Chapter 16.24
BUILDINGS AND CONSTRUCTION
Subchapters
16.24.100 Building Permits
16.24.200 Building Code
16.24.300 House, Building, and Other Property Numbering
16.24.400 Pomeroy Historic Preservation
Subchapter 116.24.100
Building Permits
Sections:
16.24.115 Issuance of building permits and certificates of occupancy.
16.24.120 Building permit – When required – Application requirements.
16.24.125 Building permit – Application basic requirements.
16.24.135 Building permit – Application fee.
16.24.140 Building permit – Time limits – Expiration.
16.24.145 Certificate of occupancy – When required.
16.24.150 Certificate of occupancy – Application.
16.24.155 Office and duties of building inspector.
16.24.160 Complaints and violations.
16.24.165 Violation – Penalties.
16.24.110 Generally.
The administration and enforcement of the provisions established in this title shall be in accordance with the procedures set forth in this chapter. (Ord. 490 §56 (part), 1963).
16.24.115 Issuance of building permits and certificates of occupancy.
It is hereby established that only the city building official or his designee shall issue building permits and certificates of occupancy. (Ord. 803 §1, 2004; Ord. 490 §56 (a), 1963).
16.24.120 Building permit – When required – Application requirements.
A. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Any owner or authorized agent who intends to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by the codes in this chapter, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.
B. Permits shall not be required for work and repairs listed in the International Building Code Section 105.2.
C. A valid and fully complete building permit application for a structure, that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect at the time of application, and the zoning or other land use control ordinances in effect on the date of application. (Ord. 892, 2017; Ord. 803 §2, 2004; Ord. 490 §56 (b), 1963).
16.24.125 Building permit – Application basic requirements.
To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the building official for that purpose. Such application shall:
A. Identify and describe the work to be covered by the permit for which application is made.
B. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
C. State the valuation of the proposed work.
D. Indicate the use and occupancy for which the proposed work is intended.
E. Be accompanied by construction documents and other information as required in the International Building Code Section 106. The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with applicable codes.
F. Be signed by the applicant or the applicant’s authorized agent.
G. Give other data and information as required by the building official. (Ord. 803 §3, 2004).
16.24.130 Building permit – Application further requirements when construction costs more than five thousand dollars.
A. For any construction project costing more than five thousand dollars the application shall include, at a minimum, the following information:
1. The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, and the street address if available, and may include any other identification of the construction site by the prime contractor;
2. The property owner’s name, address, and phone number;
3. The prime contractor’s business name, address, phone number, current state contractor registration number; and
4. Either:
a. The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or
b. The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than fifty percent of the total amount of the construction project.
B. The information required on the building permit application by subsection (A)(1) through (4) of this section shall be set forth on the building permit document which is issued to the owner, and on the inspection record card which shall be posted at the construction site.
C. The information required by subsection (A) of this section and information supplied by the applicant after the permit is issued under subsection (D) of this section shall be kept on record in the office where building permits are issued and made available to any person on request. If a copy is requested, a reasonable charge may be made.
D. If any of the information required by subsection (A)(3) of this section is not available at the time the application is submitted, the applicant shall so state and the application shall be processed forthwith and the permit issued as if the information had been supplied, and the lack of the information shall not cause the application to be deemed incomplete for the purposes of vesting under PMC 16.24.120(C). However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information. (Ord. 803 §4, 2004).
16.24.135 Building permit – Application fee.
Every application for a building permit shall be accompanied by a fee as provided for by PMC 14.04.020(C). (Ord. 803 §5, 2003; Ord. 490 §56 (c), 1963).
16.24.140 Building permit – Time limits – Expiration.
A. An application shall be deemed to have been abandoned one hundred eighty days after the date of filing, unless such application has been pursued in good faith or a permit has been issued. The building official is authorized to grant one or more extensions of time for additional periods not exceeding ninety days each. The extension must be requested in writing and justifiable cause demonstrated.
B. Every permit issued shall become invalid unless he work on the site authorized by such permit is commenced with in one hundred eighty days after its issuance, or if the work authorized by the permit is suspended or abandoned for a period of one hundred eighty days after the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more that one hundred eighty days each. The extension shall be requested in writing and justifiable cause demonstrated. (Ord. 803 §6, 2004; Ord. 490 §56 (b), 1963).
16.24.145 Certificate of occupancy – When required.
A certificate of occupancy shall be obtained from the building inspector for any of the following;
A. Occupancy and use of a building hereafter erected, structurally altered or moved;
B. Changes in use of an existing building, except to another of the same type;
C. Occupancy and use of vacant land, except for any use consisting primarily of tilling the soil;
D. Change in the use of the land, except to another use of the same type and except for any use consisting primarily of tilling the soil;
E. Any change in the use of a nonconformer as to use and as to bulk;
F. The establishment of a use on vacant land or upon or in a vacant building; or
G. Establishment of any use of a building or of land for which a special permit is required under the jurisdiction of the planning commission. (Ord. 490 §56 (e), 1963).
