsection (B)(1) or (B)(2) of this section.
C. Any property individually listed on the State or National Registers of Historic Places, or identified in the Chehalis comprehensive plan as having local historical significance, shall be considered a listed, contributing building as it relates to the administration of this chapter.
D. Each HIS district identified in Appendix Chapter J shall include a listing of all parcels of property within such district. Such listing shall include the tax parcel number, the site address, and the category of each parcel as it relates to the HIS district.
E. Any alteration, expansion or other change in the boundary of any designated historic district shall be consistent with CMC 2.66.110 through 2.66.130. Such alteration, expansion or other change which has been approved as required shall be inserted into Appendix Chapter J, replacing any prior designation of such district. [Ord. 720B § 1, 2002.]
17.33.030 Permitted uses.
Any use which is permitted in the underlying land use zone shall be permitted in the HIS district. [Ord. 720B § 1, 2002.]
17.33.040 Accessory uses.
Any accessory use which is permitted in the underlying land use zone shall be permitted in the HIS district. [Ord. 720B § 1, 2002.]
17.33.050 Home occupations.
Any lawful home occupation permitted in the underlying land use zone shall be permitted in the HIS district. [Ord. 720B § 1, 2002.]
17.33.055 Conditional uses – Westside/Hillside historic districts.
Nonresidential uses submitted as conditional use applications within the Westside or the Hillside historic districts shall not be permitted unless the applicant:
A. Demonstrates by clear and convincing evidence that the proposal will not be incompatible with the adjacent or surrounding historical development in the district; and
B. Agrees to reasonable design features and/or mitigation requested by the historic commission which is properly presented at a public hearing. [Ord. 806B § 4, 2006.]
17.33.060 Conditional uses – Listed, contributing property.
A. Any conditional use application relating to a listed, contributing property in any HIS district shall require the applicant to meet with the DRC prior to the conduct of the required public hearing on the application. The historic commission representative should present historically significant issues to the applicant at such a meeting. Subsequent to such a DRC meeting, the historic commission representative shall forward a recommendation on such an application to the hearing examiner.
B. The design guidelines listed in Appendix Chapter O which are reasonably related to any proposed project shall become mandatory elements of any conditional use application approval. Consistency with such elements shall be determined by the historic commission representative on the DRC. Failure to comply with such elements or requirements shall be abated as provided in CMC 7.04.130. [Ord. 720B § 1, 2002.]
17.33.070 Conditional uses – Listed, noncontributing property.
A. Any conditional use application relating to a listed, noncontributing property in any HIS district may require the applicant to meet with the DRC to discuss such an application at the discretion of the historic commission representative.
B. The historic commission representative shall determine whether or not such an application warrants consideration by the commission, and shall advise the DRC of his decision. If a meeting with the applicant is determined to be warranted, the chairperson of the DRC shall advise the applicant of the requirement and shall schedule such a meeting at any regular DRC meeting prior to the conduct of the required public hearing on the application.
C. Subsequent to such a DRC meeting, the historic commission representative may forward a recommendation on such an application to the hearing examiner. [Ord. 720B § 1, 2002.]
17.33.080 Conditional uses – Unlisted property.
A. Any conditional use application relating to an unlisted property in any HIS district shall be submitted and reviewed consistent with the requirements of CMC 17.09.185.
B. The historic commission representative may forward a recommendation on such an application to the hearing examiner. [Ord. 720B § 1, 2002.]
17.33.090 Change of use or occupancy.
In addition to the requirements of CMC 17.03.070, any change in use or occupancy in any HIS district which constitutes a conditional use shall comply with the requirements of CMC 17.33.060, 17.33.070 or 17.33.080, whichever is applicable. [Ord. 720B § 1, 2002.]
17.33.100 New construction in HIS district.
A. Westside and Hillside Districts. The following criteria shall be applicable to any new construction within the Westside and Hillside historic districts:
1. New single-family residences (SFR) which are located on property within an historic district shall be designed to be architecturally compatible with buildings in the vicinity. Such compatibility shall be determined by the historic commission based on applicable design guidelines in Appendix Chapter O.
2. New SFRs which are designed to be architecturally consistent with listed, contributing buildings in the vicinity shall be afforded the incentives identified in CMC 17.33.140 through 17.33.170. Such consistency shall be determined by the historic commission.
