Chapter 18.50
HISTORIC PRESERVATION
Sections:
18.50.040 Historic preservation commission.
18.50.050 City of Oak Harbor register of historic places.
18.50.060 Review of changes to the city of Oak Harbor register of historic places properties.
18.50.070 Review and monitoring of properties for special property tax valuation.
18.50.010 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 the city of Oak Harbor (hereinafter city) and preserve and rehabilitate eligible historic properties within the city 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 city as represented by those buildings, districts, objects, sites and structures which reflect significant elements of the city’s history;
(2) Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on the city’s history;
(3) Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects;
(4) Assist, encourage and provide incentives 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. 1885 § 1, 2019; Ord. 1822 § 1, 2018).
18.50.020 Short title.
This chapter shall be known as the “historic preservation ordinance.” (Ord. 1885 § 1, 2019; Ord. 1822 § 1, 2018).
18.50.030 Definitions.
The following words and terms when used in this chapter shall mean as follows, unless a different meaning clearly appears from the context:
(1) “City of Oak Harbor historic inventory” or “inventory” means the comprehensive inventory of historic and prehistoric resources within the boundaries of the city of Oak Harbor.
(2) “City of Oak Harbor historic preservation commission” or “commission” means the commission created by OHMC 18.50.040.
(3) “City of Oak Harbor register of historic places,” “local register,” or “register” means the listing of locally designated properties provided for in OHMC 18.50.050.
(4) “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:
(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.
(5) A “building” is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings.
(6) “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.
(7) “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.
(8) “Class of properties eligible to apply for special valuation in the city of Oak Harbor” 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 meet the requirements set forth in Chapter 84.26 RCW, until the city becomes a certified local government (CLG). Once a CLG, the class of properties eligible to apply for special valuation in the city of Oak Harbor means only properties listed on the city of Oak Harbor register of historic places or properties certified as contributing to the city of Oak Harbor register historic district 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) 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.
(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 Oak Harbor 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.
(14) “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 OHMC 18.50.040.
(15) “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.
(16) 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.
(17) “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 are 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.
(18) “Owner” of property is the fee simple owner of record as exists on the Island County assessor’s records.
(19) “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 or prehistory 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 of Oak Harbor, Island County, or northwest 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.
(20) 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.
(21) “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).
(22) “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.
(23) 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.
(24) “Universal Transverse Mercator” or “UTM” means the grid zone in metric measurement providing for an exact point of numerical reference.
(25) “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.
(26) “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 city of Oak Harbor historic preservation commission 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. 1885 § 1, 2019; Ord. 1822 § 1, 2018).
18.50.040 Historic preservation commission.
(1) Creation. There is hereby created a historic preservation commission to serve as an advisory body to the mayor and Oak Harbor city council.
(2) Powers and Duties. The historic preservation commission shall:
(a) Identify and actively encourage the conservation of the city 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 source in matters of history, historic planning, and preservation;
(b) Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the city and known as the city of Oak Harbor historic inventory and publicize and periodically update inventory results. Properties listed on the inventory shall be recorded on the official zoning map with an “HI” (for historic inventory designation). This designation shall not change or modify the underlying zone classification;
(c) Initiate and maintain the city of Oak Harbor 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 city and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties;
(d) Review nominations to the city of Oak Harbor register of historic places according to criteria in OHMC 18.50.050(1) and adopt standards in its rules to be used to guide this review;
(e) Review proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect properties or districts on the register as provided in OHMC 18.50.050(1); and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver;
(f) Provide for the review either by the commission or staff of all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic resources or adjacent properties;
(g) 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;
(h) Participate in, promote, and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources;
(i) Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education, within Whidbey Island;
(j) Review and comment to the city council 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, Island County, or the state or federal governments, as they relate to historic resources of the city;
(k) Advise the city council and the mayor generally on matters of city history and historic preservation;
(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 city departments on incentives for preservation of historic resources, including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties;
(o) Review nominations to the State and National Registers of Historic Places;
(p) 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;
(q) Serve as the local review board for special valuation and:
(i) Make determinations 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) Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254-20-070(2);
(iv) 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; and
(r) Adopt rules of procedure to address items in subsections (2)(d), (e), (g), and (q) of this section, inclusive.
