Chapter 18.39
HISTORIC PRESERVATION
Sections:
18.39.040 Process for designating properties or districts to the Sumner Historic Register.
18.39.050 Effects of listing on the register.
18.39.060 Criteria for determining designation on the Sumner Historic Register.
18.39.070 Review of changes to Sumner Historic Register properties.
18.39.080 Removal of properties from the register.
18.39.090 Exemptions from certificate of appropriateness.
18.39.100 Review process for certificate of appropriateness or waiver.
18.39.110 Appeal of approval or denial of a waiver of a certificate of appropriateness.
18.39.120 Review and monitoring of properties for special property tax valuation.
18.39.130 Criteria for special property tax valuation.
18.39.010 Short title.
This chapter shall be known and may be cited as the “historic preservation ordinance.” (Ord. 2275 § 2 (part), 2008)
18.39.020 Purpose.
The purpose of the historic preservation ordinance is to provide for the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of city of Sumner and preserve and rehabilitate eligible historic properties within the city of Sumner for future generations through special valuation, a property tax incentive, as provided in chapter 84.26 RCW, in order to:
A. Safeguard the heritage of the city as represented by those buildings, districts, objects, sites and structures which reflect significant elements of the city of Sumner history;
B. Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on the city of Sumner history;
C. Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects;
D. Assist, encourage and provide incentives to private owners for preservation, restoration, redevelopment and use of outstanding historic buildings, districts, objects, sites and structures;
E. Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative land uses; and
F. Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. (Ord. 2275 § 2 (part), 2008)
18.39.030 Definitions.
The following words and terms when used in this chapter shall mean as follows, unless a different meaning clearly appears from the context:
A. “City of Sumner historic inventory” or “inventory” means the comprehensive inventory of historic and prehistoric resources within the boundaries of the city of Sumner.
B. “Actual cost of rehabilitation” means costs incurred within 24 months prior to the date of application and directly resulting from one or more of the following:
1. Improvements to an existing building located on or within the perimeters of the original structure; or
2. Improvements outside of but directly attached to the original structure which are necessary to make the building fully usable but shall not include rentable/habitable floor space attributable to new construction; or
3. Architectural and engineering services attributable to the design of the improvements; or
4. All costs defined as qualified rehabilitation expenditures for purposes of the federal historic preservation investment tax credit.
C. “Building” means a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings.
D. “Certificate of appropriateness” means the document indicating that the commission has reviewed the proposed changes to a local register property or within a local register historic district and certified the changes as not adversely affecting the historic characteristics of the property which contribute to its designation.
E. “Certified local government” or “CLG” means the designation reflecting that the local government has been jointly certified by the State Historic Preservation Officer and the National Park Service as having established its own historic preservation commission and a program meeting federal and state standards.
F. “Class of properties eligible to apply for special valuation in Sumner” means all properties listed on the National Register of Historic Places or certified as contributing to a National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in chapter 84.26 RCW, until city of Sumner becomes a certified local government (CLG). Once a CLG, the “class of properties eligible to apply for special valuation in Sumner” means only all properties listed on the local or National Register of Historic Places or properties certified as contributing to a local or National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in chapter 84.26 RCW.
G. “Cost” means the actual cost of rehabilitation, which cost shall be at least 25 percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation.
H. “District” means a geographically definable area, urban or rural, small or large, possessing a significant concentration, linkage, or continuity of sites buildings, structures, and/or objects united by past events or aesthetically by plan or physical development.
I. “Emergency repair” or “emergency measures” means work necessary to prevent destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster.
J. “Historic property” means real property together with improvements thereon, except property listed in a register primarily for objects buried below ground, which is listed in a local register of a certified local government or the National Register of Historic Places.
K. “Incentives” are such rights or privileges or combination thereof which the city council, or other local, state, or federal public body or agency, by virtue of applicable present or future legislation, may be authorized to grant or obtain for the owner(s) of register properties. Examples of economic incentives include but are not limited to tax relief, conditional use permits, rezoning, street vacation, planned unit development, transfer of development rights, facade easements, gifts, preferential leasing policies, beneficial placement of public improvements or amenities, or the like.