16.24.150 Certificate of occupancy – Application.
Every application for an occupancy permit shall contain the information required on an application for a building permit, or may make reference to the information contained on a building permit issued in advance of an occupancy permit. (Ord. 490 §56 (f), 1963).
16.24.155 Office and duties of building inspector.
The office of the building inspector is established. The building inspector shall be appointed by the mayor with the approval of the city council. It shall be the building inspector’s duty to enforce the provisions of this title. The building inspector, in compliance with the provisions of PMC 1.08.010, shall have the right to enter any building or enter upon any land during the day time, in the course of his duties. He shall maintain in his office in City Hall files of all applications for building permits and plans submitted and files relating to applications and the issuance of certificates of occupancy and records of all building permits and their respective applications; and such files shall be open to public inspection. (Ord. 490 §56 (g), 1963).
16.24.160 Complaints and violations.
The building inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this title, and such action taken by him on each complaint. He shall report to the mayor periodically, at the mayor’s convenience, summarizing the work of the building inspector, the number of building permits and occupancy permits issued, and the number of investigations made, and administrative actions taken regarding complaints and violations. (Ord. 490 §56 (h), 1963).
16.24.165 Violation – Penalties.
It is unlawful for any person to build, erect, construct, alter rebuild, renovate, enlarge, expand, activate, operate or maintain any building, structure or use within the city in violation of the provisions of this title. Any person so violating this title shall severally for each and every such violation or noncompliance, be guilty of a misdemeanor, subject to penalty as set forth in Chapter 1.12 PMC, as now exits or as may be hereafter amended. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. When not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate misdemeanor offense. (Ord. 803 §7, 2004; Ord. 490 §57, 1963).
Subchapter 116.24.200
Building Code
Sections:
16.24.215 State Building Code adopted.
16.24.220 Uniform codes adopted.
16.24.235 Enforcement authority.
16.24.240 Board of appeals – Appeals.
16.24.245 Compliance required.
16.24.250 Violation – Penalty.
16.24.255 Copies of uniform codes for public use.
16.24.260 Manufactured homes – Lot eligible.
Prior legislation: Ord. 681.
16.24.210 Short title.
This chapter shall be known as the building code of the city. (Ord. 570 §1, 1975).
16.24.215 State Building Code adopted.
A. The State Building Code, codified as RCW 19.27, is adopted by reference.
B. Future amendments to the Building Code Act by the Washington State Legislature are adopted by reference without the necessity of amending city ordinances.
C. Building Permit and Plan Review fees shall be as established from time to time by city of Pomeroy resolution. (Ord. 802 §1, 2004; Ord. 774 §1, 2000; Ord. 652, 1986; Ord. 630 §1, 1983; Ord. 570 §2, 1975).
16.24.220 Uniform codes adopted.
The current editions of the following codes, copies of which are on file with the city clerk for public inspection, are adopted by this reference as if fully set forth subject to any deletions, modifications, or amendments set forth in this chapter and if applicable, including any additions, deletions and exceptions as set forth in WAC Title 51, as the same now exists or may be hereafter amended:
A. The current edition of the International Building Code, including appendices I and J, published by the International Code Council, Inc. as adopted by the State Building Code Council as set forth in Title 51, WAC. To the extent other provisions of the city Municipal Code currently refer to the Uniform Building Code, all such references shall hereafter be interpreted as references to the International Building Code as adopted in this section.
B. Except as provided in RCW 19.27.031, the current edition of the International Fire Code, including those standards of the National Fire Protection Association specifically referenced in the International Fire Code, as published by the International Code Council, Inc., and including all additions, deletions, and exceptions as set forth in Title 51 WAC, as the same now exists or may be hereafter amended, is hereby adopted by this reference and incorporated herein as if fully set forth as the fire code for the city of Pomeroy, except such portions as may be deleted, modified, or amended by ordinance.
C. Except as provided in RCW 19.27.031, the current edition of the International Mechanical Code, including all appendices, published by the International Code Council, as adopted by the State Building Code Council and as set forth in Title 51, WAC.
D. Except as provided in RCW 19.27.031 and RCW 19.27.170, the current editions of the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials and including all additions, deletions and exceptions as set forth in Title 51 WAC, as the same exists now or may hereafter be amended are adopted by this reference as if fully set forth as the Plumbing Code for the city of Pomeroy, except such portions as may be deleted, modified, or amended by ordinance.
E. The most current edition of the Uniform Code for the Abatement of Dangerous Buildings, as published by the International Conference of Building Officials.
F. The most current edition of the Uniform Sign Code, as published by the International Conference of Building Officials.
