Chapter 17.30 HISTORIC PRESERVATION CODE

The city council finds and declares as a matter of public policy that the preservation, protection, and enhancement of buildings, structures and improvements of historical, cultural, architectural, engineering, political, or social significance located within the Port Townsend historic overlay district (the overlay district) and throughout the city are required in the interest of the prosperity, civic pride and general welfare of the citizens of the city. The city council further finds that the aesthetic, cultural and economic standing of Port Townsend would be threatened by disregarding the heritage of the city and by allowing the destruction or defacement of such buildings and structures. Accordingly, the purposes of this chapter are to:

A. Preserve and protect the buildings and structures located in the overlay district that reflect significant elements of the city’s historical, cultural, architectural, engineering, political, social or other heritage;

B. Foster knowledge and civic pride in the beauty, accomplishments, and living heritage of the past;

C. Preserve and encourage harmonious architectural styles within the overlay district that reflect the distinct phases of Port Townsend’s history;

D. Promote the use of historic buildings and structures within the overlay district for the economic prosperity, education, inspiration and general welfare of the people of the city;

E. Promote and encourage continued ownership and use of historic buildings and structures within the overlay district to further the objectives of this chapter;

F. Protect the attractiveness of Port Townsend to residents and visitors;

G. Assist, encourage and provide incentives to owners for preservation, restoration, redevelopment and use of historic buildings, structures, objects and sites;

H. Promote and facilitate the early identification and resolution of conflicts between the preservation of historic resources and alternative land uses;

I. Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment;

J. New development should foster a mix of businesses that serve the Port Townsend community and others, and that provide living wages;

K. New development should provide an attractive pedestrian-oriented environment free from intrusions unless they are consistent with design review, be constructed of quality materials, and reduce the impacts of off-site parking;

L. Implement the goals and policies of the Port Townsend comprehensive plan to preserve the unique character, vitality and economic prosperity of the overlay district, including the diversity and unique characteristics of the waterfront and uptown subdistricts located therein, and to “encourage the retention of significant historic and cultural resources which foster community identity and pride”;

M. Amendments to this chapter may require corollary amendments to the city of Port Townsend shoreline master program for consistency. (Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2945 § 5.8, 2007; Ord. 2859 § 4, 2004).

17.30.015 Reasonable use.

A. In no event shall the application of this chapter be applied to prevent a reasonable beneficial use or reasonable economic return to the owner without the proposed alteration, construction, removal or demolition.

B. An owner may apply to the director for modification of the requirements of this chapter on the basis that application of this chapter would prevent a reasonable beneficial use or reasonable economic return without the proposed alteration, relocation, removal or demolition.

The application shall be processed as an application for certificate of approval pursuant to PTMC 17.30.080. In addition, an owner shall provide an explanation with supporting evidence of how and why compliance with this chapter would prevent a reasonable beneficial use or reasonable economic return without the proposed alteration, relocation, removal or demolition.

The director may require information and documentation, including:

1. Nature of ownership;

2. Financial resources of owner or parties in interest;

3. Cost of repairs;

4. Assessed value of the land and improvements;

5. Debt service;

6. Any listing of the property for sale or rent, price asked, and offers received, if any;

7. For income-producing property, itemized operating and maintenance expenses, and annual cash flow, for previous two years.

C. The director may approve an exception and modify a requirement of this chapter only when all of the following findings can be made:

1. The application of this chapter would prevent a reasonable beneficial use or reasonable economic return without the proposed alteration, relocation, removal or demolition, and there is no viable or reasonable alternative which would have less impact;

2. The basis on which the application is made is not the result of actions by the owner.

The director shall take into account relevant factors, including: (1) if denial of the application would result in a substantial decrease in the fair market value of the property; (2) the structural soundness of any structures on the property and their suitability for rehabilitation; (3) the economic feasibility of rehabilitation or reuse of the existing structure or improvement on the property in the case of proposed demolition; (4) the cost of the proposed alteration, relocation or demolition; and (5) if denial of the application would result in a substantial decrease in the return to owners in the property.

D. A requirement of this chapter may be reduced, waived or otherwise modified only to the extent necessary to make the standard reasonable in light of all the facts and circumstances of a particular case. In modifying a development standard the director may impose reasonable conditions that prevent or mitigate the same harm that the modified regulation was intended to prevent or mitigate.

E. Appeals of a decision of the director to grant, deny, or attach conditions pursuant to this section shall be made in accordance with the appeal provisions set forth in Chapter 20.01 PTMC for Type I-A decisions (administrative approval, with appeal by applicant or party of record to the hearing examiner). In making its decision on the appeal, the hearing examiner shall accord substantial weight to the decision of the director. In the event the hearing examiner denies the appeal and affirms the decision of the director, the hearing examiner shall adopt written findings of fact and conclusions in support of its decision. In order to grant any appeal from the decision of the director, the hearing examiner must find that the decision was clearly erroneous or that the director failed to adhere to the standards established by this chapter. (Ord. 3037 § 1 (Exh. A), 2010).

17.30.020 Applicability – Exemptions.

A. General Applicability. This chapter establishes a mandatory design review process and criteria for certain types of development and municipal improvements within the historic overlay district, as described in PTMC 17.30.040, including those subdistricts that lie within the boundaries of the historic overlay district, and other historic structures subject to this chapter. Any development or municipal improvement subject to review under this chapter shall be completed in full conformance with all design requirements and conditions set forth in the certificate of approval issued by the director, following review and consideration of the historic preservation committee’s (HPC) recommendations when required by this chapter. The certificate of approval shall constitute a Type I-A development permit under Chapter 20.01 PTMC (except as otherwise specified in this chapter), and shall be construed as a component of all final land use permits issued by the city. Any additional development permit shall be issued subject to, and conditioned upon, full compliance with the certificate of approval.

B. Specific Applicability. The requirements of this chapter shall apply to any development or municipal improvement that:

1. Involves partial or complete demolition, changing, altering, modifying, remodeling, relocating, removing or significantly affecting a property (the following is not exclusive):

a. Designated as an historic structure pursuant to Chapter 2.72 PTMC.

b. Designated or that is eligible for designation as an historic structure pursuant to this chapter (whether inside or outside the historic overlay district).

c. Listed on the local, state or national list of historic places (whether inside or outside the historic overlay district).

Exterior changes include the application of exterior paint or the installation of exterior mechanical system elements, subject to any administrative review provisions of the Port Townsend historic preservation standards manual, as described in PTMC 17.30.160;

2. Involves the erection of any new sign, or the removal or substantial alteration of any existing sign, within the waterfront or uptown commercial subdistricts lying within the boundaries of the historic overlay district, subject to any administrative review provisions of the Port Townsend historic preservation standards manual, as described in PTMC 17.30.160.

C. Exemptions. The requirements of this chapter shall not apply to any development or municipal improvement that involves the following; provided, prior to undertaking any activity listed below, required building permits or other approvals shall first be obtained:

1. Demolition of any church or other structure that is actively used for religious purposes; provided, that the project proponent demonstrates that demolition of the existing structure is necessary in order to afford reasonable use of the subject property for religious-related purposes;

2. Is not designated or is not eligible for designation as an historic place pursuant to this chapter;

3. Only interior building construction, maintenance, remodeling and decoration activities;

4. Emergency repairs of buildings, structures and improvements; provided (a) that a waiver of design review has first been obtained from the director, subject to such conditions as the director determines appropriate based on the emergency, and based on the requirements of this chapter; (b) such repairs shall be strictly limited to correcting emergency conditions; and (c) that after cessation of the emergency condition, all permanent installations shall be subject to design review and approval under this chapter;

5. Ordinary (i.e., nonemergency) maintenance and repair activities including the repair and/or replacement of residential building foundations provided such repair/replacement does not significantly increase overall building height, and provided (a) that a waiver of design review has first been obtained from the director, and (b) all applicable code requirements are met, including criteria for buildings subject to review under this chapter;

6. Residential construction that does not require a building permit (for example, painting, landscaping, fences under six feet, artwork, arbors, minor repairs, replacing a broken glass in a window, replacing a door, etc.);

7. All new construction, building alteration and/or demolition of any structure at Fort Worden State Park.

D. Controlling Effect of Chapter. This chapter supplements other building and land use regulations and codes of the city for which permits and approvals may be required, including but not limited to building code, fire code, shorelines regulations, energy code, accessibility code, and sign code. Where this chapter is in conflict with any other building or land use regulation or code, then to the extent permitted by law the provisions of this chapter shall apply. (Ord. 3037 § 1 (Exh. A), 2010; Ord. 3035 § 8, 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2869 § 1, 2004; Ord. 2859 § 4, 2004).

17.30.030 Historic overlay district – Official map.

The locations and boundaries of the historic overlay district, including the uptown commercial and waterfront subdistricts located therein, shall be as shown on the map, entitled “Historic Overlay District, Port Townsend, Washington.” The map and all the notations, references, and amendments thereto and other information shown thereon are hereby made a part of this chapter, just as if such information were fully described and set forth herein. In the case of any conflict between the map and the text of this chapter, the text of this chapter shall prevail. The map shall be kept on file in the office of the city clerk, and also be available for inspection by the public at the planning and community development department. (Ord. 3287 § 5, 2022; Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2892 § 1, 2005; Ord. 2859 § 4, 2004).

17.30.040 Historic overlay district – District and subdistrict boundaries.

The boundaries of the district and subdistricts regulated under this chapter are described as follows:

A. Historic Overlay District. That portion of the city of Port Townsend encompassing the area nominated to the National Register of Historic Places on April 19, 1976, and those portions of the C-III, historic commercial zoning district lying outside the area nominated to the National Register of Historic Places, the boundaries of which are more particularly described as: Beginning at Port Townsend Bay in a northwesterly direction co-linear with Harrison Street and continuing to Water Street, then southwest along Water Street to Van Buren Street, then northwest along Van Buren Street to its intersection with the edge of the bluff, then following the bluff toward the southwest to the vacated Scott Street right-of-way, along that vacated right-of-way to its intersection with Jefferson Street, southwest along Jefferson one-half block then 90 degrees to the northwest along a line parallel to Scott Street continuing to Lawrence Street, northeast along Lawrence to Walker Street, northwest along Walker to Blaine Street, northeast along Blaine to Van Buren Street, southeast along Van Buren to Garfield Street, northeast along Garfield to Harrison Street, northwest along Harrison to Chestnut Street, north along Chestnut to F Street, east along F to Oak Street, north along Oak to Taft Street, along Taft to a point midblock between Adams and Quincy Streets, then 90 degrees to the northwest along a line parallel to Quincy then 90 degrees to the northeast taking in the property at the west corner of Quincy and Taft Streets, retuning along Quincy to Taft and continuing along Taft Street northeast to Admiralty Inlet.

