Chapter 2.18
HISTORIC PRESERVATION AND LANDMARKS COMMISSION

Sections:

2.18.010    Purpose.

2.18.020    Title.

2.18.030    Definitions.

2.18.040    Town of Concrete historic preservation and landmarks commission.

2.18.050    Town of Concrete register of historic places.

2.18.060    Review of changes to the town of Concrete register of historic places.

2.18.070    Review and monitoring of properties for special property tax valuation.

2.18.080    Relationship to zoning.

2.18.090    Establishment of a historic preservation and landmark commission.

2.18.010 Purpose.

The purpose of this chapter is to provide for the identification, evaluation, designation, and protection of designated historic and prehistoric places within the town limits of the town of Concrete and to preserve and rehabilitate eligible historic properties within the town for future generations through special valuation, a property tax incentive, as provided in Chapter 84.26 RCW in order to:

(1) Safeguard the heritage of the town as represented by those buildings, districts, objects, sites and structures which reflect significant elements of the town’s history;

(2) Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on the town’s history;

(3) Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects;

(4) Assist, encourage and provide incentive to private owners for preservation, restoration, redevelopment and use of outstanding historic buildings, districts, objects, sites, and structures;

(5) Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative land uses; and

(6) Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. [Ord. 671 § 1, 2010]

2.18.020 Title.

The following sections shall be known and may be cited as the “historic preservation and landmarks ordinance” of the town of Concrete. [Ord. 671 § 1, 2010]

2.18.030 Definitions.

The following words and terms when used in this chapter shall mean as follows, unless a different meaning clearly appears from the context:

(1) “Actual cost of rehabilitation” means cost incurred within 24 months prior to the date of application for special valuation and directly resulting from one or more of the following:

(a) Improvements to an existing building located on or within the perimeters of the original structure; or

(b) Improvements outside of but directly attached to the original structure which are necessary to make the building fully usable but shall not include rentable/habitable floor space attributable to new construction; or

(c) Architectural and engineering services attributable to the design of the improvements; or

(d) All costs defined as “qualified rehabilitation expenditures” for purposes of the federal historic preservation investment tax credit.

(2) “Building” means a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings.

(3) “Certificate of appropriateness” means the board has reviewed the proposed changes to the local register property and has certified the changes as not adversely affecting the historic characteristics of the property which contribute to its designation as provided for in CMC 2.18.050.

(4) “Certified local government” or “CLG” means the local government has been certified by the State Historical Preservation Officer as having established its own historical preservation board and a program meeting federal and state standards.

(5) “Town of Concrete historic inventory” or “inventory” means the comprehensive inventory of historic resources within the boundaries of the town.

(6) “Town of Concrete historic preservation and landmarks commission” or “commission” means the commission created by CMC 2.18.040.

(7) “Town of Concrete register of historic places,” “local register,” or “register” means the local listing of properties provided for in CMC 2.18.050.

(8) “Class of properties eligible to apply for special valuation in the town of Concrete” 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 Concrete becomes a certified local government (CLG).

Once a CLG, the class of properties eligible to apply for special valuation in the town means those properties listed on the town of Concrete’s register of historic places or on the National Register of Historic Places, or properties certified as contributing to a National Register Historic District, or determined as eligible for listing in the National Register of Historic Places which have been substantially rehabilitated at a cost and within a time period which meet the requirements set forth in Chapter 84.26 RCW.

(9) “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.

(10) “District” means 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.

(11) “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.

(12) “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.

(13) “Incentives” are such rights or privileges or combination thereof which the Concrete 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.

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.

(14) “Landmark” means any historic property and the improvement(s) thereon designated as a landmark pursuant to this chapter.

(15) “Landmark site” means a property, with or without improvements or aboveground features, designated as a landmark site pursuant to this chapter.

(16) “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 CMC 2.18.040.

(17) “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.

(18) “Object” means 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.

(19) “Ordinary repair and maintenance” means work for which a permit issued by the town of Concrete is not required by law, and where the purpose and effect of such work is to correct any deterioration or decay or damage to the real property or structure appurtenance therein and to restore the property, as nearly as may be practicable, to the condition prior to the occurrence of such deterioration, decay, or damage.

(20) “Owner of property” means the owner of record as it exists on the Skagit County assessor’s record.