L. “Local review board” or “board” used in chapter 84.26 RCW and chapter 254-20 WAC for the special valuation of historic properties means the Sumner historic preservation commission created in SMC 2.95.010.
M. “National Register of Historic Places” means the national listing of properties significant to our cultural history because of their documented importance to our history, architectural history, engineering, or cultural heritage.
N. “Object” means a thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
O. “Ordinary repair and maintenance” means work for which a permit issued by the city is not required by law, and where the purpose and effect of such work is to correct any deterioration or decay of or damage to the real property or structure appurtenance therein and to restore the same, as nearly as may be practicable, to the condition prior to the occurrence of such deterioration, decay, or damage.
P. “Owner” of property is the fee simple owner of record as exists on the Pierce County assessor’s records.
Q. “Significance” or “significant” used in the context of historic significance means the following: a property with local, state, or national significance is one which helps in the understanding of the history or prehistory of the local area, state, or nation (whichever is applicable) by illuminating the local, statewide, or nationwide impact of the events or persons associated with the property, or its architectural type or style in information potential. The local area can include Sumner, Pierce County, northwest Washington, or a modest geographic or cultural area, such as a neighborhood. Local significance may apply to a property that illustrates a theme that is important to one or more localities; state significance to a theme important to the history of the state; and national significance to property of exceptional value in representing or illustrating an important theme in the history of the nation.
R. “Site” means a place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupation or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may be the location of ruined or now-non-extant building or structure or the location itself possesses historic cultural or archaeological significance.
S. “Special valuation for historic properties” or “special valuation” means the local option program which when implemented makes available to property owners a special tax valuation for rehabilitation of historic properties under which the assessed value of an eligible historic property is determined at a rate that excludes, for up to 10 years, the actual cost of the rehabilitation (chapter 84.26 RCW).
T. “State Register of Historic Places” means the state listing of properties significant to the community, state, or nation but which may or may not meet the criteria of the National Register.
U. “Structure” means a work made up of interdependent and interrelated parts in a definite pattern of organization. Generally constructed by man, it is often an engineering project.
V. “Sumner historic preservation commission” or “commission” means the commission created by SMC 2.85.010.
W. “Sumner Historic Register,” “local register,” or “register” means the listing of locally designated properties provided for in SMC 18.39.040.
X. “Universal transverse mercator” or “UTM” means the grid zone in metric measurement providing for an exact point of numerical reference.
Y. “Waiver of a certificate of appropriateness” or “waiver” means the document indicating that the commission has reviewed the proposed whole or partial demolition of a local register property or in a local register historic district and failing to find alternatives to demolition has issued a waiver of a certificate of appropriateness which allows the building or zoning official to issue a permit for demolition.
Z. “Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties” or “State Advisory Council’s Standards” means the rehabilitation and maintenance standards used by the city of Sumner historic preservation commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. (Ord. 2275 § 2 (part), 2008)
18.39.040 Process for designating properties or districts to the Sumner Historic Register.
A. Any person may nominate a building, structure, site, object, or district for inclusion in the Sumner Historic Register. Members of the historic preservation commission or the commission as a whole may generate nominations. In its designation decision, the commission shall consider the Sumner Historic Register and the city of Sumner comprehensive plan.
B. In the case of individual properties, the designation shall include the UTM reference and all features – interior and exterior – and outbuildings that contribute to its designation.
C. In the case of districts, the designation shall include description of the boundaries of the district; the characteristics of the district justifying its designation; and a list of all properties including features, structures, sites, and objects contributing to the designation of the district.
D. The historic preservation commission shall consider the merits of the nomination, according to the criteria in SMC 18.39.060 and according to the nomination review standards established in rules, at a public meeting. Adequate notice will be given to the public, the owner(s) and the authors of the nomination, if different, and lessees, if any, of the subject property prior to the public meeting according to standards for public meetings established in rules and in compliance with chapter 42.30 RCW, Open Public Meetings Act. Such notice shall include publication in a newspaper of general circulation in Sumner and any other form of notification deemed appropriate by the city of Sumner. If the commission finds that the nominated property is eligible for the Sumner Historic Register, the commission shall make recommendation to the city council that the property be listed in the register with the owner’s consent. In the case of historic districts, the commission shall consider a simple majority of property owners (50 percent plus one percentage of property owners) to be adequate for owner consent. Owner consent and notification procedures in the case of districts shall be further defined in rules. The public, property owner(s) and the authors of the nomination, if different, and lessees, if any, shall be notified of the listing.