B. Historic Overlay District – Waterfront Subdistrict – Generally. That area of the city of Port Townsend lying within the historic overlay district and more particularly described as: Beginning at Port Townsend Bay in a northwesterly direction co-linear with Harrison Street and continuing to Water Street, then southwest along Water Street to Van Buren Street, then northwest along Van Buren Street to its intersection with the edge of the bluff, then following the top of the bluff toward the northeast to its intersection with Lincoln Street, then northeast along Lincoln Street to Admiralty Inlet.

C. Historic Overlay District – Specific Subdistricts. The specific subdistricts lying within the historic overlay district are more particularly described as follows:

1. Ferry Retail Subdistrict: Beginning at Port Townsend Bay in a northwesterly direction co-linear with Harrison Street and continuing to Water Street, then southwest along Water Street to Van Buren Street, then northwest along Van Buren Street to its intersection with the edge of the bluff, then following the edge of the bluff toward the northeast to its intersection with Polk Street, then southeast along Polk Street to Water Street, then northeast along Water Street to a point midblock between Polk Street and Tyler Street, then 90 degrees to the southeast to Port Townsend Bay.

2. Historic Commercial Subdistrict: Beginning at Port Townsend Bay in a northwesterly direction co-linear with a point located on Water Street midblock between Polk and Tyler Streets, then west along Water Street to Polk Street, then northwest along Polk Street to the edge of the bluff along Washington Street, then following the edge of the bluff toward the northeast to its intersection with Quincy Street, then southeast along Quincy Street to Washington Street, then northeast along Washington Street to Madison Street, then southeast along Madison Street to Water Street, then southwest along Water Street to a point midblock between Madison and Quincy Streets, then southeast along the line separating Lot 4 from Lot 6 of Block 6 of the Original Townsite of Port Townsend, then southwest along a line parallel to the line separating Lots 5 and 7 from Lots 6 and 8 of Block 6 of the Original Townsite of Port Townsend to the western edge of the Quincy Street right-of-way, then southeast along the western edge of the Quincy Street right-of-way to Port Townsend Bay.

3. Civic Subdistrict: Beginning at Port Townsend Bay in a northwesterly direction co-linear with the western limit of the Quincy Street right-of-way to a point midblock between the vacated Front Street right-of-way and Water Street, then northeast along a line parallel to the line separating Lots 5 and 7 from Lots 6 and 8 of Block 6 of the Original Townsite of Port Townsend to its intersection with the line separating Lot 4 from Lot 6 of Block 6 of the Original Townsite of Port Townsend, then northwest along the line separating Lot 4 from Lot 6 of Block 6 of the Original Townsite of Port Townsend to Water Street, then northeast along Water Street to Madison Street, then northwest along Madison Street to Washington Street, then southwest along Washington Street to Quincy Street, then northwest along Quincy Street to the edge of the bluff, then northeast along the edge of the bluff to its intersection with Monroe Street, then southeast along Monroe Street to Port Townsend Bay.

4. Point Hudson Marina Subdistrict: Beginning at Port Townsend Bay in a northwesterly direction co-linear with Monroe Street and continuing to the edge of the bluff, then following the edge of the bluff toward the northeast to its intersection with Lincoln Street, then northeast along Lincoln Street to Admiralty Inlet.

5. Uptown Commercial Subdistrict: That area of C-III zoning within the Historic Overlay District roughly lying on each side of Lawrence Street between Van Buren and Taylor Street, more particularly described as follows: The North 1/2 of Blocks 132, 133 and 134 and all of Block 135 of the Original Townsite of Port Townsend together with the South 1/2 of Block 1 of Plummer’s Addition to the city of Port Townsend. Also that area lying south of the following line: Beginning at mid-block on the west line Block 1, Plummer’s Addition thence westerly along a line more or less parallel to Lawrence Street, ending at the City Library property. (Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2859 § 4, 2004).

17.30.050 Mandatory design review – Certificates of approval binding.

A. HPC Review and Director’s Certificate of Approval. Unless exempted by this chapter (see PTMC 17.30.020), no development or improvement regulated under this chapter may be initiated without design review and (as required by this chapter) recommendation by the historic preservation committee (HPC) and issuance of a certificate of approval by the director, except, as provided by this section, minor alterations and permits are administratively reviewed and approved by the director without HPC review and recommendation. Design review for alterations and changes to secondary residential structures requires a certificate of approval, but does not require HPC recommendation.

B. Minor Alterations and Permits. Minor alterations and permits that are administratively approved include:

1. Repairs or restoration of historic features or elements.

2. Changes in roofing and/or siding material.

3. Replacement in kind (or substantially in kind) of windows using the same or similar sash and pane configuration, including use of compatible substitute materials.

4. New railings.

5. Americans with Disabilities Act (ADA) accommodations.

6. Fences.

7. Garages and outbuildings including modifications to existing contributing or non-contributing accessory structures.

8. New additions to contributing residential structures resulting in less than a 50 percent increase in gross square footage; provided, that the addition is limited to the nonprincipal facades.

9. Sign permits.

10. Exterior mechanical equipment (heat pumps, propane tanks, roof vents, etc.).

11. Temporary, removable tables, chairs and benches located within public rights-of-way.

12. Installation of awnings that adhere to the city’s adopted awning guidelines.

13. Installation of exterior lighting including light poles.

14. Installation of garbage and recycling enclosures.

15. Noncommercial communication antennas and equipment.

Nothing prevents the director from obtaining HPC recommendation on the proposed minor alteration, and/or working with HPC to establish guidelines to implement applications for minor alterations.

C. Review of any alteration proposed to secondary residential structures, with the exception of demolition or partial demolition, may be performed administratively by the PCD director without consultation and recommendation by the HPC.

D. Modification of HPC Recommendations. Based upon the information provided by the applicant and developed by HPC, and based further upon any formally adopted city code, plans and policies as may be applicable, the director has the authority to modify the recommendation of the HPC. If the director modifies a recommendation, it shall be for good cause set forth in writing, and the director shall promptly notify HPC of any modification.

E. Limitations on Permits. No city permits or approvals shall be issued for any development or municipal improvement regulated under this chapter absent issuance of a certificate of approval by the director.

F. Certificate of Approval Binding upon Applicant. Upon issuance by the director, the conditions attached to the certificate of approval shall become binding upon the applicant and any agent or representative of the applicant for applications within the historic overlay district.

G. SEPA Authority. In addition to the requirements of this section, the city retains substantive authority under the State Environmental Policy Act (Chapter 43.21C RCW) to review, condition or deny any proposed development or municipal improvement based upon the identification of probable, significant adverse environmental impacts of the proposal. (Ord. 3287 § 5, 2022; Ord. 3070 § 1, 2011; Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2859 § 4, 2004).

17.30.070 Preapplication conference mandatory.

All applications for design review and a certificate of approval under this chapter that involve new construction or a new addition to an existing building shall not be accepted by the director unless the project proponent has scheduled and attended a preapplication conference with planning and community development department staff and a representative of the HPC (except for alterations or changes to secondary residential, which do not require HPC review and recommendation). The purpose of the preapplication conference is to acquaint the project proponent with the requirements of this chapter and to provide preliminary comments on the acceptability of the proposed design. The director may waive this preapplication conference requirement if an applicant demonstrates, to the director’s satisfaction, experience with the requirements of the PTMC requirements and process that would render the preapplication conference unnecessary. (Ord. 3287 § 5, 2022; Ord. 3037 § 1 (Exh. A), 2010; Ord. 3026 § 1 (Exh. A-6 § 2), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2892 § 1, 2005; Ord. 2859 § 4, 2004).

17.30.080 Application for certificate of approval.

A. Filing. Application for a certificate of approval shall be made by filing an application for such certificate with the planning and community development department.

B. General Application Submittal Requirements. To be considered complete, an application for a certificate of approval under this chapter shall include the following:

1. A completed application on a form prescribed by the planning and community development department, prepared in consultation with the HPC, accompanied by a site plan showing the location of the building or buildings, parking, exterior lighting, signs and landscaping, exterior elevations of the front, rear and side of the building or other improvements with a description of the type and finished color of exterior siding, signage, exterior hardware, windows and roofing to be used.

2. Detailed drawings of architectural features, signs and trim; and “as is” photographs of the subject building or site and adjacent structures.

3. All diagrams, drawings and plans shall be drawn to scale. The HPC may request additional information necessary for their review and recommendation.

4. Evidence that the application is made by or on behalf of the owner.

The PCD director may limit the submittal requirements to only those necessary for review of the proposal. (Ord. 3287 § 5, 2022; Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2892 § 1, 2005; Ord. 2859 § 4, 2004).

17.30.090 Timing of application submittals.

Immediately upon issuance of a determination of completeness for any permits required under any other chapters of this title, an environmental determination under PTMC Title 19, or a substantial development permit under the Port Townsend shoreline master program, an applicant for a development or municipal improvement regulated under this chapter shall submit an application for design review and certificate of approval. All such submittals shall be made at least 60 days prior to the first hearing of the hearings body conducting any open record public hearing on the proposed development. (Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2859 § 4, 2004).

17.30.100 HPC process – Review and recommendation to director required.

This section applies to completed applications for a certificate of approval, except it does not apply to completed applications for a certificate of approval for alterations or changes to secondary residential structures, which do not require HPC review and recommendation.

A. Director’s Responsibilities. Upon receipt of a completed application for a certificate of approval, the director shall:

1. Inform the applicant of the review requirements;

2. Report receipt of the application to the HPC and forward the application to its members;

3. Assist the HPC in considering the design guidelines, building, zoning, shoreline, sign and fire code and other regulatory requirements which may apply to the proposed development or municipal improvement; and

4. Refrain from issuing any building permit prior to issuance of a certificate of approval for the proposed development or municipal improvement, which shall occur only after consideration of the HPC’s findings, conclusions and recommendation.