3. Construction of new accessory buildings shall be compatible with existing principal buildings.
B. Downtown District. The following criteria shall be applicable to any new construction within the downtown historic district:
1. Any new construction shall be designed to be architecturally compatible with any buildings adjacent to the subject building, and with other contributing buildings in the vicinity.
2. New buildings which are designed to be architecturally consistent with listed, contributing buildings in the vicinity shall be afforded the incentives identified in CMC 17.33.140 through 17.33.170. Such consistency shall be determined by the historic commission.
C. Any new construction proposed to be located within 300 feet of any building listed on the State or National Registers of Historic Places shall require the applicant to meet with the DRC, and specifically the historic commission representative. [Ord. 720B § 1, 2002.]
17.33.110 Addition – Substantial alteration – Substantial repair in HIS district.
Additions, substantial alterations or substantial repairs may be made to existing buildings in any HIS district, provided:
A. The proposed construction shall not diminish the historical significance or attributes of a listed, contributing property, and shall be reviewed by the historic commission.
B. The development permit application shall be subject to all applicable provisions of this title unless such application is submitted consistent with CMC 17.33.140 and/or 17.33.150.
C. Any addition, substantial alteration, or substantial repair proposed to be located within 300 feet of any building listed on the State or National Registers of Historic Places shall require the applicant to meet with the DRC, and specifically the historic commission representative. [Ord. 720B § 1, 2002.]
17.33.120 Bed and breakfast facility.
A. In addition to all other applicable requirements of this title, a proposal for a bed and breakfast facility within any residential zone in any HIS district shall comply with the following requirements:
1. Such proposal is limited to the conversion of an existing residential building in an HIS district to any approved bed and breakfast facility. New construction, substantial alteration and/or addition to an existing structure will not be permitted for such a facility;
2. The operator of the bed and breakfast facility shall reside within the subject property;
3. Such proposal shall be considered a conditional use application and be submitted as required in CMC 17.09.185;
4. Interior alterations necessary to comply with adopted codes or any conditions of approval for any bed and breakfast facility shall not change the exterior appearance of the structure, or any attribute of the structure causing its historical significance unless such alteration is part of an overall design plan approved by the historic commission;
5. Site improvements for parking, landscaping, visual aesthetics and consistency with the aspects of historical significance of the property shall be approved by the historical commission representative of the DRC, and shall not degrade any aspect of the listing criteria of a contributing property.
B. A proposal for a bed and breakfast facility which also concurrently proposes to reconstruct or restore the subject structure and property to be substantially consistent with its original historical significance, and which design is approved by the historic commission, shall be exempt from the provisions of the adopted uniform codes except for fire safety, life safety, structural and sanitation requirements, consistent with IBC Section 3407. This provision does not exempt the applicant from any requirements of the development engineering standards. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]
17.33.130 Moving or demolition of buildings.
A. No building shall be moved into any HIS district without compliance with all applicable provisions of this chapter.
B. Any building moved into any HIS district shall be considered new construction for the purpose of administration of this chapter, and shall comply with all requirements for new construction and uses.
C. No listed, contributing building on any lot in any HIS district shall be demolished or removed from the original location of such building unless a variance has been granted therefor by the hearing examiner, and no demolition or removal application for such building shall be approved by the DRC unless such variance has been granted, except as provided in subsection (D) of this section.
D. Any building or structure which may be damaged by fire, storm, act of God or act of the public enemy in excess of 60 percent of the assessed value of the subject property before such damage occurred shall be granted a demolition permit upon proper application to the DRC without a variance.
E. No listed, noncontributing building on any lot in any HIS district shall be demolished or removed from its original location without the applicant having met with the historic commission representative at a DRC meeting to discuss alternatives to such demolition or removal. Such meeting shall be scheduled by the chairperson of the DRC at the convenience of the applicant.
F. No unlisted building within the city shall be demolished or removed from its original location without a building permit. [Ord. 720B § 1, 2002.]
17.33.140 Uniform code exemption in HIS district available.
A. Any listed, contributing building in any HIS district shall be declared to be an historic building for the purpose of implementing the exemptions to the IBC identified in IBC Section 3407 whenever the development proposal is not inconsistent with the criteria establishing the property as a contributing property, or otherwise degrades the historical significance of the listing.
