Chapter 2.96
HISTORIC RESOURCES
Sections:
2.96.050 Everett register of historic places.
2.96.060 Review of changes to historic register properties.
2.96.070 Relationship to zoning.
2.96.080 Review and monitoring of properties for special property tax valuation.
2.96.090 Third party liability.
2.96.010 Purpose.
The purpose of this chapter is to promote the public health, safety and welfare of the citizens of the city in the following areas and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter:
A. Aesthetics.
1. To enhance the visual character of the city by encouraging the preservation of its unique and established architectural traditions;
2. To promote and enhance construction and maintenance practices that will tend to promote visual quality throughout the city;
3. To recognize environmental and aesthetic design as an integral part of the planning process.
B. Economics.
1. To strengthen the economy of the city by preserving and enhancing the city’s attractions to residents, tourists and visitors;
2. To facilitate the use of state and federal tax abatement programs which encourage the restoration, rehabilitation and reuse of historic structures;
3. To stabilize and improve property values.
C. Education.
1. To foster public awareness/appreciation of and civic pride in the city and the accomplishments of its past;
2. To promote the use of landmarks for the education, prosperity and general welfare of the people.
D. Heritage.
1. To identify objects, features and sites within the city that reflect special elements of the city’s architectural, cultural, archaeological, aesthetic and historical heritage;
2. To safeguard the heritage of the city by providing for the protection and perpetuation of its landmarks;
3. To unify the community through reinforcing and imposing its historical identity. (Ord. 1355-87 § 1, 1987)
2.96.020 Short title.
The ordinance codified in this chapter shall be known and may be cited as the “historic resource ordinance of the city of Everett.” (Ord. 1355-87 § 2, 1987)
2.96.030 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. “Building” means, and a “building” is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings.
B. “Certificate of appropriateness” means the commission has reviewed the proposed changes to a register property and certified the changes as not adversely affecting the historic characteristics of the property which contribute to its designation.
C. “Certified local government” or “CLG” means the local government has been certified by the State Historic Preservation Officer as having established its own historic preservation commission and a program meeting federal and state standards.
D. “Class of properties eligible for special valuation” means properties listed on the Everett register of historic places or certified as contributing to an Everett register historic district.
E. 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.
F. “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.
G. “Everett historical commission” or “commission” means the commission created by Section 2.96.040 of this chapter.
H. “Everett register of historic places” or “register” means the local listing of properties provided for in Section 2.96.060 of this chapter. This is a list of buildings eligible for special valuation.
I. “Incentives” are such rights or privileges or combination thereof which the city 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.
J. “Integrity” means wholeness, completeness and unimpaired condition of a structure, building and district.
K. “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.
L. “Ordinary repair and maintenance” means work for which a permit issued by the city 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 including painting.
M. “Owner” of property is the fee simple owner of record as exists on the county assessor’s records.
N. “Person” shall include, but not be limited to, the following: individuals, corporations, associations and partnerships.
O. “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 in information potential. The local area can include the city, county, or western Washington, 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.
P. 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 nonexistent building or structure if the location itself possesses historic cultural or archaeological significance.
Q. “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 ten years, the actual cost of the rehabilitation (Chapter 84.26 RCW and Chapter 221, Laws of 1986).
R. “State Register of Historic Places” means the state listing of properties significant to the community, state or nation but which do not meet the criteria of the National Register.
S. 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. (Ord. 2539-01 §§ 1, 2, 2001; Ord. 1355-87 § 3, 1987)
2.96.040 Historic commission.
A. Creation and Size. The commission shall consist of nine members as provided in subsection B of this section. Members of the historical commission shall be appointed by the mayor with the approval of the council. Additionally, two individuals may be appointed by the mayor with the approval of council to serve in the capacity of alternates. Alternates shall serve in the absence of members when so asked by the commission chairperson and when serving shall have the same powers and responsibilities as duly appointed commission members.
B. Composition of the Commission.
1. All members of the commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment.
2. The commission shall always include at least three professionals 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, cultural anthropology, archaeology, cultural geography, and American studies. A commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or more of the professional positions, unless the commission action is related to meeting Certified Local Government (CLG) responsibilities cited in the certification agreement between the city and the State Historic Preservation Officer. Furthermore, exception to the residency requirement of commission members may be granted by the mayor and city council in order to obtain representatives from these disciplines.
3. In making appointments, the mayor may consider names submitted from any source, but the mayor shall notify history and city development related organizations of vacancies so that names of interested and qualified individuals may be submitted by such organizations for consideration along with names from any other source.