B. HPC Meeting Required. The director, in consultation with the HPC, shall set a public meeting time and place as soon as possible to review the application according to the design review standards established in this chapter. The director shall request the applicant, and any design professionals assisting the applicant, to attend the meeting. If the applicant, or the applicant’s representative responsible for project design, fails to attend the meeting, an alternate meeting shall be scheduled by the HPC within 30 days of the initial meeting, and the director shall provide the applicant with written notification of the continued meeting; provided, that in such event, the duration of time between the originally scheduled meeting and the continued meeting shall be considered time necessary for the city to obtain additional information on the application, in accordance with PTMC 20.01.110. In the event the applicant fails to attend the continued meeting, the director, upon providing written notification to the applicant of the continued meeting, shall determine the application to be abandoned and withdrawn. Where the director deems an application to be abandoned and withdrawn, no permits shall be issued by the city on the project unless and until the applicant has applied anew for design review and obtained a certificate of approval under this chapter.

C. Additional HPC Meetings. The HPC, in coordination with the applicant, may schedule additional meetings as it may find necessary and desirable to complete its review and formulate findings, conclusions and recommendations for the advice of the director. The HPC may, in the execution of its review, assign any portion of the review of any application to any member or subcommittee of the HPC; provided, that the vote approving the findings, conclusions and recommendation regarding the application for the certificate of approval shall be made by a majority vote of a quorum of the HPC.

D. Phased Review. Upon approval of the PCD director, applications may be processed in phases; provided, however, that phased review shall only be allowed if review of phases provides adequate review of the project.

E. HPC Recommendations – Contents. When the HPC has completed its review, it shall forward its findings, conclusions and recommendation to the director.

1. The HPC’s recommendation shall include, but not necessarily be limited to, the following information: the name of the applicant; the date the recommendation is issued; the location of the proposed development or municipal improvement; a brief narrative description of the development or municipal improvement; specific reference to any and all plans submitted by the applicant showing, if applicable, the design which the HPC has found to be consistent with adopted design standards; a statement as to whether or not the HPC finds the proposed development or municipal improvement to be contributing or not contributing to the historic overlay district and specific subdistrict in which it is located, if applicable; and any and all specific design elements and/or conditions of approval recommended by the HPC. The HPC shall also document any voluntary revisions that the applicant has made as a result of the HPC review.

2. In the event the HPC recommends that the director attach conditions upon the certificate of approval that have not been agreed to by the applicant, or in the event that the HPC recommends denial of the application, the HPC’s transmittal to the director shall include detailed findings and conclusions supporting the recommended conditions or denial, with specific reference made to the formally adopted design standards supporting the recommendation. For the purpose of this chapter, plans, policies, rules and design guidelines are “formally adopted” when adopted by ordinance of the Port Townsend city council, or incorporated by reference within an ordinance of the city council.

3. Upon approval of HPC, HPC may appoint a subcommittee of its members to provide recommendation on matters involving clarifications of HPC recommendations, or minor issues or matters that are not inconsistent with HPC recommendations.

F. Time Limit for HPC Review and Recommendation. Unless an extension is authorized by the applicant, the HPC shall complete its review and forward its findings, conclusions and recommendation to the director within 45 days of receipt of a complete application for a certificate of approval, consistent with PTMC 20.01.120. In the event that the HPC fails to issue its recommendation within such period, the director shall issue a certificate of approval without the recommendation of the HPC.

G. An applicant may make a written request to submit an application for a certificate of approval for a preliminary design of a project if the applicant waives in writing the deadline for a decision on the subsequent phase or phases of the project, and any deadlines for decisions on related permit applications under review by the department, and the applicant agrees in writing that the director’s decision on the preliminary design is immediately appealable by the applicant or any interested person of record. To be complete, an application for a certificate of approval for a preliminary design must include information sufficient for review. A certificate of approval that is granted for a preliminary design shall be conditioned upon subsequent submittal of the final design which shall be substantially consistent with the approved preliminary design. (Ord. 3287 § 5, 2022; Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2892 § 1, 2005; Ord. 2859 § 4, 2004).

17.30.110 Certificate of approval – Director’s decision.

A. Director’s Written Decision. Upon their receipt, the director shall deliberate upon the HPC’s findings, conclusions and recommendations, according great weight to the same. The director shall then issue a written decision granting, granting with conditions, or denying a certificate of approval based upon the HPC’s recommendations (when required), and shall provide a copy of the decision to the applicant not later than 14 days after receipt of the HPC’s recommendation (when required).

B. Certificate of Approval – Contents. The certificate of approval issued by the director shall include, at a minimum, the information contained within the HPC’s findings, conclusions and recommendation (when required), shall plainly state whether the HPC’s recommendations are approved with, or without, modifications and shall include a finding or findings that the decision is based upon formally adopted design standards and/or the voluntary agreement of the applicant. The director may request that the applicant sign the certificate acknowledging that the applicant agrees to accept the conditions of approval.

C. Certificate of Approval – Effect If Alteration Results in Residential Reclassification. To avoid penalizing an owner of a residence from undertaking alterations that result in an upgrade to the classification of the residence, a certificate of approval for a residence shall provide that a future alteration, applied for within 10 years from the issuance of the certificate of approval, would be reviewed based on the residence’s classification before the alteration for which the certificate is issued; provided, this only applies if the owner has not received special valuation or other monetary benefits in connection with the alterations associated with the certificate of approval. The director may document this provision by notice to title. Nothing prevents an owner, who has not received special valuation or other monetary benefits associated with the certificate of approval in connection with the alterations, from executing a covenant that declares the owner’s acceptance of an upgrade to the classification of the residence and waiving the provisions of this subsection.

For example, an owner of a secondary residence upgrades the residence which results in the residence now being classified as primary. A future alteration (for example, an addition) applied for within 10 years would be reviewed as if the residence was secondary (allowing more latitude than if the residence were primary), so long as the owner had not received special valuation or other monetary benefits in connection with the alterations associated with the certificate of approval. (Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2859 § 4, 2004).

17.30.120 Issuance of certificate of approval – Effect on other permits or approvals.

A. Issuance of a certificate of approval by the director does not constitute or imply approval of any other permit or approval which may be required for the development. For Type II and Type III applications requiring design review and issuance of a certificate of approval in accordance with this chapter, the certificate of approval shall be included in the staff report and recommendation transmitted to the decisionmaker or hearing body pursuant to PTMC 20.01.220. Upon approval by the designated decisionmaker or hearing body, the certificate of approval issued by the director shall be incorporated by reference within, and constitute a component of the conditions and requirements of any other permit issued by the city.

B. No provision of this chapter shall be interpreted as limiting the authority of the hearing body or decisionmaking body to impose conditions as authorized elsewhere in this title, or in accordance with any formally adopted plans, regulations or policies of the city, including but not limited to PTMC Title 19, Environmental Protection.

C. Any development or municipal improvements subject to the provisions set forth in this chapter shall also be subject to the use, bulk, dimensional and density requirements contained elsewhere in this title, all other applicable provisions of this title, and any other applicable provisions of state or local laws, rules, regulations or ordinances.

D. Nothing in this chapter shall be construed as delegating either the HPC or its committees with any quasi-judicial, executive or legislative power, authority or responsibility. (Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2859 § 4, 2004).

17.30.130 Appeals.

A. Process. Appeals of a decision of the director to grant, deny, or attach conditions to a certificate of approval shall be made in accordance with the appeal provisions set forth in Chapter 20.01 PTMC for Type I-A decisions (administrative approval, with appeal by applicant or party of record to the hearing examiner).

B. Standard of Review. In making its decision on the appeal, the hearing examiner shall accord substantial weight to the decision of the director. In the event the hearing examiner denies the appeal and affirms the decision of the director, the hearing examiner shall adopt written findings of fact and conclusions in support of its decision. In order to grant any appeal from the decision of the director, the hearing examiner must find that the decision was clearly erroneous or that the director failed to adhere to the design standards established by this chapter. (Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2859 § 4, 2004).

17.30.140 Historic overlay district and historic places – Design standards.

In reviewing development or municipal improvements subject to this chapter, the HPC and the director shall apply, and development or improvements construction shall follow and conform with the following standards, as applicable:

A. The Secretary of the Interior’s “Standards for the Treatment of Historic Properties, with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings” (1995), including all amendments;

B. The Secretary of the Interior’s “Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings” (1997), including all amendments;

C. Developments or municipal improvements regulated by this chapter that are located in the downtown historic commercial C-III district should also be subject to the guidelines contained in “Water Street Historic District: A Field Report of the National Trust for Historic Preservation,” reprinted in 1977;

D. The waterfront subdistrict design review standards set forth in PTMC 17.30.150;

E. The uptown commercial subdistrict guidelines set forth in PTMC 17.30.155;

F. The historic residential design guidelines as set forth in PTMC 17.30.158; and

G. The standards, where applicable, that are contained within the historic preservation design guidelines manual adopted pursuant to PTMC 17.30.160. (Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2871 § 2, 2004; Ord. 2859 § 4, 2004).

17.30.150 Waterfront subdistrict – Additional design standards.

In its review of development or municipal improvements occurring within the waterfront subdistrict of the historic overlay district, the HPC and the director shall apply the following design standards in addition to those set forth in PTMC 17.30.140.

A. General Standards.

1. City Form.

a. Designs should acknowledge the role of the shoreline and the bluff as the traditional determinants of the form of the city’s development by preserving and continuing the linear organization of the city between the shoreline and the bluff.

b. Designs should assist the redirection of the city’s focus to the waterfront by enhancing public access to the waterfront, creating public open spaces oriented to the waterfront, and encouraging waterfront uses and activities which are consistent with the carrying capacities of the aquatic environment.

c. New buildings or redeveloped buildings shall preserve and enhance the city’s pyramidal form through compliance with the special height overlay district regulations set forth in Chapter 17.28 PTMC.

d. New development or redevelopment shall follow and enhance the unique character of its environs through compliance with the design standards set forth for the specific waterfront subdistricts set forth in subsection B of this section.

e. New development should recognize the city’s historic architectural heritage through the use of building materials, construction methods, building proportions and architectural devices compatible with those used in existing buildings, but should not attempt to replicate existing historical buildings.

f. In the development of streets and parking areas, functional requirements for vehicular movement and parking should not compromise the safety of or inhibit the movement of pedestrians. Streets should have easy and well-marked pedestrian crossings. Parking lots should be small, incremental, well-lit and secure. Pedestrian movement should be enhanced through the location of landscaping, lighting and signage.