B. Any listed, noncontributing building in any HIS district shall be declared to be an historic building for the purpose of implementing the exemptions to the IBC identified in IBC Section 3407 whenever:
1. The applicant for any development permit requiring compliance with the building code has met with the historic commission representative at a DRC meeting, and has considered the recommendations of the representative in the permit application; or
2. The subject permit application involves renovation and/or reconstruction of any aspect of the property to substantially its historic significance, and has been reviewed by the historic commission.
C. Any unlisted building in any HIS district shall be declared to be an historic building for the purpose of implementing the exemptions to the IBC identified in IBC Section 3407 whenever:
1. The subject permit application proposes to construct, renovate and/or reconstruct the property to substantially its historic significance; and
2. The historic commission has been involved in discussions relating to the development and design of the application proposal, and has indicated its satisfaction thereof.
D. Any new construction or moved building shall be deemed an unlisted building for the purpose of administering the exemption provisions of this section.
E. Any development permit application submitted to the DRC for review and decision-making shall indicate whether or not the applicant desires relief from the building code requirements consistent with this section. Such indication may be a written narrative within the application package or an oral presentation to the DRC at any regular meeting. Failure to indicate or request such relief shall cause the DRC to review the proposal for consistency with the entire building code. [Ord. 720B § 1, 2002.]
17.33.150 Other exemptions available in HIS district.
A. Any listed, contributing building in any HIS district, and which development permit application does not create an inconsistency with the criteria establishing the property as a contributing building, shall be afforded the following relief from the requirements of this title:
1. Historic signs or placards which may be indirectly illuminated, and which depict the historical significance of a subject property, may be erected upon such property without regard to the sign provisions of this title, provided such sign is consistent with the design criteria in Appendix Chapter O;
2. Any existing building line within a required setback may be extended for an addition or modification to the structure without regard to the setback provisions of Division V of this title;
3. Any accessory building which can be demonstrated through historic documentation to have been an integral part of any original development within an historic district may be reconstructed or renovated to its original historic significance without regard to Division V of this title. Such reconstruction or renovation shall not create any physical impact to any public right-of-way or any adjacent private property;
4. One unlighted construction sign identifying the construction project and advertising the contractor, architect, engineer, etc., substantially stating: “This historic renovation project is being accomplished by:” may be displayed on the subject property for either the duration of the permitted project or 30 days, whichever is shorter. The DRC may allow such a sign to remain for a longer period if the permitted project exceeds 30 days in duration and substantial construction remains to be accomplished.
B. Any listed, noncontributing building or any unlisted building in any HIS district, and which development permit application proposes to reconstruct and/or renovate the subject property to be substantially consistent with its original historic development, and which application has been approved by the historic commission as meeting the intent and criteria of this section, shall also be afforded the relief identified in subsection (A) of this section. [Ord. 720B § 1, 2002.]
17.33.160 Design guidelines.
A. The design guidelines identified in Appendix Chapter O shall be advisory only except when a conditional use proposal is reviewed and/or approved by the city.
B. The design guidelines identified in Appendix Chapter O shall be modified only upon adoption of a resolution by the city council, pursuant to a request for such modification by the historic commission. Any such resolution so adopted shall be inserted into Appendix Chapter O, replacing all prior versions thereof. [Ord. 720B § 1, 2002.]
17.33.170 Design assistance available.
A. An applicant for any development proposal relating to any listed, contributing property may request design assistance from the historical commission. Upon a written request for such assistance, the commission shall determine an appropriate response and/or course of action based on the specific proposal.
B. An applicant for any development proposal relating to the reconstruction, renovation or restoration of any listed, noncontributing property, or any unlisted property within any HIS district, may request design assistance from the historical commission. Upon a written request for such assistance, the commission shall determine an appropriate response and/or course of action based on the specific proposal. [Ord. 720B § 1, 2002.]
17.33.180 Historic plaque – Criteria for display.
The Chehalis historic commission may create a program relating to the acquisition and display of historic plaques in historic districts. At such time as the city implements such a program, eligible property owners may display an approved historic plaque consistent with the requirements set forth in such a program. Such plaques shall not be considered signs as provided in this title. [Ord. 769B § 19, 2004.]