(21) “Significance” or “significant” used in the context of historic significance means the following: A property with local, state or national 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 and information potential. The local area includes the town or a modest geographic or cultural area, such as a neighborhood. Local significance may apply to a property that illustrates a theme that is important to one or more localities; state significance to a theme important to the history of the state; and national significance to property of exceptional value in representing or illustrating an important theme in the history of the nation.

(22) “Site” means 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 a ruined or now non-extant building or structure with the location itself possessing historic, cultural or archaeological significance.

(23) “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).

(24) “Structure” means a work made up of interdependent and interrelated parts in a definite pattern of organization, constructed by mankind.

(25) “Universal transverse mercator” or “UTM” means the grid zone in metric measurement providing for an exact point of numerical reference.

(26) “Waiver of a certificate of appropriateness” or “waiver” means 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 certificate of appropriateness which allows the building or zoning official to issue a permit for demolition.

(27) “Washington Heritage Register” means the state listing of properties significant to the community, state, or nation but which do not meet the criteria of the National Register.

(28) “Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties” or “State Advisory Council’s Standards” also known as the U.S. Secretary of the Interior’s Historic Preservation Board as minimum requirements for determining whether or not a 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. 671 § 1, 2010]

2.18.040 Town of Concrete historic preservation and landmarks commission.

(1) Creation and Size. There was established a town historic preservation and landmarks commission, then consisting of seven members, which is now reduced to five members, as provided in subsection (2) of this section. A committee composed of the mayor and two council members will review applications or letters of interest. The committee will then submit the top two (or more, depending on number of applicants and vacant positions, as determined by the committee) names of the proposed appointee(s) to the full council for final action. A priority list shall also be provided by the committee, which shall include the names of all applicants. Commission members should be residents of Skagit County. However, the mayor and town council may grant an exception to the residency requirement of the commission members in order to obtain representatives from the disciplines in subsection (2)(b) of this section.

(2) Composition of the Commission.

(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 membership shall always include at least one town council member, and at least two professionals, appointed by the town council, 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, landscape design, cultural anthropology, archaeology, cultural geography, American studies, law, engineering and real estate. The commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions, unless the board action is related to meeting certified local government (CLG) responsibilities cited in the certification agreement between the town council and the State Historic Preservation Officer.

(3) Terms. The original appointment of members to the commission shall be for four years. Vacancies shall be filled by the Concrete town council for the unexpired term in the same manner as the original appointment. No member shall serve more than two consecutive terms.

(4) Powers and Duties. The major responsibility of the historic preservation and landmarks commission is to identify and actively encourage the conservation of the town’s historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties; to raise community awareness of the town’s historic resources; and to serve as the town’s primary resource in matters of historic planning and preservation.

In carrying out these responsibilities, the historic preservation and landmark commission shall engage in the following:

(a) Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the town and known as the town historic inventory; publicize and periodically update inventory results. Properties listed on the inventory shall be recorded on official building permit records with an “HI” (for historic inventory) designation. This designation shall not change or modify the underlying zone classification;

(b) Initiate and maintain the town’s register of historic places. This official register shall be compiled of buildings, structures, sites and objects identified by the board as having historical significance worthy of recognition by the town and encourage the efforts of owners to maintain, rehabilitate, and preserve such properties;

(c) Review nominations to the town register of historic places according to criteria in CMC 2.18.050 and adopt standards in its rules to be used to guide this review;

(d) Review proposals to construct, change, alter, modify, remodel, move, demolish, and significantly affect properties on the register as provided in CMC 2.18.050 and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver;

(e) Provide for the review either by the commission or its staff of all applications for approvals, permits, environmental assessments or impact statements and other similar documents pertaining to identified historic resources and adjacent properties;

(f) Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation, and adopt standards in its rules to guide this action;

(g) Participate in, promote and conduct public information and educational programs pertaining to historic resources;

(h) 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;

(i) Review and recommend to the town council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the town, the state or federal governments, as they relate to historic resources of the town;

(j) Advise the town council generally on matters of historic preservation;

(k) Perform other related functions assigned to the commission by the Concrete town council;

(l) 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;

(m) 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;

(n) Be informed about and provide information to the public and town departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties;