(3) Membership – Appointments, Attendance, Vacancies, and Officers. The historic preservation commission shall follow the membership requirements in Chapter 2.65 OHMC. The following items are specific to the historic preservation commission:
(a) Appointments. In appointing members and filling vacancies, the mayor and council should endeavor to obtain a diverse cross-section and appoint members having an interest in the city of Oak Harbor and historic preservation.
(i) Historic preservation commission members shall be appointed, and terms of office shall be as provided in Chapter 2.65 OHMC.
(ii) The historic preservation commission consists of seven members appointed by the mayor and confirmed by the city council.
(A) All members must have a demonstrated interest and competence in historic preservation and the ability to provide impartial decisions.
(B) The commission shall include at least two professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture, or related disciplines. The historic preservation 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 historic preservation commission action is related to meeting certified local government (CLG) responsibilities cited in the certification agreement between the mayor and the state historic preservation officer on behalf of the state. Furthermore, exception to the residency requirement of historic preservation commission members may be granted by the mayor and city council in order to obtain representatives from these disciplines.
(iii) There shall be one ex officio councilmember appointed to the historic preservation commission. This will be a nonvoting position and their attendance does not count towards a quorum.
(iv) There may be one student representative from the local high school. This will be a nonvoting position and their attendance does not count towards a quorum.
(b) Vacancies. In making appointments, the mayor may consider names submitted from any source, but the mayor shall notify city of Oak Harbor and Island County history-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.
(4) Meetings.
(a) Meeting Schedule. In January of each year, the Oak Harbor historic preservation commission shall establish its meeting schedule and set the time and location for each meeting. Any changes must be added to a meeting agenda and approved by a majority of historic preservation commission members. Special meetings of the historic preservation commission may be called at any time by the chairperson or by a quorum of the members of the historic preservation commission upon personal notice being given to all members of the historic preservation commission. If personal notice cannot be given, written notice must be received by such members at least 24 hours prior to said meeting.
(b) Meeting agenda – Notice. The historic preservation commission agenda and meeting notice shall be sent to historic preservation commission members and posted as required 24 hours prior to said meeting.
(c) Quorum. A quorum for the transaction of official business shall consist of a majority of the appointed members of the commission. If a quorum is not present within 15 minutes of the meeting time, the chairperson needs to call the meeting to order, indicate there is no quorum, and close the meeting. Ex officio members are nonvoting and do not count towards a quorum.
(5) Conflict of Interest. Historic preservation commission members shall recuse themselves from discussing and voting on contracts in which that member or a member of that person’s immediate family has a direct or remote financial interest. The definitions of contracts, financial interests, remote interests, and direct interests are set forth in RCW 42.23.020 and 42.23.030 and commissioners are encouraged to contact the city attorney in advance of the deliberation or vote on a contract in which the commissioner may have a financial interest for a recommendation regarding how to proceed. (Ord. 1986 § 2, 2023).
18.50.050 City of Oak Harbor register of historic places.
(1) Criteria for Determining Designation in the Register. Any building, structure, site, object, or district may be designated for inclusion in the city of Oak Harbor 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; is at least 50 years old, or is of lesser age and has exceptional importance; and if 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 city’s cultural, special, 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 which 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 persons 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 or Districts to the Oak Harbor Register of Historic Places.
(a) Any person may nominate a building, structure, site, object, or district for inclusion in the Oak Harbor register of historic places with the consent of the property owner. Members of the city of Oak Harbor historic preservation commission or the commission as a whole may generate nominations. In its designation decision, the commission shall consider the city of Oak Harbor historic inventory and the city of Oak Harbor 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) In the case of districts, the designation shall include 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.