G. The Washington State Energy Code, as set forth in Chapter 51-11 WAC.
H. The Washington State Indoor Air Quality Code, as set forth in Title 51 WAC.
I. The International Residential Code, including all appendices, as published by the International Code Council, Inc., and including all additions, deletions and exceptions as set forth in Title 51 WAC.
Appendix H, Signs, of the International Building Code, as is or amended in the future is adopted; except Section H101.2 (1), (2), and (4), which are not adopted. (Ord. 815 §3, 2005; Ord. 802 §2, 2004; Ord. 774 §2, 2000).
16.24.230 Conflicts.
In the case of a conflict between the Codes adopted by reference by the city in Chapter 16.24 Pomeroy Municipal Code, the first of the following named codes shall govern over those following:
1. Building Code
2. Residential Code
3. Mechanical Code
4. Fire Code
5. Plumbing Code (Ord. 802 §3, 2004).
16.24.235 Enforcement authority.
A. The Codes adopted by this chapter, with the exception of the Fire Code, shall be administered and enforced by the city Building Inspector or his or her designee.
B. The city fire chief or his or her designee shall administer and enforce the Fire Code. (Ord. 802 §5, 2004; Ord. 774 §3, 2000; Ord. 570 §3, 1975).
16.24.240 Board of appeals – Appeals.
A. Appeals of a decision of an building inspector or fire chief shall be filed with the city clerk within fourteen calendar days of the issuance of the decision appealed and shall be processed pursuant to the provisions of Chapter 16.06 PMC applicable to administrative appeals, as the same exists now or may hereafter be amended.
B. The board of appeals required by any code listed in PMC 16.24.220 shall consist of the city council. The city council shall hear and make final decisions on appeals from the decisions of the building official pursuant to the applicable code listed in PMC 16.24.220.
C. Appeals of a decision of the city council shall be judicial appeals to the Garfield County Superior Court and must be filed in the superior court and served on the city clerk within twenty-one days after the date of issuance of the notice of final decision of the city council, pursuant to the applicable provisions of Chapter 16.06 PMC and Chapter 36.70C RCW as the same exists now or may hereafter be amended. (Ord. 802 §6, 2004; Ord. 774 §5, 2000).
16.24.245 Compliance required.
It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter. (Ord. 570 §7, 1975).
16.24.250 Violation – Penalty.
A. Notwithstanding any provisions to the contrary set forth in any of the Codes adopted pursuant to this chapter, any person firm or corporation who shall violate any of the provisions of this chapter or who shall fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Appeals, or by a court of competent jurisdiction, within the time fixed by the provisions of this chapter, shall severally for each and every such violation or noncompliance, be guilty of a misdemeanor, subject to penalty as set forth in Chapter 1.12 PMC, as now exits or as may be hereafter amended. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. When not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate misdemeanor offense.
B. The instigation of misdemeanor proceedings in accordance with subsection (A) of this section shall not prevent the city from exercising all available civil remedies to force removal of prohibited conditions or compliance with this chapter. (Ord. 802 §8, 2004; Ord. 774 §9, 2000; Ord. 570 §8, 1975).
16.24.255 Copies of uniform codes for public use.
The city clerk/treasurer is hereby directed to maintain at all times one copy of each of the codes, appendices, and Title 51 WAC, adopted by this ordinance, for public inspection and use during business hours. (Ord. 774 §10, 2000).
16.24.260 Manufactured homes – Lot eligible.
Installation of a lot eligible manufactured home on a lot is permitted for those persons intending to establish a permanent installation. Persons wishing to have a lot eligible manufactured home installed on a lot must meet the following conditions/regulations.
A. Size and construction as specified in the definition of a lot eligible manufactured home.
B. Installation by qualified installer following the law and regulations in Chapter 43.63B RCW and WAC 296-150B.
C. Floor elevation to meet city flood plain regulations if the installation is in a flood zone.
D. Anchoring is required. Anchoring shall follow those requirements found in WAC 296-150B-250 as a minimum. If the home is located in a flood zone, anchoring shall follow current Federal Emergency Management Agency (FEMA) requirements as found in “FEMA 85-Manufactured Home Installation in Flood Areas” or any subsequent revision or replacement document.
E. Utility connections (sewer, water, power) shall be of a permanent type, following current state adopted plumbing codes and electrical codes for permanent residences.
F. Stairs, porch, or decks shall meet current International Building Code and International Residential Code requirements.
G. House numbering shall be as required by PMC 16.24.300.
H. The home shall meet all other requirements of a permanent residence in the zone installed in, including setbacks and off-street parking. (Ord. 802 §9, 2004; Ord. 747 §3, 1997).
Subchapter 116.24.300
House, Building, and Other Property Numbering
Sections:
16.24.060 Buildings on streets running east and west.
16.24.320 Buildings on streets running north and south.
16.24.325 Numbering system established.
16.24.330 House numbering when there are no intervening streets.
16.24.335 Conformity with system required – Time limit.
16.24.345 Numeral standards and visibility – Requirement to conform.
16.24.350 Initial conformity with system.
16.24.355 Violation – Penalty.
Prior legislation: Ord. 450.