(o) Submit nominations, approved by the town council, to the Washington Heritage Register and National Register of Historic Places;

(p) Investigate and report to the town council on the use of various federal, state, local, or private funding sources available to promote historic resource preservation in the town;

(q) Serve as the local review commission for special valuation and:

(i) Make determination concerning the eligibility of historic properties for special valuation;

(ii) Verify that the improvements are consistent with the Washington State Advisory Council’s Standards for Rehabilitation and Maintenance;

(iii) Recommend to the town council. Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254-20-070(2);

(iv) Prepare recommendations to approve or deny applications for special valuation;

(v) Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the 10-year special valuation period; and

(vi) Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW;

(r) The commission shall adopt rules of procedure to address subsections (4)(c), (d), (f), and (q) of this section inclusive with council confirmation.

(5) Compensation. All members shall serve without compensation.

(6) Rules and Officers. The commission may establish and adopt its own rules of procedures.

(7) Commission Staff. Commission and professional staff assistance shall be provided by the town clerk and town planner and/or qualified consultant(s) with additional assistance and information to be provided by other town department staff as available to aid the commission in carrying out its duties and responsibilities under this chapter. [Ord. 859, 2023; Ord. 844, 2022; Ord. 697 § 1, 2012; Ord. 671 § 1, 2010]

2.18.050 Town of Concrete register of historic places.

(1) Criteria for Determining Designation in the Register. Any building, structure, site, or object may be designated for inclusion in the town register of historic places if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community; if it has integrity; it is at least 50 years old, or is of a lesser age and has exceptional importance; and it falls into at least one of the following categories:

(a) Is associated with events that have made a significant contribution to the broad patterns of national, state or local 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 town’s cultural, social, 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 related to history or prehistory;

(g) 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 a historic person or event;

(h) Is a birthplace or grave of a historical figure of outstanding importance and is the only surviving structure or site associated with that person;

(i) Is a cemetery that derives its primary significance from age, from distinctive design features, or from association with historic events or cultural patterns;

(j) Is a reconstructed building that has been executed in a historically accurate manner on the original site;

(k) Is a creative and unique example of folk architecture and design created by a person not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories.

(2) Process for Designating Properties to the Town Register of Historic Places.

(a) Any person may nominate a building, structure, site or object for inclusion in the town register of historic places. Properties may only be registered with the owner’s consent. Members of the historic preservation commission or the commission as a whole may generate nominations. In its designation decision, the commission shall consider the Concrete historic inventory and the town comprehensive plan.

(b) In the case of individual properties, the designation shall include the UTM reference and all features – interior and exterior – and outbuildings that contribute to its designation.

(c) The historic preservation commission shall consider the merits of the nomination, according to the criteria in subsection (1) of this section and according to the nomination review standards established in rules at a public meeting.

Adequate 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 the Concrete area and posting on the property. If the commission finds that the nominated property is eligible for the town register of historic places, and secures the owner’s consent, the commission shall make a recommendation to the Concrete town council that the property be listed in the register. The public, property owner(s) and the authors of the nomination, if different, and lessees, if any, shall be notified of the listing.

(d) Properties listed on the town register of historic places shall be recorded on official building permit records with an “HR” (for historic register) designation. This designation shall not change or modify the underlying zone classification.

(3) Removal of Properties from the Register. In the event that any property is no longer deemed appropriate for designation to the town register of historic places, the commission may initiate removal from such designation by the same procedure as provided for in establishing the designation in subsection (1) of this section. A property may be removed from the town register without the owner’s consent.

(4) Effects of Listing on the Register.

(a) Listing on the town register of historic places is an honorary designation denoting significant association with the historic, archaeological, architectural, engineering, or cultural heritage of the community. Properties are listed individually.

(b) Prior to the commencement of any repair or rehabilitation on a register property, excluding ordinary repair and maintenance and emergency measures defined in CMC 2.18.070(3)(d), 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.

(c) Prior to whole or partial demolition of a register property, the owner must request and receive a waiver of a certification of appropriateness.

(d) Once the town is certified as a certified local government (CLG), all properties listed on the town register of historic places may be eligible for a special tax valuation on their rehabilitation (see CMC 2.18.070). [Ord. 671 § 1, 2010]

2.18.060 Review of changes to the town of Concrete register of historic places.

(1) 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 town register of historic places without review by the board and without receipt of a certificate of appropriateness, or in the case of demolition, a waiver, as a result of the review.