2. City Connections.

a. Property owners are encouraged to make available areas within and around developments where monuments and markers can be established by the city to commemorate historic people and events, mark places of urban celebration, and give visual orientation to users of the city.

b. Designs shall protect views of the water and the bluff through compliance with the shoreline master program, the special height overlay district regulations set forth in Chapter 17.28 PTMC, and other design standards established pursuant to this chapter.

c. Any new development or redevelopment of properties adjacent to the shoreline shall comply with the policies and performance standards of the shoreline master program and the Washington State Department of Ecology Shorelands and Coastal Zone Management Program Shoreline Public Access Handbook, relating to visual and pedestrian access to and along the waterfront. In furtherance of those policies, public access to and along the waterfront should be coordinated and linked with other public access to create a continuous public walkway along the waterfront described in the plan as the “Waterwalk.”

d. Designs should include and incorporate visual and physical connections between pedestrian spaces and public access areas which encourage easy and inviting movement between adjoining spaces. Designs should incorporate views through developments, where feasible.

e. Any redevelopment of existing public rights-of-way and public access connections along the bluff line should preserve, create and enhance vehicular and pedestrian connections between the downtown and uptown areas of the city. Where these conflict, pedestrian considerations should prevail.

3. Civic Spaces.

a. Streets should be designed to function as public open spaces bordered by buildings, in addition to facilitating traffic movement. Buildings should be designed to enhance the pedestrian experience through the use of such features as building articulation (i.e., variations in building materials, surface texture, windows, doors, porches and other facade features), landscaping, lighting and signage without encumbering the efficient movement and parking of vehicles.

b. Development at street intersections should enhance intersections in ways that extend beyond functional needs through the location of building entries and the incorporation of building details, street lighting, landscaping and signage which respect and conform to the character of existing structures at the intersection.

c. Designs are encouraged to make natural areas and open space accessible to the public in ways that do not destroy or endanger wildlife habitats or water quality. Designs should utilize lighting, furniture and landscaping in a way that natural areas and open spaces can be used in a safe and secure manner. Where possible through public/private partnerships, vacant lots within the city, until developed, should be made available as parks and courtyards which are accessible to citizens and visitors.

d. Open spaces and enclosed or sheltered public spaces should be designed to be flexible and to accommodate a variety of functions, including both organized use, such as outdoor concerts and group gatherings, and casual use.

e. Public open spaces created within the urban waterfront area should incorporate appropriate landscape and hardscape elements in accordance with the character of the subdistrict and the natural environment within which the development is being designed.

f. Street furniture, lighting and signage should be designed in accordance with the character and predominant theme of the subdistrict in which it is located.

4. New Buildings.

a. New construction should preserve and continue the traditional block development pattern of the city by creating buildings that follow in scale and proportion the traditional modularity of existing block faces with buildings constructed to street property lines and main access from the street. In areas immediately adjacent to traditional blocks where the traditional block pattern has not been followed, new development and redevelopment should be designed with the same scale and proportions as would be found within the traditional block pattern with buildings constructed to the property line and main access from the street.

b. New structures built between or among existing structures should reflect the principles of design of the surrounding buildings in proportion, composition and detail. To accomplish these goals, building designs should adhere to the following: proportions of the facade should be similar to those of adjacent buildings; existing cornice lines should be continued; storefronts should be aligned; and windows, storefronts and other openings should be in the same proportions as those of adjacent buildings both on upper and ground floor levels.

c. Design facades for new buildings should build on the qualities of existing facades with predominant attention given to the design integrity of the vertical wall.

d. Designs which incorporate artificial or synthetic decorative detail to replicate historic precedent are discouraged, while designs which utilize traditional materials and craftsmanship to create the same quality and detail that is fundamental to the historic buildings of the district are encouraged.

e. In new development or redevelopment building materials should be limited to those predominant materials used in the existing structures within the particular subdistrict as defined in PTMC 17.30.040. Synthetic or artificial materials are discouraged in exterior applications.

5. New Additions to Existing Buildings.

a. New additions to existing buildings should be designed first to fit the context of the existing building to which they are attached and secondly into the block within which they are built.

b. New additions to existing buildings should be good “background” additions, which respect and support the existing structure, rather than an “image” addition, which would depart significantly in architectural style.

c. New additions to existing buildings should preserve significant historic materials and features by avoiding construction on a primary or other character-defining elevation. The loss of historic material comprising external walls, internal partitions and floor plans should be minimized.

d. New additions to historic buildings should be compatible with the size, scale, massing and proportion of the historic building to ensure that the historic form is not expanded or changed to an unacceptable degree. Where possible, new additions should be placed on an inconspicuous side or rear elevation so that the new work does not result in a radical change to the form and character of the historic building. New additions, including additional stories, should be set back from the wall plane or roof line to preserve the historic building’s form and to allow the new work to be distinguished from the existing.

e. New additions to historic buildings should be designed in a manner that provides some differentiation in material, color, and detailing so that the new work does not appear to be part of the historic building. The character of the historic resource should be identifiable after the addition is constructed.

B. Specific Subdistrict Standards.

1. Ferry Retail Subdistrict.

a. New development should acknowledge and continue the continuity of the street facade and the predominance of ground level street-front retail bays along Water Street and enclose or otherwise conceal parking facilities.

b. Street landscaping shall be similar to existing landscaping on other areas of Water Street, including the planting of trees. Landscaping shall be used along the waterfront to screen utility structures, such as dumpsters, oil tanks, and service entrances, from public view.

c. Towers of no larger than 100 square feet in plan may exceed the building height limit by a maximum of 10 feet; provided, that no building shall exceed a total of 50 feet.

d. Brick and sheathing materials used in all new construction shall be compatible in color, texture and size with materials used in existing structures within the adjacent areas of the historic overlay district.

e. Building color, signage, lighting and landscaping shall be compatible with, and similar to, those of existing structures within adjacent areas of the historic overlay district.

f. Designs should encourage and facilitate public access on the water-side of the ferry retail district.

g. New development shall provide a similar block pattern as found in the adjacent areas of the historic overlay district. Buildings should be built to the property line along the following view corridors: Water Street; Polk Street; Fillmore Street; Harrison Street; and Van Buren Street. Elements occurring in public rights-of-way, such as signs, fountains and monuments, shall be low in form with vertical elements limited to slender obelisks.

2. Historic Commercial District.

a. Designs which provide water access, walkways and other water-side improvements are encouraged.

b. Designs should preserve and restore public art and historic signage and art on existing buildings.

c. Towers of up to 100 square feet in plan may exceed the height limit by 10 feet, excluding finials or other architectural features of not more than five feet; provided, that no building shall exceed a total of 50 feet.

3. Civic District.

a. Streetscape design shall comply with the Streetscape Design/Main Street Project Manual adopted January 17, 1989, by Ordinance 2143, including any amendments.

b. Brick that is compatible in color, texture and size with brick used in existing structures in this subdistrict should be the dominant building material used in any future construction.

c. Designs should protect the view corridors along the Water Street axis to Point Hudson and the Madison Street axis from Memorial Field to the City Dock through compliance with the height restrictions set forth in Chapter 17.28 PTMC. Buildings framing these view corridors are encouraged to be built to the street property lines. Elements occurring in public rights-of-way, such as signs, fountains and monuments, should be low in form with vertical elements limited to slender obelisks.

d. City Hall should remain the dominant feature of the cityscape in this subdistrict. No building shall be erected in this subdistrict that is greater in height than City Hall. Buildings adjacent to or adjoining City Hall shall be of lower height and building facades shall be designed with less detail and ornamentation than City Hall to defer to the architectural significance of City Hall. Buildings connected to City Hall shall not directly abut City Hall at the street property line, but shall be set back at least five feet from the property line for a length of at least five feet.

4. Point Hudson Marina District.

a. New development or redevelopment should be compatible in style, height, size, proportions and material used with the former Coast Guard and shipyard buildings in this subdistrict. However, new developments are also encouraged to provide a transition to the civic district and the historic commercial district by incorporating features of those subdistricts, such as building materials and construction styles, in the design.

b. Buildings more than 30 feet in length or width shall be designed to give the appearance of groups of small buildings by varying building height, massing, setbacks, and facade features, such as windows and doors, every 30 feet along the length of the building.

c. Towers of up to 100 square feet may exceed the height limit by 10 feet; provided, that no building shall exceed a total of 50 feet.

d. Public access to and along the shoreline is encouraged in all new development in this subdistrict.

e. Mixed use projects incorporating both water-dependent and water-related uses as those terms are defined in the plan are strongly encouraged.

f. New parking facilities and additional roads should be minimized. (Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2859 § 4, 2004).

17.30.155 Uptown commercial subdistrict – Additional design standards.

In its review of development or municipal improvements occurring within the uptown commercial subdistrict of the historic overlay district, the HPC and the director shall apply the following design standards in addition to those set forth in PTMC 17.30.140.

A. Uptown Form.

1. New development in the uptown commercial subdistrict should assist in promoting the city’s objectives to encourage economically viable multistory development, to foster additional housing in uptown, and to minimize negative impacts of commercial development on adjacent single-family residences.

2. New development or redevelopment shall follow and enhance the unique character of uptown through compliance with the design standards set forth for the uptown commercial subdistrict. Redevelopment and/or additions to existing buildings shall follow these guidelines, and the Secretary of the Interior’s “Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings” (1997), including all amendments.

3. New development or redevelopment must demonstrate that the proposal reflects the uptown C-III district’s general historic character that is typified by neighborhood-oriented, vernacular, utilitarian architecture.

4. Projects should be compatible with the scale of development of the surrounding buildings and should be sited and designed to provide a sensitive transition to nearby, less intensive zones. Projects on zone edges should be developed in a manner that creates a step in perceived height, bulk, and scale between the subject site and the development potential of the adjacent zones.