16.24.310 Street numbering.
The streets running north and south in the city shall be numbered numerically, commencing with First Street being the first street east of the eastern boundary of Township 11N., Range 42E., W. M. of the city and commencing thence east to the east boundary of the city. Those streets on the east side of the township boundary shall be numbered numerically, commencing with First Street being the first street east of the township line and running thence east to the east boundary of the city; except, streets platted with non-numbered names shall retain those names. (Ord. 745 §1 (part), 1997).
16.24.060 Buildings on streets running east and west.
A. East Side of Town. The houses and/or non-auxiliary buildings on the streets running east and west in the city on the east side of the township line shall be numbered numerically, commencing with the township line. The houses and/or non-auxiliary buildings in the first block shall be numbered 0 to 99, the second block (between First Street and Second Street) 100 to 199, increasing an additional 100 for each block. The houses and/or non-auxiliary buildings on the right hand side of the streets proceeding east shall be given even numbers and the houses and/or non-auxiliary buildings on the left side of the streets proceeding east shall be given odd numbers.
B. West Side of Town. The houses and buildings on the streets running east and west in the city on the west side of the township line shall be numbered numerically, commencing with the township line. The houses and/or non-auxiliary buildings in the first block shall be numbered 0 to 99, the second block 100 to 199, increasing an additional 100 for each block. The numbers will be followed by the letter W. The houses and/or non-auxiliary buildings on the right hand side of the streets proceeding west shall be given even numbers and the houses and/or non-auxiliary buildings on the left side of the streets proceeding west shall be given odd numbers. (Ord. 745 §1 (part), 1997).
16.24.320 Buildings on streets running north and south.
A. South side of Main Street. The houses and/or non-auxiliary buildings on the streets running north and south in the city shall be numbered as follows: the houses and/or non-auxiliary buildings on the south side of Main Street shall be numbered as follows: in the first block from 0 to 99, in the second block from 100 to 199, etc., increasing an additional 100 for each block. The numbers on the houses and/or non-auxiliary buildings shall be followed by the letter S. The houses and/or non-auxiliary buildings on the right hand side of the streets proceeding south shall be given even numbers and the houses and/or non-auxiliary buildings on the left side of the streets proceeding south shall be given odd numbers.
B. North side of Main Street. The houses and/or non-auxiliary buildings on the streets on the north side of Main Street running north and south shall be numbered as follows: in the first block commencing at Main Street the houses and/or non-auxiliary buildings shall be numbered 0 to 99, the second block 100 to 199, etc., increasing an additional 100 for each block, and the numbers on the houses and buildings shall be followed by the letter N. The houses and/or non-auxiliary buildings on the right hand side of the streets proceeding north shall be given even numbers and the houses and/or non-auxiliary buildings on the left side of the streets proceeding north shall be given odd numbers. (Ord. 745 §1 (part), 1997).
16.24.325 Numbering system established.
There is established a uniform system of numbering properties and principal buildings. There shall be one location number for each ten feet of property frontage, wherever possible, starting at the baseline (normally the center of the adjoining street) with number one and continuing with consecutive hundreds at each intersection wherever possible. Structures will be numbered according to the road or street they face (front of structure), with the middle of the structure determining the number. The exception is when the structure cannot be seen from the road, then the driveway shall be numbered and addressed on the street/road from which it departs. The city adopts a nominal three- hundred-seventy-seven-foot block grid system in unplatted areas, and where a street is interrupted or does not continue through, the block shall be considered to be three hundred seventy-seven feet with measuring to begin anew each mile to remove irregularities. Where an unplatted area adjoins a currently platted area with a different block size, the grid and location number spacing shall be adjusted to establish continuity with the platted area. A grid map shall be developed by the city, copies of which shall be filed with the city clerk/treasurer and the director of public works. The grid map shall be modified whenever a subdivision is platted within the city limits. Buildings on short plats shall be numbered within the grid existing at the time of the plat. (Ord. 745 §1 (part), 1997).
16.24.330 House numbering when there are no intervening streets.
When the block has continued for three hundred seventy-seven feet without an intervening street and there is no intervening street within a total of seven hundred fifty-four feet from the last street, numbering shall begin for the next block as if there were a street. (Ord. 745 §1 (part), 1997).
16.24.335 Conformity with system required – Time limit.
All property or parcels of land within the corporate limits of Pomeroy shall hereafter be identified by reference to the uniform numbering system herein; provided, all existing numbers of property and buildings may retain their present number unless the director of public works finds that they are numbered incorrectly for the side of the street they are on, are not sequential, prevent proper numbering of further subdivisions of the area, or have other inconsistencies which make them incompatible with the numbering system. Those which the director of public works finds must be changed shall be changed to conform to the system herein with sixty days of notification by the director of public works. (Ord. 745 §1 (part), 1997).
