40.240.310 Special Uses in Historic Buildings

Special uses in historic buildings are allowed pursuant to the following:

A.    For the purposes of this section, “historic buildings” means buildings either on or eligible for the National Register of Historic Places. Eligibility for the National Register shall be determined pursuant to Section 40.240.310(C)(1)(a).

B.    Additional Review Uses for Historic Buildings.

1.    Properties in all GMA land use designations except Open Space and Agriculture-Special with buildings included on the National Register of Historic Places shall be permitted to hold commercial events, subject to the guidelines of Sections 40.240.800 through 40.240.900, and Sections 40.240.310(C)(1)(b) through (e) and 40.240.310(C)(2) through (4).

2.    Properties in all GMA land use designations except Open Space and Agriculture-Special with buildings included on the National Register of Historic Places and which were former restaurants and/or inns shall be permitted to re-establish these former uses, subject to the guidelines of Sections 40.240.800 through 40.240.900, and Sections 40.240.310(C)(1)(b)(1) and (2), (C)(1)(c) through (e), and (C)(2) through (4). The capacity of restaurant use and overnight accommodation shall be limited to that existing in the former use, and the former use shall be contained within the limits of the building as of January 1, 2006. Banquets, private parties, and other special events that take place entirely within an approved restaurant facility shall be considered a restaurant use allowed under this section.

3.    Properties in all GMA land use designations except Open Space and Agriculture-Special with buildings included on the National Register of Historic Places shall be permitted to be open for public viewing, interpretive displays, and an associated gift shop that is no larger than one hundred (100) square feet and incidental and subordinate to the primary use of the property, subject to the guidelines of Sections 40.240.800 through 40.240.900, and Sections 40.240.310(C)(1)(b)(1) and (2), (C)(1)(c) through (e), and (C)(2) through (4). Voluntary donations and/or fees to support maintenance, preservation and enhancement of the cultural resource may be accepted by the landowner.

4.    The following additional review uses may be allowed in all GMA land use designations except Open Space and Agriculture-Special on a property with a building either on or eligible for the National Register of Historic Places and that was fifty (50) years old or older as of January 1, 2006, subject to the guidelines of Sections 40.240.800 through 40.240.900, and Section 40.240.310(C):

a.    Establishments selling food and/or beverages, limited to historic buildings that originally had kitchen facilities. The seating capacity of such establishments shall be limited to the building as the building existed on January 1, 2006, including any decks, terraces, or patios also existing as of that date. Banquets, private parties, and other special events that take place entirely within approved establishments selling food and/or beverages shall be considered part of the approved use.

b.    Overnight accommodations, and the room capacity of such accommodations shall be limited to the number of existing rooms in the historic building as of January 1, 2006.

c.    Commercial events in the building or on the subject property, incidental and subordinate to the primary use of the property.

d.    Wineries, upon a showing that processing of wine is from grapes grown on the subject parcel or the local region, within a historic building, as the building existed on January 1, 2006.

e.    Sales/tasting rooms in conjunction with an on-site winery, within a historic building, as the building existed on January 1, 2006.

f.    Conference and/or retreat facilities within a historic building, as the building existed on January 1, 2006.

g.    Artists studios and galleries within a historic building, as the building existed on January 1, 2006.

h.    Gift shops within a historic building, as the building existed on January 1, 2006, that are:

(1)    Incidental and subordinate to another approved use included in Section 40.240.310(B)(4); and

(2)    No larger than one hundred (100) square feet.

i.    Interpretative displays, picnic areas or other recreational day use activities on the subject property.

j.    Parking areas on the subject property to support any of the uses in this subsection.

5.    Uses in subsections (B)(1) and (B)(4)(C) of this section are not subject to the requirements of Section 40.240.290. Commercial events at historic properties are regulated by this section. Applications for commercial events shall meet the requirements of Section 40.240.310(C)(1)(b)(4). The following apply to commercial events at historic buildings:

a.    Commercial events include weddings, receptions, parties, and other gatherings that are incidental and subordinate to the primary use of the parcel.

b.    The owner of the subject property shall notify the reviewing agency and all owners of land within five hundred (500) feet of the perimeter of the subject property of each event. The notice shall be in writing and shall be mailed at least seven (7) calendar days before an event.

6.    Uses in subsections (B)(3) and (B)(4)(i) are not subject to the parking limits in Section 40.240.890.

7.    Land use approvals for special uses in historic buildings shall be subject to review by the local government every five (5) years from the date the original approval was issued. As part of this review, the applicant shall submit to the responsible official documentation on the progress made in implementing the protection and enhancement plan required by Section 40.240.310(C)(1)(b). The responsible official shall submit a copy of such documentation to the State Historic Preservation Officer (SHPO). The SHPO shall have thirty (30) calendar days from the date this information is mailed to submit written comments to the responsible official. If the responsible official’s determination contradicts comments from the SHPO, the responsible official shall justify how the opposing conclusion was reached. The responsible official shall revoke the land use approval if the owner has failed to implement the actions described in the protection and enhancement plan according to the schedule for completing such actions in this plan. The responsible official, however, may allow such a use to continue for up to one (1) additional year from the date it is determined that the applicant has failed to implement the actions if the applicant submits a written statement describing unforeseen circumstances that prevented the applicant from completing the specified actions according to the approved schedule, what progress the applicant has made towards completing such actions, and a proposed revised schedule for completing such actions.

8.    In the event a court enters a judgment that one (1) or more of the use authorizations provided for in subsections (B)(1) through (B)(4) of this section are invalid, the authorizations for other uses in this subsection are severed and will remain in effect.