5. New development should recognize the city’s historic architectural heritage through the use of building materials, construction methods, building proportions and architectural devices compatible with those used in existing buildings, but should not attempt to replicate existing historical buildings. While the intent is not to produce historic replicas or a false sense of historicism, new buildings also should not include forms or features that dramatically conflict with surrounding buildings. In general, new buildings should reflect the following guidance:

a. Avoid unique, attention seeking elements such as complex geometries, large non-rectangular windows, fully glazed facades, etc. Buildings in uptown are generally “background buildings” in that they are not ostentatious in themselves but together create a pleasant composition along the street. New buildings should enhance that composition rather than disrupt it.

b. Details and elements that are found in the district such as modest cornice articulation, simple window groupings, multi-paned windows and standard wood millwork are encouraged where appropriate.

c. A mix of contemporary and traditional materials and details for small elements such as signs, doors, lights, etc., may be appropriate.

d. Although the traditional building configuration is the building facade facing directly on the street front with building modules reflecting a 55-foot property width, other configurations, such as small courtyards and gardens, recessed entries, notched or recessed building facades with small pedestrian open spaces, are also present and may be appropriate for new buildings.

e. Roof decks, roof gardens, and balconies may be appropriate and have the advantage of increasing human activity and “eyes on the street” for security.

6. Buildings with a public use or prominent community activity may deviate from the principles of subsections (A)(5)(a) through (e) of this section, to add variety and local landmark qualities. It is recognized that the uptown district will evolve over time.

7. In the development of streets and parking areas, functional requirements for vehicular movement and parking should not compromise the safety of or inhibit the movement of pedestrians. Pedestrian movement should be enhanced through the location of landscaping, lighting and signage.

B. Height, Bulk and Scale Compatibility.

1. Buildings shall be designed to ensure that building massing, height and scale provide sensitive transition to adjoining residential neighborhoods.

2. New commercial development in the uptown commercial subdistrict should minimize negative impacts of the height and bulk of tall buildings on adjacent single-family residences, including impacts of shade, shadow and loss of privacy.

C. Architectural Design, Elements and Materials.

1. New development should locate windows, skylights, open spaces and decks to take advantage of southern exposure. Buildings and canopies should be designed to utilize natural light and to reduce energy costs.

2. Building elements shall be included as part of building facade to “break up” the facade, not necessarily in a repetitive pattern, to reduce the perceived scale of larger buildings. “Building elements” shall consist of larger building pieces that affect the shape of the building envelope, and include balconies, porches, turrets, bay windows, entrances, overhangs, dormers, inset entrances, etc. “Building elements” are not the same as “building details” such as brackets, decorative elements, and wall lighting, etc.

3. All buildings should be designed to have a clear top, middle, and base. Blank walls are not allowed on front facades facing Lawrence Street.

4. The primary entrances of buildings shall be identified and highlighted through architectural details, lighting, and signage. The design of buildings shall enhance the relationship between buildings and streets by creating easily identifiable building entrances.

D. Transparency.

1. Buildings on Lawrence Street shall provide generous amounts of windows to create ground floors with a transparent quality in order to provide visual interest.

2. Windows shall cover at least 50 percent of the facade area (as measured from grade to eight feet above grade) facing the primary street and also the secondary street on corner lots. The standard shall be applied to each individual street facade. Windows are also encouraged on upper floors.

3. Windows shall not consist of reflective glass.

4. Windows should begin at least 12 inches above grade rather than continue down to grade level (or otherwise as required by the Americans with Disabilities Act).

5. The city may permit building facades with less transparency, provided the project features an exceptionally attractive pedestrian element, such as a special entry with plaza, marquee, or other element approved by the city.

E. Protection from Elements.

1. Buildings on Lawrence Street should provide weather protection at least five feet wide along at least 75 percent of the building’s front facade along Lawrence Street.

2. Wider weather protection features are encouraged to provide for outdoor seating areas.

3. The weather protection may be in the form of awnings, marquees, canopies, or building overhangs. Gaps in the covering are allowed to provide for visual variety in the facade through the use of architectural features and/or landscaping components.

F. Mechanical Equipment, Service Areas and Parking.

1. Mechanical equipment, loading areas, trash, and recycling containers shall be located and/or screened to minimize their visibility from residential neighbors and the public view from adjacent rights-of-way.

2. Refuse and storage containers shall be screened with built and/or landscaped confinements.

3. Refuse and storage areas should be located to the rear or side of the property and away from adjacent streets and residential property.

4. Service and loading areas should be located to the rear or sides of buildings away from adjacent streets, but shall be designed for convenient use.

5. Rooftop mechanical equipment shall be concealed from view by a roof form integrated with the overall architecture of the building, either by locating the equipment within the structure or concealing it from ground level view behind a parapet.

6. Views of rooftop equipment from nearby hillsides shall be minimized.

7. Noise producing mechanical equipment such as fans, heat pumps, etc., should be located and/or shielded so that noise reaching the adjacent properties and the public right-of-way is minimized. The applicant must demonstrate that this standard is achieved by providing equipment specifications and/or calculations of noise impacts.

8. Parking access from Lawrence Street is not allowed if there is another alternative.

9. All parking lots immediately adjacent to residential properties shall be screened from view with a sight obscuring combination of fence, wall and/or landscaping. The city may consider alternate means of screening, provided they meet the intent of providing a full visual screen. (Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009).

17.30.158 Historic residential development – Additional design standards.

In its review of residential development designated or eligible to be designated on the Port Townsend list of historic places occurring within the historic overlay district, the HPC and the director shall apply the following design standards in addition to those set forth in PTMC 17.30.140.

The standards shall only apply to the work or alteration for which a permit is sought, and shall not be applied to require an owner to change or restore other existing conditions or improvements to meet these standards.

A. General Standards.

1. Principal Facades. The principal historic facade(s) of residential development shall be preserved. A principal facade shall be defined as a facade that fronts on any adjacent public right-of-way (not including alleys). Minor alterations that do not adversely affect the integrity of the principal facade may be permitted; provided, that the proponent can demonstrate that the minor alteration is necessary to accommodate the continued viable use of the residence. Examples of allowable minor alterations include: accommodations to meet life/safety requirements, the use of new materials when historic materials are no longer available, are structurally impractical and/or are energy inefficient; provided, that the new materials match the historic use closely. Functional adaptation of identified principal historic facades may be permitted; provided, that the adaptation is the minimum and least obtrusive necessary and still meets the Secretary of the Interior’s “Standards for the Treatment of Historic Properties, with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings” (1995), including any amendments, to accommodate continued use.

2. New Additions. To preserve the character and integrity of principal historic facades, any proposed additions to a historic residence shall be located to the rear or side of the subject property consistent with the following requirements:

a. Proposed side additions shall be set back a minimum of 10 feet from the building line of the principal historic facade(s).

b. In the case of historic residences that are located on corner lots that have two principal historic facades, additions shall only be permitted on the side containing a nonprincipal historic facade.

c. Additions that expand the residence by increasing the vertical height of the structure shall be set back a minimum of 10 feet from the building line of the principal historic facade(s).

d. Additions shall be harmonious with the design of the historic residence, shall clearly be of their own period and shall not be imitative of the original historic design.

e. Proposed additions shall be subordinate design elements that are supportive of the integrity of the original historic residence.

3. Accessory Structures. Accessory structures such as garages, ADUs or other similar structures shall be located to the rear or side of the subject property consistent with the following requirements:

a. Proposed accessory structures shall be set back a minimum of 10 feet from the building line of the principal historic facade(s).

b. In the case of historic residences that are located on corner lots that have two principal historic facades, accessory structures shall be permitted on the side containing a principal historic facade; provided, that their proposed location minimizes view blockage of the historic facade from the adjacent public right-of-way.

B. Specific Standards – Pivotal Residences. In its review of residential development of residences designated or eligible to be designated as pivotal under this chapter, the HPC and the director shall apply the following design standards in addition to those set forth in PTMC 17.30.140 and subsection A of this section:

1. Exterior additions or modifications to pivotal structures shall be designed in a manner that maintains and does not destroy the preexisting elements that characterize the building’s historic integrity.

2. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

3. The present height of the existing structure shall remain intact. Any additions or modifications would not exceed the roof line of the original structure.

4. Compatible materials that respect the visual appearance of the existing structure shall be used.

5. Patterns and orientation of door and window openings represented in the existing structure shall be respected.

6. Additions and new construction shall be located to conceal them to the extent possible from the street level view from the adjacent right-of-way. For corner lots, the additions and new construction shall be located to make them as unobtrusive as possible from the view from the adjacent rights-of-way, and preserve to the maximum extent possible the principal facades.

7. The present roof pitches of the existing structure shall be maintained where such element is visible from the adjacent right-of-way.

8. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

9. New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

C. Specific Standards – Primary Residences. In its review of residential development of residences designated or eligible to be designated as primary under this chapter, the HPC and the director shall apply the following design standards in addition to those set forth in PTMC 17.30.140 and in subsection A of this section:

1. Exterior additions or modifications to a primary structure shall be designed in a manner that maintains the preexisting characteristics that contribute to the building’s historic integrity. These characteristics include the massing, scale, height and architectural features of the structure.

2. Exterior additions or modifications may be permitted to the side or rear of the building; provided, that the scale and architectural details of the principal facades are preserved.

3. Additions to primary structures shall be designed in a manner that is consistent with the Secretary of the Interior’s Standards for Rehabilitation and shall be secondary and supportive elements to the preexisting structure.

4. Additions and new construction shall be located to make them as unobtrusive as possible from the view from adjacent rights-of-way.

D. Specific Standards – Secondary Residences. In its review of residential development of residences designated or eligible to be designated as secondary under this chapter, the director shall apply the following design standards in addition to those set forth in PTMC 17.30.140 and subsection A of this section:

1. Restoration activities that remove materials (siding, roofing, etc.) and/or features (doors, windows, etc.) that are inappropriate to the historic period in which the subject property was built are strongly encouraged. Replacement materials and/or features shall closely approximate appropriate historic design but are not required to be exact reproductions of those found on the residence at the time of initial construction. (Ord. 3037 § 1 (Exh. A), 2010).

17.30.159 Historic residential departures.

A. Departure – Intent. An “historic residential departure” is a request by the owner of a contributing historic home for relief from a particular design guideline “objective” or dimensional requirement through the use of an alternative technique or standard not otherwise permitted by a strict interpretation of the code. Departures allow expansions/renovations of historic homes to better fit into their immediate site or neighborhood context without a significant loss of architectural integrity or neighborhood character.