C. Terms. The original appointment of members to the commission shall be as follows: three for two years, three for four years, and three for six years. Thereafter, appointments shall be made for a six-year term. Vacancies shall be filled by the mayor for the unexpired term in the same manner as the original appointment.
D. Powers and Duties. The primary responsibility of the Everett historical commission is to identify and actively encourage the conservation of the city’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 city’s history and historic resources; and to serve as the city’s primary resource in matters of history and preservation.
In carrying out these responsibilities, the Everett historical commission shall engage in the following:
1. Maintain a comprehensive inventory of historic resources within the boundaries of the city known as the Everett historic resource survey; publicize and periodically update survey results. This designation shall not change or modify the underlying zone classification;
2. Initiate and maintain the Everett 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 by the city and encouragement of efforts by owners to maintain, rehabilitate and preserve properties;
3. Review nominations to the Everett register of historic places according to criteria in Section 2.96.050(A) of this chapter and adopt standards in its rules to be used to guide his review;
4. Review proposals to construct, change, alter, modify, remodel, move, demolish and significantly affect properties or districts on the register as provided in Section 2.96.060 of this chapter, and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness; and
5. 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 or adjacent properties;
6. 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;
7. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic resources;
8. Provide information to the public on methods of maintaining the rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops or similar activities;
9. 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;
10. Be informed about and provide information to the public and city departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties;
11. Submit nominations to the State and National Registers of Historic Places;
12. Investigate and report to the city council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in the city;
13. 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 Everett area;
14. Review and comment to the planning commission or hearing examiner, depending on jurisdiction, on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the city, other neighboring communities, the school districts, the county, the state or federal governments, as they relate to historic resources of the city;
15. Serve as the local review board for the purpose of approving applications for special property tax valuation per Chapter 84.26 RCW, and entering into an agreement with the property owner for the duration of the special valuation during which time the review board monitors the property for continued qualification for the special valuation per requirements of Chapter 84.26 RCW;
16. Advise the city council generally on matters of city history and historic preservation;
17. Perform other related functions assigned to the commission by the city council and mayor;
18. The commission shall adopt rules of procedure to address subsections D.3, D.4 and D.6 of this section inclusive.
E. Compensation and Expenses. All members shall serve without compensation. The historical commission is a duly created and approved commission for the purpose of reimbursement of expenses incurred in the performance of the commission’s duties pursuant to Chapter 2.76.
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 and professional staff assistance shall be provided by the city’s planning department with additional assistance to be provided by other city departments as may be necessary, especially the staff of the library Northwest Room. The planning department staff together with the staff of the library Northwest Room will be responsible for checking the historical accuracy of information for inventory and register properties, be they local, state or national. The planning department staff together with the staff of the library Northwest Room also will be consulted on historically accurate restoration/rehabilitation projects. (Ord. 2539-01 §§ 3, 4, 2001; Ord. 1956-93 §§ 1, 2, 1993; Ord. 1355-87 § 4, 1987)
2.96.050 Everett register of historic places.
A. Criteria for Determining Designation in the Everett Register. Any building, structure, site, object or district may be designated for inclusion in the Everett register if it is significantly associated with the history, architecture, archaeology, engineering or cultural heritage of the community; if it has integrity; is at least fifty 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 the broad patterns of national, state or local history;
2. 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;
3. Is an outstanding work of a designer, builder or architect who has made a substantial contribution to the art;
4. Exemplifies or reflects special elements of the city’s cultural, special, economic, political, aesthetic, engineering or architectural history;
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 cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns;
9. Is a reconstructed building that has been executed in an historically accurate manner on the original site;
10. Is a creative and unique example of old architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories.
B. Process for Designating Properties or Districts to the Everett Register.
1. Any person may nominate a building, structure, site, object or district for inclusion in the Everett register. Members of the Everett historic commission or the commission as a whole may generate nominations. In its designation decision, the commission shall consider the Everett historic resource survey and the Everett comprehensive plan.
2. In the case of individual properties, the designation shall include the complete address and all features including outbuildings which contribute to its designation.
3. In the case of Everett register district, the designation shall include description of the boundaries of the district; the characteristics of the district which justifies its designation; and a list of all properties including features, structures, sites and objects which contribute to the designation of the district.
4. The Everett historical commission shall consider the merits of the nomination, according to the criteria in subsection A of this section and according to the nomination review standards established in rules, at a public hearing. 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 hearing 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 Everett, and posting of the property. If the commission finds that the nominated property is eligible for the Everett register of historic places, the commission shall make recommendations to the city 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.