16.24.340 New construction.
Whenever a building permit is issued for construction of a home or other principal building, the director of public works shall determine the number of the home or other principal building, and notify the builder of such number. Numerals meeting the specifications of PMC 16.24.120 shall be permanently placed before final inspection and/or issuance of permit of occupancy. (Ord. 745 §1 (part), 1997).
16.24.345 Numeral standards and visibility – Requirement to conform.
A. Numerals indicating the official number of each building shall be conspicuously placed immediately above, on, or at the side of the entrance so that the number can be plainly seen from the street. If an entrance does not face the street, numerals may be placed in a conspicuous place on the side of the house facing the street.
B. The numerals used shall be not less than three inches in height and shall be of durable material and clearly visible from the street.
C. The numerals shall be set on a background of contrasting color.
D. When a building is some distance from a road or when view of the house is blocked by trees or shrubs, numbers shall be placed on the building as in subsection (A) of this section, and shall also be placed on a sign at the street in the same manner as adopted by Garfield County for identification of rural addresses.
E. Each building shall be numbered according to the street it faces, not where the driveway enters the street; except that, when the building can not be seen from the street, then the driveway shall be numbered and addressed on the street from which it departs. (Ord. 745 §1 (part), 1997).
16.24.350 Initial conformity with system.
Beginning five days after adoption and publication of this ordinance, the director of public works will begin to notify each property owner of the number to be used for that property. Upon notification, the property owner must comply with the provisions of this ordinance, at their own expense, procuring and placing in position the proper numbers within sixty days. (Ord. 745 §1 (part), 1997).
16.24.355 Violation – Penalty.
The violation or any provisions of this ordinance shall be a misdemeanor punishable by a fine of not more than $500. (Ord. 745 §1 (part), 1997).
Subchapter 116.24.400
Pomeroy Historic Preservation
Sections:
16.24.440 Pomeroy historic preservation commission.
16.24.450 Pomeroy register of historic places.
16.24.460 Review of changes to Pomeroy register of historic places and properties.
16.24.470 Review and monitoring of properties for special property tax valuation.
16.24.410 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 Pomeroy and preserve and rehabilitate eligible historic properties within the city of Pomeroy for future generations through special valuation, a property tax incentive, as provided in Chapter 84.26 RCW in order to:
A. Safeguard the heritage of the city of Pomeroy as represented by those buildings, districts, objects, sites and structures which reflect significant elements of the city of Pomeroy history;
B. Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on the city of Pomeroy history;
C. Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects;
D. Assist, encourage and provide incentives to private owners for preservation, restoration, redevelopment and use of outstanding historic buildings, districts, objects, sites and structures;
E. Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative land uses; and
F. Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. (Ord. 787 §1 (part), 2002).
16.24.420 Title.
This chapter shall be known and may be cited as the “Historic Preservation Code of Pomeroy.” (Ord. 787 §1 (part), 2002).
16.24.430 Definitions.
The following words and terms when used in this chapter shall mean as follows, unless a different meaning clearly appears from the context:
“Actual cost of rehabilitation” means costs incurred within twenty-four 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.
A “building” is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings.
“Certificate of appropriateness” means the document indicating that the Pomeroy historic preservation 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.
“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.
“Class of properties eligible to apply for special valuation in Pomeroy” 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 Pomeroy becomes a Certified Local Government (CLG). Once a CLG, the class of properties eligible to apply for Special Valuation in Pomeroy means only all properties listed on the local and national Register of Historic Places or properties certified as contributing to a local and 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.
“Cost” means the actual cost of rehabilitation, which cost shall be at least twenty-five percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation.
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.
“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.
“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.
“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.
“Local review board”, or “board” as used in Chapter 84.26 RCW and Chapter 254-20 WAC for the special valuation of historic properties means the Pomeroy historic preservation commission created in PMC 16.24.040.
“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.
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.
“Ordinary repair and maintenance” means work for which a permit issued by the city of Pomeroy 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 appurtenant thereon and to restore the same, as nearly as may be practicable, to the condition prior to the occurrence of such deterioration, decay, or damage.
“Owner” of property is the fee simple owner of record as exists on the Garfield County assessor’s records.
“Pomeroy historic inventory” or “inventory” means the comprehensive inventory of historic and prehistoric resources within the boundaries of the city of Pomeroy.
“Pomeroy historic preservation commission” or “commission” means the commission created in PMC 16.24.040.
“Pomeroy register of historic places”, “local register”, or “register” means the listing of locally designated properties provided for in PMC 16.24.050.
“RCW” means Revised Code of Washington. Any reference to section or chapter of the RCW in this chapter shall be treated as a reference to the section or chapter of the RCW as the same exists now or may hereafter be amended.
“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. 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.
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 non-extant building or structure of the location itself possesses historic cultural or archaeological significance.