B. Departures – Allowed in Limited Situations. Departures from PTMC 17.30.158, Historic residential development – Additional design standards, and the requirements of Table 17.16.030, Residential Zoning Districts – Bulk, Dimensional and Density Requirements, may be permitted for historic residential development as part of the design review process. Through the design review process established by this chapter, departures may be allowed from the following design guidelines and/or bulk and dimensional standards:

1. Location of proposed additions;

2. Location of proposed accessory structures;

3. Building setbacks;

4. Modulation requirements;

5. Lot coverage requirements;

6. Daylight plane requirements.

C. Departure Approval Criteria. In order for a departure from a design guideline or development standard to be allowed, an applicant must demonstrate that the proposal is consistent with the criteria in subsections (C)(1) through (5) of this section:

1. The proposed departure does not significantly detract from the historic character and nature of the historic residential property for which it is proposed;

2. The proposed departure is consistent with the existing land use pattern with regard to the standard being varied;

3. The proposed departure does not interfere with or negatively impact existing and permitted uses within the zoning district it occupies;

4. The proposed departure does not constitute a threat to the public health, safety and general welfare within the city;

5. The proposed departure is minor in nature and would not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zoning district in which the subject property is located.

D. Departure Notice and Approval Process.

1. The following departure requests are processed as Type I-A actions (administrative without notice; administrative appeal by applicant only) established in Chapter 20.01 PTMC:

a. Location of proposed additions;

b. Location of proposed accessory structures;

c. Modulation requirements.

2. The following departure requests shall be processed as Type II actions (administrative approval, with mailed and posted notice; appeal by applicant or party of record to the hearing examiner), and notice shall conform to the requirements of PTMC 20.01.150:

a. Building setbacks;

b. Lot coverage requirements;

c. Daylight plane requirements.

E. Outcome of Review. The certificate of review shall include any decision on a departure request, including any conditions.

1. Pivotal and Primary Residences. For pivotal and primary residences:

a. A completed review form or checklist will comprise the recommendation from HPC to the PCD director including whether the approval criteria for a departure have been met.

b. The director shall not act upon the recommendation of the HPC for a period of seven days. During this seven-day period, interested citizens or aggrieved parties may request in writing a “reconsideration” of the HPC recommendation. Such reconsideration requests shall be made in writing, shall state the reasons why a reconsideration request is made, and the relief sought. Upon review of the HPC’s recommendation, and after reviewing any requests for reconsideration, the director may:

i. Issue the certificate of review, including any modifications, conditions, or denial of approval; or

ii. Return the project to the HPC with directions for additional review.

c. To be approved, the director shall deliberate upon HPC’s findings, conclusions, and recommendations, according substantial deference and great weight to the same.

2. Secondary Residences. For secondary residences, the director shall review the departure request and determine if the approval criteria for a departure have been met, and issue the certificate of review, including any modifications, conditions, or denial of approval. Nothing prevents the director from requesting HPC recommendation on the request. (Ord. 3287 § 5, 2022; Ord. 3037 § 1 (Exh. A), 2010).

17.30.160 Historic preservation design guidelines manual adopted – Purpose – Administration.

A. Historic Preservation Standards Manual Adopted. The standards and requirements contained in the Port Townsend historic preservation design guidelines manual, as it now exists or is later amended, are hereby adopted, incorporated by reference herein, and made applicable to all developments and municipal improvements regulated under this chapter, except for projects that are exempted from the regulations of this chapter. The Port Townsend historic preservation design guidelines manual currently contains the following sections:

1. Summary of Secretary’s Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, including all amendments;

2. Design Review Guidelines – Overall;

3. Uptown commercial subdistrict;

4. Design Guidelines for Signs in the Special Overlay Design Review District and National Landmark Historic District;

5. Port Townsend’s National Landmark Historic District Approved Color Palette;

6. Design Guidelines for Awnings in the Special Overlay Design Review District and National Landmark Historic District;

7. Design Guidelines for Murals in the Special Overlay Design Review District and National Landmark Historic District;

8. Design Guidelines for Exterior Mechanical System Elements in the Special Overlay Design Review District and National Landmark Historic District;

9. Design Guidelines for Neon Signage in the Special Overlay Design Review District and National Landmark Historic District;

10. Port Townsend Historic District Streetscape Design, including any amendments thereto (adopted January 17, 1989, by Ordinance 2143; incorporated by reference in PTMC 17.30.150(B)(3), Waterfront subdistrict – Additional design standards); except for the East Downtown area, bounded generally by Quincy Street, Washington Street, Hudson Point Marina and Port Townsend Bay, and more specifically described and shown in Figure 1 of the East Downtown Streetscape Plan (January 29, 2007) (“plan”), the standards in the plan, which is hereby adopted and incorporated by reference, shall apply to the East Downtown area, and the inconsistent provisions of Port Townsend Historic District Streetscape Design and Port Townsend Urban Waterfront Plan shall be superseded for the East Downtown area. The city clerk shall maintain a copy of the East Downtown Streetscape Plan (January 29, 2007) available for public use, inspection and copying;

11. Water Street Historic District – A Field Report of the National Trust for Historic Preservation (1977) (incorporated by reference in PTMC 17.30.140, Historic overlay district and historic places – Design standards);

12. Design Guidelines for Residences.

B. Purpose. The purpose of the historic preservation design guidelines manual is to establish, in one comprehensive document, prescriptive and performance standards and procedures for developments and municipal improvements regulated under this chapter. The director may include in the manual, in addition to the adopted guidelines, other information applicable to the historic preservation design review process.

C. Procedures for Changes to the Historic Preservation Standards Manual. Upon recommendation from the historic preservation committee (HPC), the director is authorized to make minor, nonsubstantial changes and administrative processes to the historic preservation design guidelines manual without further city council approval or adoption, as follows: Such changes shall be effective 30 days after filing with the city clerk, who shall immediately after filing forward such minor changes to the city council. Significant or substantive changes to the historic preservation design guidelines manual require approval by the city council, and are only effective upon such approval. The authority to initiate minor changes to the manual granted in this subsection is in addition to the director’s authority to interpret land development codes under Chapter 20.02 PTMC.

D. Copies Available for Review and Purchase. Copies of the historic preservation design guidelines manual and all revisions thereto shall be maintained in the city clerk’s office and the planning and community development department (PCD) and shall be available for use and examination by the public, and shall be made available for purchase at the PCD. (Ord. 3287 § 5, 2022; Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2945 § 5.2, 2007; Ord. 2941 § 1, 2007; Ord. 2871 § 1, 2004).

17.30.170 Port Townsend historic district – Pivotal, primary and secondary buildings.

Repealed by Ord. 3037. (Ord. 3013 § 1 (Exh. A), 2009; Ord. 2859 § 4, 2004).

Article II. Historic Place Designation

17.30.200 Historic place designation to the Port Townsend register of historic places.

The process for designating and listing a structure on the Port Townsend register of historic places in Chapter 2.72 PTMC allows a designation with owner consent, and HPC review and decision.

In addition, the process and criteria in this article provide for a structure to be designated and listed on the Port Townsend register of historic places without owner consent. (Ord. 3037 § 1 (Exh. A), 2010).

17.30.210 Nomination for designating historic place to the register – Process.

A. Nomination. Any person may nominate a structure for inclusion in the Port Townsend register. Members of the historic preservation committee or the committee as a whole may generate nominations.

B. Application for Nomination Submittal Requirements. The nomination shall be on an application form approved by the director with information required by the director and HPC for evaluation of the application. The application for nomination shall include reference to all features which contribute to its proposed designation.

C. Process. Applications shall be processed according to the Type II process in Chapter 20.01 PTMC (director decision with appeal to hearing examiner). (Ord. 3037 § 1 (Exh. A), 2010).

17.30.220 HPC process – Review and recommendation to director required.

A. Director’s Responsibilities. Upon receipt of a completed application for nomination, the director shall:

1. Inform the owner (and if different, the applicant) of the review requirements. Notice to the owner if the owner is not the applicant shall be by both first class mail and certified mail (return receipt requested) at the addresses shown on record for the property with the county assessor;

2. Report receipt of the application to the HPC and forward the application to its members;

3. Assist the HPC in considering the criteria for determining designation in the register which may apply to the proposed nomination; and

4. Refrain from issuing any building permit prior to issuance of a certificate of designation for the proposed development or municipal improvement, which shall occur only after consideration of the HPC’s findings, conclusions and recommendation (except for exempt development, or development subject to administrative review without HPC review and recommendation).

B. HPC Meeting Required. The director, in consultation with the HPC, shall set a public meeting time and place as soon as possible to review the application according to the criteria for determining designation in the register at PTMC 17.30.250. The director shall request the applicant, and any design professionals assisting the applicant, to attend the meeting. If the applicant, or the applicant’s representative responsible for project design, fails to attend the meeting, an alternate meeting shall be scheduled by the HPC within 30 days of the initial meeting, and the director shall provide the applicant with written notification of the continued meeting.

D. HPC Recommendations – Contents. When the HPC has completed its review, it shall forward its findings, conclusions and recommendation to the director.

1. The HPC’s recommendation shall include, but not necessarily be limited to, the following information: the name of the applicant; the date the recommendation is issued; the location of the building; a brief narrative description of the building or site; a statement as to whether or not the HPC finds the building or site meets or does not meet the criteria for determining designation in the register; and any and all conditions of approval recommended by the HPC. The HPC shall also document any voluntary conditions that the applicant proposes or has made as a result of the HPC review.

E. Time Limit for HPC Review and Recommendation. Unless an extension is authorized by the applicant, the HPC shall complete its review and forward its findings, conclusions and recommendation to the director within 45 days of receipt of a complete application for a nomination. In the event that the HPC fails to issue its recommendation within such period, the director shall issue a decision without the recommendation of the HPC.

F. Nothing in this chapter shall be construed as delegating to either the HPC or its committees any quasi-judicial, executive or legislative power, authority or responsibility. (Ord. 3037 § 1 (Exh. A), 2010).