5. Properties listed on the Everett register of historic places shall be recorded on official zoning records with an “ER” (for Everett register) designation. This designation shall not change or modify the underlying zone classification.
6. Inclusion into the Everett register of historic places requires owner approval. Everett register historic districts require approval by owners of a majority of the properties in the proposed district.
7. Compliance with the Everett historic commission’s advice on proposed changes to the historic register properties is voluntary. But if the building is altered to destroy its historical and architectural significance, then the property would be taken off the register and would lose its special valuation status.
Owners of Everett register properties that have been granted special valuation must execute an historic preservation agreement with the city. This agreement covers the owner’s obligation for maintenance, repair or alteration of the historic structure. Any breach of this historic preservation agreement may result in the loss of special valuation.
C. Removal of Properties from the Register. In the event that any property is no longer deemed appropriate for designation to the Everett register of historic places, the commission may initiate removal from such designation by the same procedure as provided for in establishing the designation by the same procedure as provided for in establishing the designation, subsection B of this section.
D. Effects of Listing on the Register.
1. Listing on the Everett register of historic places is an honorary designation denoting significant association with the historic, archaeological, engineering or cultural heritage of the community.
2. Prior to the commencement of any work on a register property, excluding painting, and emergency measures defined in Section 2.96.030 of this chapter, the owner must request 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. As a certified local government (CLG), the commission may grant special tax valuation for the rehabilitation of properties listed on the Everett register of historic places.
4. Prior to whole or partial demolition of a register property, the owner must request and receive a waiver of a certificate of appropriateness. (Ord. 2539-01 § 5, 2001: Ord. 1956-93 § 3, 1993; Ord. 1355-87 § 6, 1987)
2.96.060 Review of changes to historic register 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 register or within an historic district on the register without review by the commission and without receipt of a certificate of appropriateness, or in the case of demolition of waivers 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 commission to review the proposed changes are set forth in the rules established by the commission.
B. Exemption. This section shall have no application to ordinary repair and maintenance, including painting, nor to emergency measures defined in Section 2.96.030 of this chapter.
C. Review Process.
1. Requests for Review and Issuance of a Certificate of Appropriateness or Waiver. The building official shall report any application for a permit to work on a designated Everett register property or in an Everett register historic district to the commission staff, who shall notify the applicant of the commission review requirements. The building official shall not issue any such permit but continue to process such application and work with the commission in considering building and fire code requirements. The commission shall review the proposed work to be undertaken pursuant to the permit and review the application for certificate of appropriateness or waiver prior to the building official granting a permit. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted. If conditions are not met, the certificate of appropriateness may be revoked or, in the case of a waiver involving demolition, the city may take such action it deems appropriate including issuance of stop-work orders and/or suspension of permits.
2. Commission Review. The owner or his/her agent (architect, contractor, lessee, etc.) shall apply to the commission for a review of the proposed changes to a register property or within a register historic district and request a certificate of appropriateness 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 established in its rules for the proper review of the proposed project.
3. Commission Procedures. The commission shall meet with the applicant and review the proposed work according to the requirements set forth in this chapter, and, in the case of reconstruction, alteration, restoration, remodel, repair or moving, the design review criteria established in the Washington State Advisory Council’s Standards for Rehabilitation and Maintenance of Historic Properties. The commission shall complete its review and make its recommendations within forty-five days of the date of receipt of the application. If the commission is unable to timely process the request, the commission may ask for a reasonable extension of time; provided, however, in the case of an application for a waiver of a certificate of appropriateness involving demolition, the total time period for processing the application shall not exceed that provided for in Title 15, Local Project Review Procedures. Unless legally required for a certificate of appropriateness, there shall be no notice, posting or publication requirements for action on the application. For an application involving a waiver of certificate of appropriateness involving demolition, the notice requirements shall be those set out in Title 15, Local Project Review Procedures. All actions involving applications for certificate of appropriateness or waiver of certificate of appropriateness shall be made at regular meetings of the commission. However, the commission shall have the authority to hold special meetings in accordance with the Open Public Meetings Act, Chapter 42.30 RCW. 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. The decision concerning the granting or denial of a certificate of appropriateness shall be made by the mayor (or designee) on the advice of the commission according to the standards established in the commission’s rules. Once a decision is rendered, it shall be transmitted to the building official. The building official may then issue the permit provided the proposed work meets all other appropriate regulations.