“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 in accordance with the provisions of Chapter 84.26 RCW.
“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.
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.
“Universal transverse macerator” or “UTM” means the grid zone in metric measurement providing for an exact point of numerical reference.
“WAC” means Washington Administrative Code. Any reference to section or chapter of the WAC in this chapter shall be treated as a reference to the section or chapter of the WAC as the same exists now or may hereafter be amended.
“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.
“Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties” or “State Advisory’s Council’s Standards” means the rehabilitation and maintenance standards used by the Pomeroy historic preservation commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. (Ord. 787 §1 (part), 2002).
16.24.440 Pomeroy historic preservation commission.
A. Creation and Purpose. There is hereby established a city of Pomeroy historic preservation commission. The commission shall:
1. Identify, evaluate, and designate historic resources;
2. Protect archaeological and historic resources;
3. Provide historic preservation information services; and
4. Establish one or more classes of historic property eligible for special valuation pursuant to Chapter 84.26 RCW.
B. Membership.
1. The commission shall consist of seven voting members, recommended by the mayor and appointed by the city council. There shall be an additional three non-voting, advisory members. Advisory members shall represent historical, cultural, or development related organizations within the city of Pomeroy, recommended by the mayor and appointed by the city council.
2. Names may be submitted to the mayor from any source. The mayor shall notify Pomeroy city heritage and development-related organizations of vacancies so that names of interested and qualified individuals may be submitted by such organizations for consideration.
3. When possible at least two voting members shall have professional experience in identifying, evaluating, and protecting historic resources and be selected from among the disciplines of history, architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, cultural geography, American studies, law or real estate.
4. Two voting members shall own commercial buildings within the Pomeroy Historic District; two voting members shall own residential buildings within the city of Pomeroy; and one voting member shall represent institutional buildings within the city of Pomeroy. Nothing shall prohibit a voting member from simultaneously representing a type of building (paragraph 4) and a discipline (paragraph 3).
5. Members shall be residents of the city of Pomeroy or own building(s) within the Pomeroy Historic District (as defined by the historic preservation commission) provided that exception to the residency requirement for commission members may be granted in order to obtain representatives from the disciplines of history, architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, cultural geography, American studies, law or real estate.
6. Members of the commission shall have a demonstrated interest and competence in historic preservation and heritage issues and possess qualities of impartiality and broad judgment.
7. Members shall be selected without respect to political affiliations.
8. The original appointment of members to the commission shall be as follows: two for two years, two for three years, and three for four years. Thereafter, appointments shall be made for a three year term.
9. Vacancies for any unexpired term shall be filled for the remainder of the unexpired term.
10. Commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or more positions as long as a quorum of four voting members is present.
C. Powers and Duties. The major responsibility of the historic preservation 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, historic planning, and preservation. In carrying out these responsibilities, the historic preservation commission shall engage in the following:
1. Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the city of Pomeroy and known as the city of Pomeroy Historic Inventory, and publicize and periodically update inventory results. Properties listed on the inventory shall be recorded on official zoning records with an “HI” (for historic inventory designation). This designation shall not change or modify the underlying zoning classification.
2. Initiate and maintain the city of Pomeroy 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 of Pomeroy and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties.
3. Review nominations to the city of Pomeroy Register of Historic Places according to criteria in this chapter and adopt standards in its rules to be used to guide this review.
4. Review proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect properties or districts on the register as provided in this chapter; and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver.
5. Provide for the review 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 and prehistoric resources.
8. 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 city of Pomeroy area.
9. 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 of Pomeroy, other neighboring communities, Garfield County, and the state or federal governments, as they relate to historic resources of the city.
10. Advise the city council and mayor generally on matters of Pomeroy history and historic preservation.
11. Perform other related functions assigned to the commission by the city council or mayor.
12. 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.
13. 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.
14. 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.
15. Review nominations to the State and National Registers of Historic Places.
16. Investigate and report to the mayor and city council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in the city of Pomeroy.
17. Serve as the local review board for special valuation and:
a. Make determination concerning the eligibility of historic properties for special valuation;
b. Verify that the improvements are consistent with the Washington State Advisory Council’s Standards for Rehabilitation and Maintenance;
c. Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254-20-070(2);
d. Approve or deny applications for special valuation;
e. Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the ten year special valuation period; and
f. Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW.
18. The commission shall adopt rules of procedure to assist the commission in carrying out its duties pursuant to this chapter generally and items (3) and (4) of this subsection (C) specifically.
D. Compensation. All commission members shall serve without compensation.
E. Rules. The commission shall adopt bylaws and/or administrative rules governing:
1. Compliance with the Open Public Meetings Act (Chapter 42.30 RCW);
2. Rules of parliamentary procedure utilizing Robert’s Rules of Order;
3. Order and conduct of business; and
4. Frequency of meetings.
F. Officers. The commission shall select from among its members a chairperson and such other officers as may be necessary to conduct the commission’s business.
