Chapter 18.170
CULTURAL/HISTORIC RESOURCES
Sections:
18.170.020 Authority and scope of review.
18.170.030 Resource designation.
18.170.040 Development permits.
18.170.010 Purpose.
These provisions are intended to promote the preservation and enhancement of the city’s identified cultural and historic sites and artifacts. The purpose of these regulations are:
(A) To encourage public knowledge, understanding, and appreciation of the city’s cultural and historic resources;
(B) To foster community, neighborhood, and ownership pride based on preservation, enhancement, and use of cultural and historic resources;
(C) To protect and enhance property values and the aesthetic quality of the community;
(D) To identify and resolve conflicts between the preservation of historic resources and alternative land uses;
(E) To facilitate restoration and upkeep of historic buildings by integrating the management of resources and relevant data into the development permit process; and
(F) To provide standards and procedures for designating cultural and historic resources, allowing normal and necessary maintenance, managing restoration, and regulating alteration and demolition of identified resources. [Ord. 666 § 1, 1987; Ord. 810, 2000; Code 2000 § 11.40.41.]
18.170.020 Authority and scope of review.
The review of development permits related to designated resources shall be consistent with the procedures set forth herein. The city council may, by resolution, appoint a review commission to review special permits and/or designation of resource sites. In the absence of an historical review commission, the planning commission shall act in that capacity for review of development permit requests. The scope of review on any resource site shall be limited to the exterior appearance and features of the structure. The remaining lot area and undesignated accessory structures are not subject to special review under this section. [Ord. 666 § 1, 1987; Ord. 810, 2000; Code 2000 § 11.40.42; Ord. 841 Exh. 1, 2003.]
18.170.030 Resource designation.
All registered cultural and historic resources shall be designated by a CHR designation on the comprehensive plan map. Addition or removal of a designated resource shall be managed as required by the State Historic Preservation Office (SHPO).
(A) A resource shall only be designated upon findings of significance consistent with the State Historic Preservation Office (SHPO) policies and requirements.
(B) A resource of potential historic, cultural, or archeological significance discovered during the review of a development permit or construction at the site shall be protected by a temporary stop work, not to exceed 45 days, to allow for notification of appropriate agencies and for preliminary findings as to the site’s level of resource significance. On or before the forty-fifth day, the city council shall hold a public hearing to determine the site appropriateness for designation.
(1) If the site is found to be significant with a need for protection, the council shall initiate a plan amendment and the provision of this section shall apply.
(2) If negative findings are made as to significance, the council shall order the stop work to be lifted.
(C) Except in the case of a request for designation by the owner of a resource site, the burden of proof of significance and evaluation of conflicting use impacts shall be on the city and affected agencies or interested parties. If the owner requests designation, the burden of proof shall be on the owner.
(D) The burden of proof of compliance with permit criteria set forth herein for exterior improvements or alterations of designated resources shall be on the applicant.
(E) The designation of a resource may be removed only by comprehensive plan map amendment based upon compelling evidence that the designation was in error, is no longer of significance to the public, or that the public will benefit to a greater degree by an alternative use.
(F) The designation of a resource shall be only established with the property owner’s consent. [Ord. 666 § 1, 1987; Ord. 810, 2000; Code 2000 § 11.40.43; Ord. 841 Exh. 1, 2003.]
18.170.040 Development permits.
(A) Any alteration of the exterior of a designated historic or cultural resource, as defined by the Uniform Building Code, or any relocation of such a resource, shall be reviewed through the appropriate review procedure as prescribed by the community development director.
(B) No development permit shall be issued for exterior alteration or relocation of any designated resource or any potential resource which is under consideration for designation while a public hearing or any appeal thereof is pending.
(C) Approval of a development permit to alter the exterior of or relocate a designated resource shall be based on findings of adherence to the following guidelines:
(1) Retention of Original Construction. All original exterior materials and details shall be preserved to the maximum extent feasible.
(2) Height. Additional stories may be added to historic buildings provided:
(a) The added height complies with requirements of the building and development codes; and
(b) The added height does not exceed that which was traditional for the style of the building.
(D) Demolition of Resource.
(1) If a demolition permit for an identified significant historic structure is submitted, the city shall institute a 60-day notice period before holding a public hearing on the matter before the planning commission. Notice shall be generally posted with specific notice to:
(a) State Historic Preservation Office;
(b) The county museum;
(c) Local newspaper;
(d) City historical commission.
(2) When reviewing an application for demolition of a historic structure, the planning commission shall consider the following:
(a) The state of repair of the building;
(b) The reasonableness of the cost of restoration or repair;
(c) The purpose of preserving such designated historical buildings and sites;
(d) The character of the neighborhood;
(e) Alternative to demolition, proposed by interested parties;
(f) The proposed use of the site, if the resource is demolished;
(g) All other factors the planning commission feels are appropriate.
(3) Based on the above considerations, the planning commission shall either:
(a) Immediately issue a demolition permit; or
(b) Grant an extension of up to 60 days for interested parties to formulate a legitimate acquisition plan. Such alternative action must, however, be implementable within 180 days of presentation to the planning commission;
(c) If no appropriate alternative is presented after the 60-day extension, the demolition permit shall be issued.
(E) Reference shall be made to the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings for guidance in the review of a development permit involving a historic and cultural resource.
(F) Ordinary Maintenance and Repair. Nothing in CMC 18.170.030 shall be construed to prevent the ordinary maintenance or repair in or on any resource designated by CMC 18.170.030 that does not involve a change in design, material, or external appearance thereof.
(G) Abatement of a Historic and Cultural Resource. Abatement of an unsafe building or structure may proceed, through a Type III procedure, upon findings by the review authority that the condition of the building or structure is beyond practical repair or restoration, is a continuous threat to the safety of life or property which cannot otherwise be eliminated, or does not otherwise comply with the Uniform Building Code for the Abatement of Dangerous Buildings. [Ord. 666 § 1, 1987; Ord. 810, 2000; Code 2000 § 11.40.44; Ord. 841 Exh. 2, 2003.]