4. 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 Everett register property or property within an Everett register historic district. An application for a waiver of certificate of appropriateness involving demolition shall be processed in accordance with review process as set forth in Title 15, Local Project Review Procedures. The owner or his/her agent shall apply to the commission for a review of the proposed demolition and request a waiver. The applicant shall meet with the commission to discuss possible alternatives to demolition. When there is no alternative to demolition, the applicant is required to demonstrate how the new project mitigates the loss of the historic property. This is not meant to be encouragement to demolition. But when there is no alternative to demolition, then either the significant historic character defining features should be saved and incorporated as part of the new design, or the new design should, in some measure, preserve or recognize the historic character or significance of the property as provided herein or provide reasonable mitigation. These discussions may last no longer than forty-five days from the initial meeting of the commission. If the commission is unable to timely process the request, the commission may ask for a reasonable extension of time; provided, however, the total time period for processing the application shall not exceed that provided for in Title 15, Local Project Review Procedures. At the conclusion of the discussion, the commission shall make a recommendation to the city council. The commission may recommend that: (a) the waiver be granted; (b) the waiver be granted with conditions; or (c) the waiver be denied. In addition, the commission may recommend that the property be removed from the register upon demolition. Conditions, in the case of a recommendation waiving a certificate of appropriateness involving demolition, may include a recommendation that the owner provide reasonable mitigation for the loss of the Everett register property. Reasonable mitigation for the loss may include: (1) demolition saving significant facade features and incorporating them into the design of the structure; (2) demolition incorporating identified character defining features into the design of the new structure; or (3) such other alternatives found acceptable to the historical commission or the city council. Further, any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted.
5. Waiver of a Certificate of Appropriateness. The commission’s decision regarding a waiver of a certificate of appropriateness for demolition constitutes a recommendation to the city council. The recommendation shall be reviewed by the council on the record of the commission together with public comment. The council may accept the commission’s recommendation, modify the recommendation, reverse the recommendation or take such other action as it deems appropriate. The city council’s decision will be transmitted to the building official. Appeal of council’s decision regarding a waiver of a certificate of appropriateness and/or removal from the register shall be in accordance with the appeal provisions set forth in Title 15, Local Project Review Procedures. (Ord. 2539-01 § 6, 2001: Ord. 1355-87 § 6, 1987)
2.96.070 Relationship to zoning.
Properties designated to the register shall be subject to the provisions set forth herein, as well as the State Environmental Protection Act, 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. 1355-87 § 7, 1987)
2.96.080 Review and monitoring of properties for special property tax valuation.
A. The class of properties eligible for special valuation shall be limited to properties listed on the Everett register of historic places or properties identified as contributing to an Everett register historic district.
B. Applications for special property tax valuation in connection with substantial improvement of historic properties as defined in Chapter 84.26 RCW, shall be submitted to the commission by the county assessor within ten days of filing.
C. The commission shall approve applications for special valuation if the property meets the criteria of Chapter 84.26 RCW and is not altered in a way which adversely affects those elements which contribute to its designation and the owner(s) enters into an agreement with the commission which requires the owner(s) for the ten-year period of classification to:
1. Monitor the property for its continued qualification for special valuation;
2. Comply with rehabilitation plans and minimum standards of maintenance as defined in the agreement;
3. Make the historic aspects of the property accessible to public view one day a year, if the property is not visible from the public right of way;
4. Apply to the commission for approval or denial of any demolition or alteration; and
5. Comply with all other provisions in the original agreement.
D. Once an agreement between an owner and the commission has become effective pursuant to Chapter 84.26 RCW and Chapter 221, Laws of 1986, there shall be no changes in standards of maintenance, public access, alteration or report requirements, or any other provisions of the agreement, during the period of the classification without the approval of all parties to the agreement.
E. An application for classification as an eligible historic property shall be approved or denied by the commission before December 31st of the calendar year in which the application is made.
F. The commission shall notify the county assessor and the applicant of the approval or denial of the application.
G. If the commission determines that the property qualifies as an eligible historic property, the commission shall certify the fact in writing and shall file a copy of the certificate with the county assessor within ten days of the determination and no later than December 31st. The certificate shall state the facts upon which the approval is based.
H. Any decision of the commission acting as the local review board on any application for classification as historic property, eligible for special valuation, may be appealed to superior court under RCW 34.04.130 in addition to any other remedy of law. Any decision on the disqualification of historic property eligible for special valuation may be appealed to the county board of equalization. (Ord. 2539-01 § 7, 2001; Ord. 1355-87 § 8, 1987)
2.96.090 Third party liability.
A. It is the specific intent of this chapter that no provision nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
B. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of an applicant/licensee to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 1355-87 § 11, 1987)