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 board to review the proposed changes is established in rules.

(2) Exemptions. The following activities do not require a certificate of appropriateness or review by the board: ordinary repair and maintenance that include painting or emergency measures defined in CMC 2.18.030(11).

(3) Review Process.

(a) Requests for Review and Issuance of a Certification of Appropriateness or Waiver. The building official shall report any application for a permit to work on a designated town register property to the commission. The commission review will occur concurrently with the town permit review process. If the activity is not exempt from review, the commission shall notify the applicant of the review requirements. The building official shall not issue any such permit until a certificate of appropriateness or a waiver is received from the commission, but shall work with the commission in considering building and fire code requirements. Life safety codes must be maintained.

(b) Commission Review. The owner or his/her agent (architect, contractor, lessee, etc.) shall apply to the commission for a review of proposed changes on a town register property and request a certificate of appropriateness or, in the case of demolition, a waiver. Each application for review of proposed changes shall be accomplished by such information as is required by the board 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 days of the date of receipt of the application. If the commission is unable to process the request, the commission may request 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. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted if the owner agrees to the commission’s recommendations.

The commission, according to the standards established in the commission’s rules, shall award a certificate of appropriateness. The commission’s recommendations and, if awarded, the certificate of appropriateness shall be transmitted to the building or zoning official. If a certificate of appropriateness is awarded, the building or zoning official may then issue the permit.

(c) Demolition. A waiver of the certificate of appropriateness is required before a permit may be issued to allow whole or partial demolition of a designated town register property. The owner or his/her agent shall apply to the commission for a review of the proposed demolition and request a waiver. The applicant may meet with the board in an attempt to find alternatives to demolition. These negotiations may last no longer than 45 days from the initial meeting of the commission, unless either party requests an extension. If no request for an extension is made and no alternatives to demolition have been agreed to, the commission shall act and advise the official in charge of issuing a demolition permit of the approval or denial of the waiver of a certificate of appropriateness. Conditions in the case of granting a demolition permit may include allowing the commission up to 45 additional days to develop alternatives to demolition. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permit granted. After the property is demolished, the commission shall initiate removal of the property from the register.

(d) Appeal of Approval or Denial of a Waiver of a Certificate of Appropriateness. The board’s decision regarding a waiver of a certificate of appropriateness may be appealed to the town council within 10 days. The appeal must state the ground upon which the appeal is based. The appeal shall be reviewed by the town council with comments to council presented by at least one commission member and the appellant(s), in addition to all records pertaining to appeal. Owner retains the option, after council appeal, to remove property from the register. Appeal of the town council’s decision regarding a waiver of a certificate of appropriateness may be appealed to superior court. [Ord. 671 § 1, 2010]

2.18.070 Review and monitoring of properties for special property tax valuation.

(1) Time Lines.

(a) Rehabilitation work is begun and completed within two years prior to date of application for special property tax valuation.

(b) Applicant submits application to the Skagit County assessor before October 1st (if special valuation is desired for the following year).

(c) Assessor completes the review and submits the application to the commission within 10 working days.

(d) The commission approves (or denies) the application and executes agreements (for approved applications) before December 31st.

(e) The commission submits the approved application and agreement to the Skagit County assessor, recording such documents, within 10 days of the commission’s decision.

(f) Special valuation becomes effective January 1st (year one).

(g) Taxes reflect special valuation for the second through eleventh years.

(h) Special valuation ends on the tenth year.

(i) Taxes reflect revaluation of property following the end of the special valuation in the twelfth year.

(2) Procedure.

(a) The assessor forwards the application(s) to the commission.

(b) 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 CMC 2.18.050.

(i) If the commission finds the properties meet all the criteria, then, on behalf of the city, it enters into a historic preservation special valuation agreement (set forth in WAC 254-20-120) with the owner. Upon execution of the agreement between the owner and the commission, the commission approves the application(s).

(ii) If the commission determines the properties do not meet all the criteria, then it shall deny the application(s).

(iii) 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.

