Chapter 2.50
HISTORIC PRESERVATION
Sections:
2.50.040 Waterville historic preservation commission.
2.50.050 Waterville register of historic places.
2.50.060 Review of changes to Waterville register of historic places properties.
2.50.070 Review and monitoring of properties for special property tax valuation.
2.50.010 Purpose.
The purpose of this chapter is to provide for the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of Waterville, Washington, and preserve and rehabilitate eligible historic properties within the town of Waterville 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 the town of Waterville as represented by those buildings, districts, objects, sites and structures which reflect significant elements of the Waterville history;
B. Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on Waterville 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, districts, objects, sites and structures. (Ord. 800 § 1, 2019).
2.50.020 Short title.
The following sections shall be known and may be cited as the “historic preservation ordinance of Waterville, Washington.” (Ord. 800 § 1, 2019).
2.50.030 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. “Waterville historic inventory” or “inventory” means the comprehensive inventory of historic and prehistoric resources within the boundaries of the town of Waterville.
B. “Waterville historic preservation commission” or “commission” means the commission created by WMC 2.50.040(A).
C. “Waterville, Washington, register of historic places,” “local register,” or “register” means the listing of locally designated properties provided for in WMC 2.50.050.
D. “Actual cost of rehabilitation” means costs incurred within 24 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 useable 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. “Building” includes both residential and nonresidential buildings, main and accessory buildings.
F. “Certificate of appropriateness” means the document indicating that 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 designation reflecting that the local government has been jointly certified by the State Historic Preservation Officer and the National Park Service 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 the town of Waterville” 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 the town of Waterville, Washington, becomes a certified local government (CLG). Once a CLG, the class of properties eligible to apply for special valuation in Waterville, Washington, means all properties listed on the local register of historic places or properties certified as contributing to a local 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 25 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 Waterville town 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, such as, but not limited to, special property tax valuation.
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 WMC 2.50.040.
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 town of Waterville 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 in the official records of the Douglas County auditor.
S. A property of historic “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 a modest geographic or cultural area, such as a neighborhood.
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 nonextant building or structure if 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 10 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 may or may 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. “Traditional cultural property (TCP)” means a property that is eligible for inclusion in the National Register of Historic Places because of its association with cultural practices or beliefs of a living community that (A) are rooted in that community’s history, and (B) are important in maintaining the continuing cultural identity of the community.
Y. “Waiver of a certificate of appropriateness” or “waiver” means the document indicating that 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 Council’s Standards” means the rehabilitation and maintenance standards used by the Waterville 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. 847 § 1, 2022; Ord. 800 § 1, 2019).
2.50.040 Waterville historic preservation commission.
A. Creation and Size. There is hereby established a Waterville historic preservation commission, consisting of five members, as provided in subsection B of this section. Members of the Waterville historic preservation commission shall be appointed by the mayor of Waterville and approved by the Waterville town council and shall be residents of Waterville, except as provided in subsection B of this section.
B. Composition of the Commission.
1. All members of the commission must have a demonstrated interest and competence in historic preservation.
2. The commission shall always include at least one professional who has experience in identifying, evaluating, and protecting historic resources and is selected from among the disciplines of architecture, history, architectural history, planning, archaeology, cultural anthropology, curation, or related disciplines. The commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of the professional position, unless the commission action is related to meeting certified local government (CLG) responsibilities cited in the certification agreement between the mayor of the town of Waterville and the State Historic Preservation Officer on behalf of the state. Furthermore, exception to the residency requirement of commission members may be granted by the mayor of Waterville and Waterville town council in order to obtain representatives from these disciplines.
C. Terms. The original appointment of five members to the commission shall be as follows: two for two years, two for three years, and one for four years. Thereafter, appointments shall be made for a three-year term. Vacancies shall be filled by the mayor of Waterville for the unexpired term in the same manner as the original appointment.
D. Powers and Duties. The primary duty of the historic preservation commission is to initiate and maintain a register of historic properties, to review proposed changes to register properties, to raise community awareness of the town’s history and historic resources, and to serve as a 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, maintain and periodically update a comprehensive inventory of historic properties within the boundaries of the town of Waterville, known as the Waterville historic inventory, and publicize the 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 Waterville 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 and protection by the town of Waterville and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties.
3. Review nominations to the Waterville register of historic places according to criteria in WMC 2.50.050(A) and Chapter 84.26 RCW, and adopt standards in its rules to be used to guide this review, and the issuance of a certificate of appropriateness or waiver.
4. Review proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect properties or districts on the register as provided in WMC 2.50.060 and Chapter 84.26 RCW; 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 of all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic resources or adjacent properties and adopt standards in its rules to guide this action.
6. Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act.
7. 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 town of Waterville.
8. Review and comment to the Waterville town council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the town of Waterville, Douglas County, the state or federal governments, as they relate to historic resources of the town of Waterville.
9. Advise the Waterville town council and the mayor generally on matters of Waterville history and historic preservation.
10. Perform other related functions assigned to the commission by the Waterville town council or the mayor.
11. 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.
12. Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas.
13. Be informed about and provide information to the public and town of Waterville departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties.
14. Review nominations to the State and National Registers of Historic Places.
15. Investigate and report to the Waterville town council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in Waterville, Washington.
16. Serve as the local review board for special valuation per Chapter 84.26 RCW, and:
a. Make determinations 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) and RCW 84.26.050(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 10-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.