G. Staff. Staff assistance may be provided for the commission by the city subject to annual budget review and appropriation by the city council. (Ord. 787 §1 (part), 2002).
16.24.450 Pomeroy register of historic places.
A. Criteria for Determining Designation in the Register. An owner of property within the city of Pomeroy may request in writing the inclusion of the property in the Pomeroy register of historic places.
[Annotation: Under current State and Federal application process, any property or district that is added to the Washington Heritage Register or National Register is automatically added to the Pomeroy Register of historic places and is subject to the provisions of this ordinance unless the property owner specifically objects during the hearing process.]
Any building, structure, site, object, or district requested in writing by its owner, or an owner within a district, may be designated for inclusion in the Pomeroy Historic 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 related to history or prehistory.
7. Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with an historic person or event.
8. Is a birthplace or grave of an historical figure of outstanding importance and is the only surviving structure or site associated with that person.
9. Is a cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns.
10. Is a reconstructed building that has been executed in an historically accurate manner on the original site.
11. 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.
B. Process for Designating Properties or Districts to the Pomeroy Historic Register.
1. Any building, structure, site, object, or district may be nominated in writing by the owner of the such building, structure, site, object or owner of a building, structure, site or object within a proposed district for inclusion of the building, structure, site, object or district in the Pomeroy Historic Register. In evaluating whether a nominated building, structure, site, object or district should be included in the Pomeroy Historic Register, the commission shall consider the Pomeroy Historic Inventory and the city comprehensive plan.
2. In the case of individual properties, the designation shall include the legal location (or UTM reference) and all features–interior and exterior–and outbuildings that contribute to its designation.
3. In the case of districts, 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 historic preservation commission shall consider the merits of the nomination, according to the criteria in this chapter 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 the East Washingtonian and posting of the property. If the commission finds that the nominated property is eligible for the Pomeroy Historic Register, the commission shall list the property in the Register with owner’s consent. In the case of historic districts, the commission shall consider a simple majority of property owners to be adequate for owner consent. 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 Pomeroy Historic Register shall be recorded on official zoning records with an “HR” (for Historic Register) designation. This designation shall not change or modify the underlying zoning classification.
C. Removal of Properties from the Register.
1. A property owner may request review of the owner’s property for removal from the local register by submitting a written request to the commission. Upon such request the commission shall schedule a public meeting for consideration of the removal within thirty days of the date of receipt of the request. The property owner must notify the commission within one week of the conclusion of the public meeting that the property will be removed from the local register or that the removal request has been rescinded. Failure by the property owner to so notify the commission will result in the property remaining on the register.
2. A property may be removed from the local register if alterations to the property result in loss of historical integrity.
3. In the event that a property is no longer deemed appropriate for designation to the local register, the commission may initiate removal from such designation by providing notice to the property owner of the intent of the commission to remove the property from the Pomeroy Historic Register. The same criteria that must be evaluated by the commission to initially determine whether a building, structure, site, object or district should be included in the Pomeroy Historic Register, shall be evaluated at a public meeting and the decision of the commission shall be final.
4. A property may be removed from the local register without the owner’s consent.
D. Effects of Listing on the Register.
1. Listing on the Pomeroy Historic Register is an honorary designation denoting significant association with the historic, archaeological, engineering, or cultural heritage of the community. Properties are listed individually or as contributing properties to an historic district.
2. Prior to the commencement of any work on a register property, excluding ordinary repair and maintenance and emergency measures defined in this chapter, the owner must request and receive a certificate of appropriateness from the commission for the proposed work. Violation of this rule shall be grounds for the commission to review the property for removal from the Register.
3. Prior to whole or partial demolition of a Register property, the owner must request and receive a waiver of a certificate of appropriateness.
4. Once the city of Pomeroy is certified as a Certified Local Government, all properties listed on the Pomeroy Historic Register may be eligible for Special Tax Valuation on their rehabilitation. The city of Pomeroy makes no representations concerning taxable issues pertaining to property listed on the Pomeroy Historic Register. (Ord. 787 §1 (part), 2002).
16.24.460 Review of changes to Pomeroy register of historic places and 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 Pomeroy Historic Register or within an historic district on the Pomeroy Historic 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 are established in rules.
B. Exemptions. Ordinary repair and maintenance and emergency repair do not require a certificate of appropriateness or review by the commission.
C. Review Process.
1. Requests for Review and Issuance of a Certificate of Appropriateness or Waiver. The building or zoning official shall report any application for a permit to work on a designated Pomeroy Historic Register property or in a Pomeroy Historic Register 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.
Information required by the commission to review the proposed changes is established in the Washington state advisory council standards for the rehabilitation and maintenance of historic properties as set forth in Chapter 254-20 WAC as presently enacted or hereinafter amended. A copy of the standards will be available from the commission.