(Amended: Ord. 2006-08-21)

C.    Additional Resource Protection Standards for Uses in Historic Buildings. The following standards apply to the proposed uses listed in subsection (B) of this section, in addition to the requirements of Sections 40.240.800 through 40.240.900:

1.    Cultural Resources.

a.    All applications for uses listed in Section 40.240.310(B)(4) shall include a historic survey and evaluation of eligibility for the National Register of Historic Places, to be prepared by a qualified professional hired by the applicant. The evaluation of eligibility shall not be required for buildings previously determined to be eligible. For such properties, documentation of a prior eligibility determination shall be included in the application. The historic survey shall meet the requirements specified in “Historic Surveys and Reports” (Management Plan, page I-58). The evaluation of eligibility shall follow the process and include all information specified in the National Register Bulletin “How to Apply the National Register Criteria for Evaluation” (National Park Service, National Register Bulletin #15). Eligibility determinations shall be made by the responsible official, based on input from the SHPO. The responsible official shall submit a copy of any historic survey and evaluation to the SHPO. The SHPO shall have thirty (30) calendar days from the date this information is mailed to submit written comments on the eligibility of the property to the responsible official. If the responsible official’s determination contradicts comments from the SHPO, the responsible official shall justify how the opposing conclusion was reached.

b.    Applications for Special Uses for Historic Buildings shall include a protection and enhancement plan which shall include the following:

(1)    A description of how the proposed use will significantly contribute to the protection and enhancement of the historic resource, including specific actions that will be taken towards restoration, protection and enhancement, and adequate maintenance of the historic resource, and a proposed schedule for completing such actions.

(2)    A statement addressing consistency of the proposed use with the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties and the Secretary of the Interior’s Standards for Preservation of Historic Properties.

(3)    Detailed architectural drawings and building plans that clearly illustrate all proposed exterior alterations to the building associated with the proposed use. Any exterior additions to the building or outdoor components of the proposed use (e.g., parking areas, site for temporary structures, interpretive displays) shall be shown on the use plan.

(4)    Any proposal for commercial events at a historic property shall include an operation plan for commercial events, to be incorporated into the protection and enhancement plan. The operational plan shall include sufficient information to demonstrate how the commercial events will remain incidental and subordinate to the primary use of the property, and shall, at a minimum, address:

(a)    Number of events to be held annually;

(b)    Maximum size of events, including number of guests and vehicles at the proposed parking area;

(c)    Provisions for temporary structures, including location and type of structures anticipated; and

(d)    How the proposed commercial events will contribute to protection and enhancement of the historic resource.

c.    The responsible official shall submit a copy of the protection and enhancement plan to the SHPO. The SHPO shall have thirty (30) calendar days from the date this information is mailed to submit written comments to the responsible official. The SHPO shall address consistency of the proposed use with the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties and the Secretary of the Interior’s Standards for Preservation of Historic Properties, and the effect of the proposed use on the historic resource.

d.    The proposed use has been determined by the responsible official to have no effect or no adverse effect on the historic character of the property, including features of the property contributing to its historic significance. If the responsible official’s final decision contradicts the comments submitted by the SHPO, the responsible official shall justify how it reached its opposing conclusion.

e.    Proposed alterations to the building or surrounding area associated with the proposed use have been determined by the responsible official to be consistent with the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties and the Secretary of the Interior’s Standards for Preservation of Historic Properties. If the responsible official’s final decision contradicts the comments submitted by the SHPO, the responsible official shall justify how it reached its opposing conclusion.

2.    Scenic Resources.

a.    New parking areas associated with the proposed use shall be located on the subject property as it existed on January 1, 2006. Such parking areas may be developed using paving blocks, gravel, or other pervious surfaces; asphalt and other impervious materials shall be prohibited.

b.    New parking areas associated with the proposed use shall be visually subordinate from key viewing areas, and shall to the maximum extent practicable, use existing topography and existing vegetation to achieve visual subordinance. New screening vegetation may be used if existing topography and vegetation are insufficient to help make the parking area visually subordinate from key viewing areas, if such vegetation would not adversely affect the historic character of the building’s setting.

c.    Temporary structures associated with a commercial event (i.e., tents, canopies, portable restrooms) shall be placed on the subject property no earlier than two (2) days before the event and removed within two (2) days after the event. Alternatively, temporary structures may remain in place for up to ninety (90) days after the event if the responsible official determines that they will be visually subordinate from key viewing areas.

3.    Recreation Resources. The proposed use shall not detract from the use and enjoyment of existing recreation resources on nearby lands.

4.    Agricultural and Forest Lands.

a.    The proposed use is compatible with and will not interfere with accepted forest or agricultural practices on nearby lands devoted to such uses.

b.    The proposed use will be sited to minimize the loss of land suitable for production of crops, livestock, or forest products.

c.    A declaration has been signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs and assigns of the subject property are aware that adjacent and nearby operators are entitled to carry on accepted agriculture or forest practices on lands designated Large-Scale or Small-Scale Agriculture, Agriculture-Special, Commercial Forest Land, or Large or Small Woodland.

d.    All owners of land in areas designated Large-Scale or Small-Scale Agriculture, Agriculture-Special, Commercial Forest Land, or Large or Small Woodland that are within five hundred (500) feet of the perimeter of the subject property on which the use is proposed to be located have been notified and given at least ten (10) days to comment prior to a decision on an application for a special use for a historic building.

(Amended: Ord. 2006-05-04)

ARTICLE IV. LAND DIVISIONS AND LOT LINE ADJUSTMENTS