(d) The city of Oak Harbor 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 city of Oak Harbor, and any other form of notification deemed appropriate by the city. If the commission finds that the nominated property is eligible for the city of Oak Harbor register of historic places, the commission shall list the property in the register with the owner’s consent. In the case of historic districts, if the commission finds that the nominated properties are eligible for the city of Oak Harbor register of historic places, the commission shall make a recommendation to the city council that the properties be listed in the register with a simple majority of property owners to be adequate for owner consent. Owner consent and notification procedures in the case of districts shall be further defined in rules. The public, property owner(s) and the authors of the nomination, if different, and lessees, if any, shall be notified of the listing.
(e) Properties listed on the city of Oak Harbor register of historic places shall be recorded on official zoning records with an “HR” (for historic register) designation. Prior to receiving an HR designation, the property owner will be briefed on what attributes contributed to the designation of the building and how the designation affects building modifications. This designation shall not change or modify the underlying zone classification.
(3) Removal of Properties from the Register.
(a) In the event that any property is no longer deemed appropriate for designation to the city of Oak Harbor register of historic places, the commission may initiate removal from such designation by the same procedure as provided for establishing the designation, subsection (2) of this section. However, a property may be removed from the city of Oak Harbor register of historic places without the owner’s consent.
(b) Additionally, and except to the extent that a property is subject to a historic preservation special valuation agreement entered into under the authority of this chapter and applicable state law, the property owner(s) of record (as indicated by the records of the Island County auditor) of a property listed on the city of Oak Harbor register of historic places may make a written request to have said property removed from the register. The written request must be signed by said property owner(s) and notarized. Upon receipt of such a properly notarized written request, the commission shall immediately remove the property from the register.
(4) Effects of Listing on the Register.
(a) Listing on the city of Oak Harbor 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 a historic district.
(b) Prior to the commencement of any work on a register property, excluding ordinary repair and maintenance and emergency measures defined in OHMC 18.50.030(11), 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 certificate of appropriateness.
(d) Once the city is certified as a certified local government (CLG), all properties listed on the city of Oak Harbor register of historic places may be eligible for special tax valuation on their rehabilitation (OHMC 18.50.070). (Ord. 1885 § 1, 2019; Ord. 1822 § 1, 2018).
18.50.060 Review of changes to the city of Oak Harbor register of historic places properties.
(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 city of Oak Harbor register of historic places or within a historic district on the city of Oak Harbor register without review by the commission 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 commission 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 commission: ordinary repair and maintenance, which includes painting, or emergency measures defined in OHMC 18.50.030(11).
(3) Review Process.
(a) Requests for Review and Issuance of a Certificate of Appropriateness or Waiver. The director shall report any application for a permit to work on a designated city of Oak Harbor register of historic places property or in a city of Oak Harbor historic district to the commission. If the activity is not exempt from review, the commission or professional staff shall notify the applicant of the review requirements. The building or zoning 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.
(b) Commission Review. To achieve the comprehensive plan and historic preservation goals and to safeguard the heritage of Oak Harbor, a two-part evaluation system shall be followed:
(i) The identification of those materials, features, and combinations of features that give significance to property(ies) or districts on the Oak Harbor register of historic places.
(ii) Assessing the potential impact or effect of rehabilitation work necessary for efficient contemporary utilization of the property.
The historic character of a property or district is defined by many features: materials, style, method of construction, composition and decorative feature, the presence of architectural metals, window number, arrangement and styles (fenestration), entrances and porches, storefronts on commercial buildings, internal arrangements and detailing, and the historic relationship between buildings, landscape features and open space, as well as many other materials and features, can all contribute to a property’s character.
After identifying distinguishing historic characteristics of the property subject to the design review process, retention and preservation of those features and materials are the primary goals of the design review effort.
This is accomplished through the review process individually for each property. Preferred approaches to the treatment of the properties by the Secretary of the Interior are common to each property. These are, in descending order of preference: (A) protecting and maintaining, (B) repairing, (C) replacing in kind, (D) design for missing features, and (E) alterations and additions to historic buildings. The guidelines for the above are listed in the “rules and procedures” adopted herewith.