17.30.230 Certificate of designation – Director’s decision.

A. Director’s Written Decision. Upon their receipt, the director shall deliberate upon the HPC’s findings, conclusions and recommendations, according great weight to the same. The director shall then issue a written decision, with findings, that the structure meets or does not meet the criteria for determining designation in the register and shall provide a copy of the decision to all parties not later than 14 days after receipt of the HPC’s recommendation.

B. Certificate of Designation – Contents. The decision issued by the director shall include, at a minimum, the information contained within the HPC’s findings, conclusions and recommendation, shall plainly state whether the HPC’s recommendations are approved with, or without, modifications and shall include a finding or findings that the decision is based upon the criteria for determining designation in the register. (Ord. 3037 § 1 (Exh. A), 2010).

17.30.240 Appeals.

A. Process. Appeals of a decision of the director to grant, deny, or attach conditions to an application for nomination shall be made in accordance with the appeal provisions set forth in Chapter 20.01 PTMC for Type II decisions (administrative approval, with appeal by applicant or party of record to the hearing examiner).

17.30.245 Map and landmark district residential property survey adopted – Effect.

A. The city council adopts the map identified as Historic Residential Inventory (the “2010 map” dated July 12, 2010), which was prepared based on the “Historic Residential Property Inventory Methodology and Scoring System” (“2010 inventory”). The 2010 inventory, and the methodology used in the inventory and reflected on the 2010 map, is adopted by reference. The 2010 inventory is located in the Port Townsend Historic Preservation Guidelines Manual.

B. The map (the “2010 map”) updates the map prepared in the early 1970s (the “1970s map”) showing historic residences in the national historic landmark district (NHLD). When the NHLD was approved in the early 1970s by the National Park Service, it was done with reference to an inventory of historic buildings as shown on the 1970s map. The 1970s map remains in effect, except to the extent it is updated by the 2010 map.

C. Residences and structures that receive a classification of pivotal, primary, or secondary as shown on the 2010 map are considered historic.

D. Residences and structures that are considered historic as shown on the 2010 map are subject to the regulations in Chapter 17.30 PTMC, including all amendments.

E. The 2010 map and the Historic Residential Property Inventory Methodology and Scoring System (“2010 inventory”), or copies, and all revisions thereto shall be maintained in the city clerk’s office and the planning and community development department (PCD) and shall be available for use and examination by the public, and shall be made available for purchase at the PCD. (Ord. 3287 § 5, 2022; Ord. 3036 § 1, 2010).

17.30.250 Historic place – Criteria for determining designation in the register.

A. The following structures are deemed historic structures and are included or deemed eligible for designation and inclusion on the Port Townsend register:

1. Structures listed pursuant to Chapter 2.72 PTMC.

2. Structures located other than in residential zoning districts identified as pivotal, primary, secondary or altered historic on the map which accompanied the certification of the Port Townsend historic district on May 17, 1976, are prima facie historic structures and deemed eligible for designation and inclusion on the Port Townsend register.

3. Structures identified as contributing (pivotal, primary or secondary) on the map adopted by PTMC 17.30.245, and identified as “Historic Residential Inventory (July 12, 2010),” incorporated by reference.

4. Structures which meet the criteria for determining designation on the Port Townsend register of historic places, pursuant to subsection B of this section.

5. Structures listed or eligible for listing on the local, state or national register of historic places.

B. The criteria for determining designation on the Port Townsend register of historic places are set forth in the Historic Preservation Designation Manual, as it now exists or is later amended. The Historic Preservation Designation Manual is hereby adopted, and incorporated by reference herein.

Copies of the Historic Preservation Designation Manual and Historic Residential Inventory (July 12, 2010), and all revisions thereto, shall be maintained in the city clerk’s office and the planning and community development department (PCD) and shall be available for use and examination by the public, and shall be made available for purchase at the PCD.

C. Structures that may have been inaccurately designated or for which the designation may have changed since previous designation, or the map which accompanied the certification of the Port Townsend historic district on May 17, 1976, was prepared, or the Historic Residential Inventory was prepared, or on the map adopted by PTMC 17.30.245, may request a confirmation of the current designation by the director. Requests for confirmation of current historic designation shall be submitted and reviewed consistent with the requirements and process of this chapter for designation on the Port Townsend register.

D. Removal of Structure from the Register. In the event that any structure no longer meets the criteria for designation to the Port Townsend register of historic places, or the structure was inaccurately designated, or the designation of the property or structure has changed since previous designation, or changed since the map which accompanied the certification of the Port Townsend historic district on May 17, 1976, was prepared, or changed since the Historic Residential Inventory was prepared, the HPC or property owner may initiate removal of such designation by the same procedure as provided for in this chapter establishing the designation.

E. Effects of Listing on the Register.

1. Listing on the Port Townsend register of historic places is an honorary designation denoting significant association with the historic, archaeological, engineering, or cultural heritage of the community; and

2. Design review by HPC of local register properties shall be limited to the scope established in this chapter.

F. Maintenance of the Local Register. The list of properties on the local register of historic places shall be maintained by PCD.

G. Eligible Property for Special Tax Valuation. For the purposes of historic property tax valuation authorized as a duty of the committee under PTMC 2.72.060(A), the class of eligible property is:

1. Property within the city’s C-III zoning district; and

2. Property listed on the local register of historic places. (Ord. 3287 § 5, 2022; Ord. 3037 § 1 (Exh. A), 2010).

17.30.260 Termination of proceedings.

In any case where a structure is nominated for designation and thereafter the director determines to approve or not to approve such nomination, or where a proceeding to remove a property or structure has led to a decision to remove or not remove the property or structure from the Port Townsend register of historic places, such proceeding shall terminate and no new proceeding under this chapter may be commenced with respect to such property or structure (even if ownership has changed) within five years from the date of such termination, provided, if such proceeding results in a determination that a structure is not eligible for designation, proceedings to designate the property may occur within five years with the written agreement of the owner. (Ord. 3037 § 1 (Exh. A), 2010).

17.30.270 Exemption from permit timelines.

Pursuant to RCW 36.70B.140, the city excludes the entire designation process for nomination, including any review of the director’s decision by the hearing examiner, from the time limits and the other provisions of RCW 36.70B.060 through 36.70B.080 and the provisions of RCW 36.70B.110 through 36.70B.130. (Ord. 3037 § 1 (Exh. A), 2010).

17.30.280 Requirement of certificate of approval.

After the filing of a nomination with the director and thereafter as long as proceedings for a designation are pending, a certificate of approval must be obtained before the owner may make alterations or significant changes to specific features or characteristics of the structure which are identified in the nomination. (Ord. 3037 § 1 (Exh. A), 2010).

Article III. Demolition Standards¹

17.30.300 Declaration of purpose.

The purpose of this article is to regulate demolition and provide for the retention of historic structures that reflect the city’s architectural, artistic, aesthetic, historical, economic and social heritage. (Ord. 3037 § 1 (Exh. A), 2010).

17.30.310 Definitions.

A. Definition – Demolition.

1. “Demolition (or partial demolition)” means the destruction or removal, or relocation, of a building or structure, in whole or in part.

2. Demolition (or partial demolition) pertains to the demolition of significant features of a building that are important to defining the building’s or structure’s historic character.

3. Demolition (or partial demolition) does not include the removal of past additions for the express purpose of restoration of a structure to its historic appearance, form, or function.

Demolition (or partial demolition) does not include the destruction or removal of portions of a building or structure that are not significant to defining its historic character, or that is allowed pursuant to design review application approved pursuant to PTMC 17.30.080. This exclusion is valid so long as the demolition is done as part of a design review application approved pursuant to PTMC 17.30.080. (Ord. 3037 § 1 (Exh. A), 2010. Formerly 17.30.085(A)).

17.30.320 Certificates of approval – Demolition.

A. General Requirements. Prior to the partial or complete demolition (as defined in PTMC 17.30.310) of a building or structure regulated under this chapter, the applicant must obtain a certificate of approval for the proposed demolition.

B. Exemption – City Abatement of Unsafe Conditions. In the event of a finding by the city building official of an unsafe condition, the building official may issue an abatement order allowing partial or complete demolition (as defined in PTMC 17.30.310) of a structure otherwise regulated under this chapter; provided, that all reasonable efforts have first been made to preserve and correct unsafe conditions rather than to partially or completely demolish valuable buildings or structures.

C. SEPA Authority. In addition to the requirements of this article, the city retains substantive authority under the State Environmental Policy Act (Chapter 43.21C RCW) to review, condition or deny any proposed demolition based upon the identification of probable, significant adverse environmental impacts of the proposal. (Ord. 3037 § 1 (Exh. A), 2010; Ord. 3013 § 1 (Exh. A), 2009; Ord. 2859 § 4, 2004. Formerly 17.30.060).

17.30.330 Preapplication conference mandatory.

All applications for a certificate of approval under this chapter that involve demolition or partial demolition shall not be accepted by the director unless the project proponent has scheduled and attended a preapplication conference with planning and community development department staff and a representative of the HPC. The purpose of the preapplication conference is to acquaint the project proponent with the requirements of this chapter and to provide preliminary comments on the acceptability of the proposal. (Ord. 3287 § 5, 2022; Ord. 3037 § 1 (Exh. A), 2010).

17.30.340 Application.

Unless waived by the director, applicants proposing the demolition of any building or structure regulated under this chapter shall supply the information required under PTMC 17.30.080 and the information set forth in this article. The information to be provided relates only to the property or building under review. The information to be provided does not require information concerning an owner’s assets or income, except as it specifically relates to the property or building under review.

A. Where demolition of the building is sought due to unsafe conditions, the applicant shall supply a report from a Washington-licensed structural engineer that substantiates that the building thereof is imminently dangerous to the public.