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. Commission staff assistance may be provided by the town of Waterville as may be necessary to aid the commission in carrying out its duties and responsibilities under this chapter. (Ord. 800 § 1, 2019).
2.50.050 Waterville 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 Waterville register of historic places if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community; is at least 50 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 national, state, or local history.
2. Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction.
3. Is the work of a designer, builder, or architect significant in national, state or local history.
4. Exemplifies or reflects special elements of Waterville’s cultural, political, aesthetic, engineering or architectural history in ways not adequately addressed in the other criteria, such as its visual prominence, reference to intangible heritage, or recognition as a traditional cultural property (TCP).
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.
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 reconstructed building that has been executed in an historically accurate manner on the original site.
B. Process for Designating Properties or Districts to the Waterville Register of Historic Places.
1. Only property owners may nominate a building, structure, site, object, or district for inclusion in the Waterville 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 Waterville historic inventory and the Waterville comprehensive plan.
2. In the case of individual properties, the designation shall include all features – interior and exterior – and outbuildings that contribute to its designation. The nomination shall include a legal description of the property wherein a building or structure is located, or of the site. In the case of an object, the location shall be described with sufficient specificity to identify the object’s physical location.
3. In the case of a district, the designation shall include a description of the boundaries of the district; the characteristics of the district justifying its designation; and a list of all properties including features, structures, sites, and objects contributing to the designation of the district. In the case of an historic district, the commission shall consider 60 percent of property owners within the designated district to be adequate for owner consent.
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. 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 Waterville, and any other form of notification deemed appropriate by the Waterville town council. If the commission finds that the nominated property is eligible for the Waterville register of historic places, the commission shall make recommendation to the town council that the property be listed in the register with owner’s consent.
5. Properties listed on the Waterville registry 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. In the event that any property is no longer deemed appropriate for designation to the Waterville register of historic places, the commission may initiate removal from such designation by the same procedure as provided for in establishing the designation, this section. The owner may submit any pertinent information to the commission for its consideration in making the decision. A property may be removed from the Waterville register of historic places without the owner’s consent.
D. Effects of Listing on the Register.
1. Listing on the Waterville register of historic places is a 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 WMC 2.50.030, 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. Once the town of Waterville is certified as a certified local government (CLG), all properties listed on the Waterville register of historic places may be eligible for special tax valuation on their rehabilitation. (Ord. 847 § 2, 2022; Ord. 800 § 1, 2019).
2.50.060 Review of changes to Waterville 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 Waterville register of historic places or within an historic district on the Waterville register of historic places without review by the commission.
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.
Upon completion of its review, the commission shall submit its findings and recommendations to the building official. The findings and recommendations of the commission are advisory only, and shall not be binding on the building official in the issuance of the permit.
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 WMC 2.50.030.
C. Review Process.
1. Requests for Review or Waiver. The building or zoning official shall report any application for a permit to work on a designated Waterville register property 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 the findings and recommendations of the commission 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 shall apply to the commission for a review of proposed changes on a Waterville register of historic places property 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 and 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 30 calendar 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.
3. Demolition. A review is required before a permit may be issued to allow whole or partial demolition of a designated Waterville register of historic places property or in a Waterville historic district. The owner 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 45 calendar days from the initial meeting of the commission, unless both parties request an extension. If no request for an extension is made and no alternative to demolition has been agreed to, the commission shall advise the official in charge of issuing a demolition permit. The commission’s findings and recommendations are advisory only. After the property is demolished, the commission shall initiate removal of the property from the register. (Ord. 800 § 1, 2019).
2.50.070 Review and monitoring of properties for special property tax valuation.
A. Time Lines.
1. Applications shall be reviewed by the commission within 10 calendar days of filing.
2. Commission decisions regarding the applications shall be certified in writing and filed with the assessor within 10 calendar 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 WMC 2.50.050.
a. If the commission finds the properties meet all the criteria, then it shall make a recommendation to the council of the town of Waterville related to entering into an historic preservation special valuation agreement as set forth in WAC 254-20-120 with the owner. Upon execution of the agreement between the owner and the town, the commission approves the application(s).
b. If the commission determines the properties do not meet all the criteria, then it shall recommend denial of 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) to the assessor;
b. Notifies the state review board that the properties have been approved for special valuation; and
c. Monitors the properties for continued compliance with the agreements throughout the 10-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 historic property eligible to apply for special valuation in the town of Waterville” 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 the town of Waterville becomes a certified local government (CLG). Once a CLG, the “class of property eligible to apply for special valuation in town of Waterville” means all properties listed on the local register of historic places or properties certified as contributing to a local 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. A 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 property determined eligible for special valuation by the town of Waterville under this section;
c. The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) within 24 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 as set forth in WAC 254-20-100.
4. Rehabilitation and Maintenance Criteria. The Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties in WAC 254-20-100 shall be used by the 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.
D. Agreement. The historic preservation special valuation agreement in WAC 254-20-120 shall be used by the commission as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2).
E. Appeals. Any decision of the commission acting on any application for classification as historic property, eligible for special valuation, may be appealed to the Waterville town council. The appeal shall be a closed record appeal and reviewed by the council only on the records of the commission. Appeal of the council’s decision shall be to the Douglas County superior court within 21 days of the date of the final decision. (Ord. 800 § 1, 2019).