2. 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 Pomeroy Historic Register property or within a the Pomeroy Historic 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.
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 thirty calendar days of the date of receipt of the application. If the commission is unable to process the request, the commission may ask for an extension of time.
The commission’s recommendations shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision. 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, a certificate of appropriateness shall be awarded by the commission according to standards established in the commission’s rules.
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.
3. 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 Pomeroy Historic Register property or in a the Pomeroy Historic Register 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 forty-five 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 forty-five additional calendar days to develop alternatives to demolition. When issuing a waiver the commission may require the owner to mitigate the loss of the Pomeroy Historic Register property by means determined by the commission at the meeting. 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.
4. Appeal of Approval or Denial of a Waiver of a Certificate of Appropriateness.
a. The commission’s decision regarding a waiver of a certificate of appropriateness may be appealed to the city council within ten days. The appeal must state the grounds upon which the appeal is based.
b. The appeal shall be reviewed by the council only on the records of the commission. Appeal of council’s decision regarding a waiver of a certificate of appropriateness may be appealed to superior court. (Ord. 787 §1 (part), 2002).
16.24.470 Review and monitoring of properties for special property tax valuation.
A. Time Lines.
1. Applications shall be forwarded to the commission by the city clerk within ten calendar days of receipt of the filing by the city clerk from the county assessor.
2. Applications shall be reviewed by the commission before December 31 of the calendar year in which the application is made.
Commission decisions regarding an application shall be certified in writing and filed with the county assessor within ten calendar days of issuance.
B. Procedure.
1. The county assessor forwards the application(s) to the commission.
2. The commission reviews the application(s), consistent with its rules of procedure, and determines if the application(s) are complete and if the properties meet the criteria set forth in WAC 254-20-070(1) and identified in this chapter.
a. If the commission finds the properties meet all the criteria, then, on behalf of the city of Pomeroy, the commission enters into an Historic Preservation Special Valuation Agreement as set forth in WAC 254-20-120 with the owner. Upon execution of the agreement between the owner and commission, the commission approves the application(s).
b. If the commission determines the properties do not meet all the criteria, then it shall deny the application(s).
3. The commission certifies its decisions in writing and states the facts upon which the approvals or denials are based and files copies of the certifications with the assessor.
4. For approved applications:
a. The commission forwards copies of the agreements, applications, and supporting documentation identified in WAC 254-20-090(4) and in this chapter to the Garfield County assessor;
b. The commission notifies the state review board that the properties have been approved for special valuation; and
c. The commission monitors the properties for continued compliance with the agreements throughout the 10-year special valuation period.
5. The commission determines, in a manner consistent with its rules of procedure, whether or not properties are disqualified from special valuation either because of:
a. The owner’s failure to comply with the terms of the agreement; or
b. Because of a loss of historic value resulting from physical changes to the building or site.
6. For disqualified properties, in the event that the commission concludes that a property is no longer qualified for special valuation, the commission shall notify the owner, assessor, and state review board in writing and state the facts supporting its findings.
C. Criteria.
1. Historic Property Criteria: The class of historic property eligible to apply for Special Valuation in the city of Pomeroy 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 city of Pomeroy becomes a Certified Local Government (CLG). Once a CLG, the class of property eligible to apply for Special Valuation in the city of Pomeroy means all properties listed on the Local Register of Historic Places or properties certified as contributing to an Local Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW.
2. Application Criteria: Complete applications shall consist of the following documentation:
a. A legal description of the historic property;
b. Comprehensive exterior and interior photographs of the historic property before and after rehabilitation;
c. Architectural plans or other legible drawings depicting the completed rehabilitation work;
d. A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to the date of application and the period of time during which the work was performed and documentation of both shall be made available to the commission upon request; and
e. For properties located within historic districts, in addition to the standard application documentation, a statement from the secretary of the interior or appropriate local official, as specified in the commission’s administrative rules or in this chapter, indicating the property is a certified historic structure is required.
3. Property Review Criteria: In its review the commission shall determine if the property meet all the following criteria:
a. The property is historic property;
b. The property is included within a class of historic property determined eligible for Special Valuation by the city of Pomeroy pursuant to this chapter;
c. The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) and identified in this chapter within twenty-four months prior to the date of application; and
d. The property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying the Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties, WAC 254-20-100(1), and identified in this chapter.
4. Rehabilitation and Maintenance Criteria: The Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties in WAC 254-20-100 shall be used by the commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified.
D. Agreement: The historic preservation special valuation agreement in WAC 254-20-120 shall be used by the commission as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2).
E. Appeals: Any decision of the commission on an application for classification as historic property eligible for special valuation may be appealed to Garfield County Superior Court under RCW 34.05.510 through 34.05.598 in addition to any other remedy at law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the Garfield County Board of Equalization in accordance with RCW 84.40.038. (Ord. 787 §1 (part), 2002).