(iv) For approved applications, the commission:

(A) Forwards copies of the agreements, applications, and supporting documentation (as required by WAC 254-20-090(04) and identified in subsection (2)(b) of this section) 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.

(v) 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) A loss of historic value resulting from physical changes to the building or site.

(vi) 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.

(3) Criteria.

(a) Historic Property Criteria. The class of historic property eligible to apply for special valuation in the town means all properties listed on the National Register or certified as contributing to a national register historic district which have been substantially rehabilitated at a cost and within a time period (Chapter 84.26 RCW) until the town becomes a certified local government (CLG).

Once a CLG, the class of property eligible to apply for special valuation in the town means all properties listed on the town register of historic places or those properties listed in the national register of historic places, or property 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.

(b) Application Criteria. Complete applications shall consist of the following documentation:

(i) A legal description of the historic property;

(ii) Comprehensive exterior and interior photographs of the historic property before and after rehabilitation;

(iii) Architectural plans, existing architectural plans (if available) or other legible drawings depicting the completed rehabilitation work;

(iv) 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

(v) 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.

(c) Property Review Criteria. In its review the board shall determine if the properties meet all the following criteria:

(i) The property is a historic property;

(ii) The property is included within a class of historic properties determined eligible for special valuation by the town under CMC 2.18.050;

(iii) The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) and identified in CMC 2.18.030 within 24 months prior to the date of application; and

(iv) The property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying Washington State Advisory Council’s Standards for Rehabilitation and Maintenance of Historic Properties (WAC 254-20-100(1)) and listed in CMC 2.18.050.

(d) Rehabilitation and Maintenance Criteria. The Washington State Advisory Council’s Standards for Rehabilitation and Maintenance of Historic Properties, also known as the Secretary of the Interior’s Standards for Rehabilitation.

The following rehabilitation and maintenance standards shall be used by the board as minimum requirements for determining whether or not a 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:

(i) Standards of Rehabilitation for Special Valuation.

(A) Every reasonable effort shall be made to provide compatible use for a historic property that requires minimal alteration of the building, structure, or site and its environment, or to use a historic property for its original intended purpose.

(B) The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

(C) All building, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

(D) Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right and this significance shall be recognized and respected.

(E) Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site shall be treated with sensitivity.

(F) Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other building or structures.

(G) The surface cleaning of structure shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

(H) Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

(I) Contemporary design for alterations and additions to existing properties shall not be discouraged when alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.

(J) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

(ii) Maintenance Standards for Special Valuation.

(A) Buildings and structures shall not be allowed to deteriorate beyond the point where routine maintenance and repair will return them to good condition.

(B) Buildings shall be kept in a safe and habitable condition at all times. Structural defects and hazards shall be corrected. Any condition that constitutes a fire hazard shall be eliminated.

(iii) Buildings shall be protected against ongoing water damage due to defective roofing, flashing, glazing, caulking or other causes. Moisture condensation resulting from inadequate heat or ventilation shall be eliminated if present at levels sufficient to promote rot or decay of building materials.

(iv) Deteriorated exterior architectural features and any broken or missing doors and windows shall be repaired or replaced.

(v) Painted exterior surfaces shall be maintained and repainted as necessary to prevent a deteriorated appearance or damage to the substrate. Exterior masonry surfaces shall be tuck pointed where required to maintain the mortar in sound condition. Finished tuck pointing shall match the original mortar point in hardness and appearance. [Ord. 671 § 1, 2010]

2.18.080 Relationship to zoning.

Properties designated to the register shall be subject to the provisions set forth herein, as well as the bulk, use, setback and other controls of the zoning district in which they are located. Nothing contained herein shall be construed to be repealing, modifying or waiving any zoning provisions. [Ord. 671 § 1, 2010]

2.18.090 Establishment of a historic preservation and landmark commission.

(1) There is hereby established and implemented a special valuation for historic properties as provided in Chapter 84.26 RCW.

(2) The Concrete historic preservation and landmark commission is hereby designated as the “local review board” for the purposes related to Chapter 221, Laws of Washington, and is authorized to perform all functions required by Chapter 84.26 RCW and Chapter 254-20 WAC.

(3) All Concrete properties designated under authority of this chapter shall be eligible for special valuation as set forth in Chapter 84.26 RCW. [Ord. 671 § 1, 2010]