B. Where demolition of the building is sought for reasons other than unsafe conditions, the applicant shall supply a report from a Washington-licensed structural engineer and a financial analyst or economist with demonstrated competence in the field, demonstrating that maintenance of the building or structure or any important features thereof proposed for demolition will impose an economic hardship upon the owner, rendering it impracticable to renovate, restore or reuse the structure, and rendering it economically infeasible to renovate, restore, or reuse the structure in comparison to the economic value of the proposed redevelopment. The report shall analyze the reasonable economic alternatives to demolition, including redevelopment for uses permitted by city code, and an analysis showing whether the redeveloped property is capable of providing a reasonable economic return upon completion of reasonable renovation or repair activities. The report shall also contain the following information:

1. Current level of economic return including the amount paid for the property, date of purchase, party from whom purchased and the relationship between the current owner of record, the applicant and the person from whom the property was purchased;

2. Annual gross income from the property for the previous three years, itemized operating and maintenance expenses for the previous three years, and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

3. Remaining balance on the mortgage or other financing secured by the property, real estate taxes paid on the property for the previous four years, and the most recent assessed value of the property;

4. All appraisals obtained within the previous three years by the owner in connection with the purchase, financing or ownership of the property;

5. Any listing of the property for sale or rent, price asked for and offers received, if any, within the previous two years;

6. Fair market value of the property at the time of application;

7. Whether the remainder of the site is capable of economically viable development even if the structure is required to remain on the site.

C. Scaled architectural renderings, drawings and plans of sufficient detail showing the replacement buildings or structure proposed to be built on the site upon completion of demolition work. “Sufficient detail” means detail to allow conceptual review. (Ord. 3037 § 1 (Exh. A), 2010. Formerly 17.30.085(B)).

17.30.350 Waiver – Advance determination.

The director, following recommendation of HPC, may waive the requirements in this article pertaining to demolition, in advance and in writing of any demolition, if the structure is not designated or eligible for designation and inclusion on the Port Townsend register.

An applicant seeking demolition shall be entitled to a determination whether the proposal is entitled to a waiver without having to submit drawings or plans of the proposed replacement or remodeled structure. In addition, an applicant may seek a determination whether a demolition constitutes a significant alteration of a structure, for purposes of determining if the demolition standards of this chapter apply. In these situations, the applicant shall submit such information as determined by the PCD director is necessary to review a proposed demolition. A decision by the city on this application shall be effective for a period of five years from the date of the city’s decision and, if an application for a certificate of approval is filed within five years, such additional amounts of time as are necessary to process the application. (Ord. 3287 § 5, 2022; Ord. 3037 § 1 (Exh. A), 2010. Formerly 17.30.085(C)).

17.30.360 Applications for demolition.

Applications for demolition, where no waiver as determined by the PCD director applies, shall be processed as follows:

A. HPC shall provide recommendation on whether the demolition meets applicable criteria and (as applicable) a recommendation on design review for the replacement building or structure. HPC may appoint a subcommittee and delegate to the subcommittee authority to advise and make recommendations to the director with respect to applications involving demolition.

B. The PCD director shall issue a written decision, granting, granting with conditions, or denying the application. The decision shall contain an explanation of the director’s decision.

C. Notice of the director’s decision shall be mailed to any person who, prior to rendering the decision, made a written request to receive notice of the decision or submitted written substantive comments on the application.

D. The time limits set forth in PTMC 17.30.100 apply to this article.

E. The process relating to Type II decisions (administrative decision with appeal to hearing examiner) applies, except as modified by this article. A party of record may appeal the final decision of the independent expert to the hearing examiner in the manner provided by PTMC 17.30.130. A determination that the application is or is not detrimental to the historic character of the district is appealable directly to the hearing examiner, without the applicant having to submit drawings or plans of the proposed replacement or remodeled structure, in the manner provided by PTMC 17.30.130. If the hearing examiner denies the applicant’s appeal, then the process set forth in this article for demolition applies. If the hearing examiner upholds the applicant’s appeal, then the process in this chapter for design review not involving demolition applies.

F. Peer Review. The director may obtain peer review of any documents or reports where the director deems it to be reasonably necessary to ensure the accuracy, effectiveness or objectivity of any of the documents, reports or measures proposed within them. A written determination from the director requiring peer review shall include, as applicable, the following information:

1. A statement giving the reason(s) peer review is necessary (e.g., why the director believes peer review is appropriate to ensure accuracy, errors of fact or law, error in judgment, objectivity, or information or new information);

2. A statement of the specific areas of the report believed to be inadequate or in error, or not sufficiently definite to allow meaningful analysis;

3. The specific information sought (such as confirmation of the structural deficiencies cited by the report, the adequacy of financial estimates given for the renovation, restoration or reuse of the building or structure, feasibility of the proposed replacement structure to actually be built, conflicting evidence, etc.).

Before requiring peer review, the director shall attempt to obtain clarification or new information from the applicant or author of the report addressing issues raised by the director.

The city shall pay for the peer review; however, if the peer review establishes that the reports submitted by the owner were not accurate to a material degree, then the applicant shall pay for the peer review.

G. The director may also consult with other agencies, requesting information on the proposal, and review of any report’s contents which lie within the other agency’s jurisdiction or expertise. (Ord. 3287 § 5, 2022; Ord. 3037 § 1 (Exh. A), 2010. Formerly 17.30.085(D), (E)).

17.30.370 Criteria for approval.

A. Except as provided in this section, an application for demolition of a building or structure regulated under this chapter shall be denied unless the application is based on the building being an imminent threat (as defined in subsection C of this section), and/or the structure is so deteriorated, and there is so little historical fabric, that it would be unreasonably costly to retain the historic, cultural, and architectural significance of the structure through rehabilitation or renovation.

B. An application for demolition of a building or structure in a commercial district (other than a building built for residential purposes) shall be allowed if:

1. The denial or partial denial will deprive the owner of reasonable economic use of the property;

2. The building, structure, or portion thereof to be removed cannot be adapted for any other use, whether by the owner or by a purchaser, which would result in a reasonable economic return;

3. There is no viable or reasonable alternative which would have less impact.

C. “Imminent threat” means the building, structure, or portion thereof to be removed constitutes a documented major and imminent threat or immediate danger to the public’s health and safety, or is likely to partially or totally collapse and thereby injure persons or damage property, and said demolition or removal is the only reasonable way to alleviate said threat.

D. The owner has the burden of proof to establish by clear and convincing evidence the necessary findings.

E. If application of the criteria results in a denial, but the proposed action is necessary to correct an unsafe or dangerous condition on the property, then the director may issue a permit strictly limited to correcting emergency conditions. (Ord. 3037 § 1 (Exh. A), 2010. Formerly 17.30.085(F)).

17.30.380 Certificate of approval for demolition – Conditions.

A. General Standards. A certificate of approval for demolition shall not be granted unless the following criteria have been met:

1. Conditions which provide for the owner to document the property in manner approved by the director and/or for rights of access to the property for the purposes of documentation or for agreed upon removal of materials or artifacts.

2. In addition, the director may impose a stay on issuance of the demolition permit by PCD for a period of up to 90 days to allow alternatives to demolition to be explored. A longer time period may be established, if agreed to by the applicant.

B. Standard Applicable to Demolition of a Building or Structure in a Commercial District (Other Than a Building Built for Residential Purposes). In addition to standards in subsection A of this section, a certificate of approval for demolition of a building or structure in a commercial district (other than a building built for residential purposes) shall not be granted unless the following criteria have been met:

1. The applicant has received conceptual approval for a new replacement structure with a floor area ratio (FAR) that is at least 75 percent of the FAR of the building to be demolished; and

2. The applicant has the financial ability and intent to build the proposed new structure as demonstrated by a guarantee agreement between the owner and the city. The financial arrangement or assurance acceptable to the city shall ensure or provide reasonable assurance the approved replacement structure will be built within three years of approval of the replacement design (provided the director for good cause may grant at any time an additional period of time up to one additional year). Projects subject to the shoreline master program shall comply with applicable time frames in those regulations. Said guarantee agreement must contain a covenant to construct the approved replacement structure, be recorded against the title of the land, and require the applicant to post a performance bond, letter of credit, escrow agreement or other arrangement or evidence acceptable to the city to ensure construction of the approved new structure.

C. Certificate of Approval for Demolition – Expiration. A certificate of approval for partial or complete demolition (as defined in PTMC 17.30.310) expires if the work authorized by the certificate is not commenced within 180 days from the date of issuance of the demolition permit. The director may extend the time for commencement of work upon written request by the applicant showing circumstances beyond his or her control. If the certificate of approval for demolition expires, a new application for such must be submitted and approval obtained before work can be commenced. (Ord. 3287 § 5, 2022; Ord. 3037 § 1 (Exh. A), 2010. Formerly 17.30.085(G), (H)).

17.30.390 Appeals.

Article IV. Maintenance – Demolition by Neglect

17.30.400 Maintenance – Demolition by neglect.

A. Purpose.

1. The intent of this section is to prevent the situation where an historic building is intentionally or through neglect allowed to become unsafe or deteriorate to the point that demolition by neglect occurs.

2. The requirements of this section apply to the owner of an historic property and are in addition to any requirements of the building code.

3. It is not the intent of this section to address minor building code or maintenance issues, but is intended to protect against gross violations that threaten the long-term viability of an historic structure.

4. A primary goal of the city is to preserve historic assets while at the same time making every reasonable effort to work with owners of residential properties experiencing demolition by neglect to allow the owners to continue to reside in the residence, so long as the residence is safe and habitable. To this end, the director should allow additional time as necessary and appropriate to the owner to correct defects, and work with the owner in obtaining assistance in making repairs if the owner does not have the resources to make necessary repairs.

5. The director is authorized to allow for interim protective measures that “mothball” or stabilize a structure against demolition by neglect. Such measures should be interim in nature, and should specify time frames for corrective measures that address decay and deterioration from demolition by neglect.

B. All historic structures shall be preserved against such decay and deterioration and shall be free from structural defects through prompt correction of any of the following:

1. Facades which may fall and injure members of the public or property.

2. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports.

3. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration.

4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.

5. Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering.

6. Any fault or defect in the building which renders it not properly watertight or structurally unsafe.

C. Demolition by Neglect – Notification – Process. In the event the director determines a structure is experiencing demolition by neglect, the director is authorized to give notice to the owner and/or person in charge of the specific instances of failure to maintain or repair, in accordance with the procedures in Chapter 1.20 PTMC, Code Administration and Enforcement. Except in cases of life-safety or emergency, or in cases where the owner has ignored or failed to comply with past notices, the director shall seek voluntary compliance and provide at least 60 days for voluntary correction to occur or for a plan proposed by the owner with time frames for correction to be approved by the director. (Ord. 3037 § 1 (Exh. A), 2010).

Prior legislation: Ords. 2859, 2869, 2875, 2892 and 3013.