WAC 254-20-100 provides guidance for the rehabilitation and maintenance of historic properties. The WAC states that the following review standards shall be used by local review boards 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:
(iii) Rehabilitation.
(A) Every reasonable effort shall be made to provide a compatible use for a historic property which requires minimal alterations of the building, structure, or site and its environment, or to use a historic property for its originally intended purpose.
(B) The distinguishing original qualities or character of the 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 buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historic basis and which seek to create an earlier appearance shall be discouraged.
(D) Changes which may have taken place in the course of time are evidence of the history and development of the 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 which 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 that 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 historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(G) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building material 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) 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.
(iv) Maintenance.
(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 which constitutes a fire hazard shall be eliminated.
(C) Buildings shall be protected from ongoing water damage due to defective roofing, flashing, glazing, caulking, and 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.
(D) Deteriorated exterior architectural features and any broken or missing doors and windows shall be repaired or replaced.
(E) 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 joints in hardness and appearance.
(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 city of Oak Harbor register of historic places property or in a city of Oak Harbor historic district. 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 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 either party requests an extension. If no request for an extension is made and no alternative to demolition has 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 calendar days to develop alternatives to demolition. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits 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 commission’s decision regarding a waiver of a certificate of appropriateness may be appealed to the city council within 30 days. The appeal must state the grounds upon which the appeal is based.
The appeal shall be reviewed by the city council only on the records of the commission. Appeal of city council’s decision regarding a waiver of a certificate of appropriateness may be appealed to Island County Superior Court. (Ord. 1885 § 1, 2019; Ord. 1822 § 1, 2018).
18.50.070 Review and monitoring of properties for special property tax valuation.
(1) Timelines.
(a) Applications are forwarded to the commission by the assessor within 10 calendar days of filing.
(b) Applications shall be reviewed by the commission before December 31st of the calendar year in which the application is made.
(c) Commission decisions regarding the applications shall be certified in writing and filed with the assessor within 10 calendar days of issuance.
(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 OHMC 18.50.050(1).
(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 and in subsection (4) of this section) with the owner. Upon execution of the agreement between the owner and 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).
(c) 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.
(d) For approved applications the commission:
(i) Forwards copies of the agreements, applications, and supporting documentation (as required by WAC 254-20-090(4) and identified in subsection (3)(b) of this section) to the assessor;
(ii) Notifies the state review board that the properties have been approved for special valuation; and
(iii) Monitors the properties for continued compliance with the agreements throughout the 10-year special valuation period.
(e) The commission determines, in a manner consistent with its rules of procedure, whether or not properties are disqualified from special valuation either because of:
(i) The owner’s failure to comply with the terms of the agreement; or
(ii) Because of a loss of historic value resulting from physical changes to the building or site.
(f) 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 city of Oak Harbor 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 meet the requirements set forth in Chapter 84.26 RCW, until the city becomes a certified local government (CLG). Once a CLG, the class of property eligible to apply for special valuation in the city of Oak Harbor means all properties listed on the city of Oak Harbor register of historic places and National Register of Historic Places or properties certified as contributing to a city of Oak Harbor or National Register historic district which have been substantially rehabilitated at a cost and within a time period which meet 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 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 commission shall determine if the properties meet all the following criteria:
(i) The property is historic property;
(ii) The property is included within a class of historic property determined eligible for special valuation by the city under subsection (3)(a) of this section;
(iii) The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) (and identified in this section) 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 the Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties (WAC 254-20-100(1) and listed in OHMC 18.50.050(1)).
(d) 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 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.
(4) 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).
(5) Appeals. Any decision of the commission acting on any application for classification as historic property, eligible for special valuation, may be appealed to Island County Superior Court under RCW 34.05.510 through 34.05.598 in addition to any other remedy of law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the county board of equalization. (Ord. 1885 § 1, 2019; Ord. 1822 § 1, 2018).