E. Properties listed on the Sumner Register of Historic Places shall be recorded on official zoning records with an “HR” (for historic register) designation. This designation shall not change or modify the underlying zone classification. (Ord. 2275 § 2 (part), 2008)
18.39.050 Effects of listing on the register.
A. Listing on the Sumner Historic Register is an honorary designation denoting significant association with the historic, archaeological, engineering, or cultural heritage of the community. Properties are listed individually or as contributing properties to an historic district.
B. Prior to the commencement of any work on a register property, excluding ordinary repair and maintenance and emergency measures defined in SMC 18.39.030, the owner must request and receive a certificate of appropriateness from the commission for the proposed work. Violation of this rule shall be grounds for the commission to review the property for removal from the register.
C. Once Sumner is certified as a certified local government (CLG), all properties listed on the Sumner Historic Register may be eligible for special tax valuation on their rehabilitation per SMC 18.39.130. (Ord. 2275 § 2 (part), 2008)
18.39.060 Criteria for determining designation on the Sumner Historic Register.
Any building, structure, site, object, or district may be designated for inclusion in the Sumner Historic Register if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community; if it has integrity; is at least 50 years old, or is of lesser age and has exceptional importance; and if it falls in at least one of the following categories:
A. Is associated with events that have made a significant contribution to the broad patterns of national, state, or local history.
B. Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction.
C. Is an outstanding work of a designer, builder, or architect who has made a substantial contribution to the art.
D. Exemplifies or reflects special elements of the city’s cultural, special, economic, political, aesthetic, engineering, or architectural history.
E. Is associated with the lives of persons significant in national, state, or local history.
F. Has yielded or may be likely to yield important archaeological information related to history or prehistory.
G. Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with an historic person or event.
H. Is a birthplace or grave of an historical figure of outstanding importance and is the only surviving structure or site associated with that person.
I. Is a cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events or cultural patterns.
J. Is a reconstructed building that has been executed in a historically accurate manner on the original site.
K. Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories. (Ord. 2275 § 2 (part), 2008)
18.39.070 Review of changes to Sumner Historic Register properties.
A. No person shall change the use, construct any new building or structure, or reconstruct, alter, restore, remodel, repair or move any existing property on the Sumner Historic Register or within an historic district on the Sumner Historic Register without review by the commission and without receipt of a certificate of appropriateness.
B. The review shall apply to all features of the property, interior and exterior, that contribute to its designation and are listed on the nomination form. Information required by the commission to review the proposed changes is established in rules. (Ord. 2275 § 2 (part), 2008)
18.39.080 Removal of properties from the register.
In the event that any property is no longer deemed appropriate for designation to the Sumner Historic Register, the commission may initiate removal from such designation by the same procedure as provided for in establishing the designation, SMC 18.39.040. A property may be removed from the Sumner Historic Register without the owner’s consent. A property may also be removed upon the request of the owner; however, in this case, the owner must be notified of potential liabilities if advantage has been taken of state or federal tax abatements, deferrals, special valuation programs, or similar, while on the register. (Ord. 2275 § 2 (part), 2008)
18.39.090 Exemptions from certificate of appropriateness.
The following activities do not require a certificate of appropriateness or review by the commission:
A. Ordinary repair and maintenance, including painting; or
B. Emergency measures defined in SMC 18.39.030. (Ord. 2275 § 2 (part), 2008)
18.39.100 Review process for certificate of appropriateness or waiver.
A. The zoning official shall report any application for a permit to work on a designated Sumner Register of Historic Places registered property or in a Sumner Historic Register or historic district to the commission. If the activity is not exempt from review, the commission or professional staff shall notify the applicant of the review requirements. The building or zoning official shall not issue any such permit until a certificate of appropriateness is received from the commission but shall work with the commission in considering building and fire code requirements.
B. Commission Review. The building or zoning official shall route applications for permits on a designated historic property to the commission for a review of proposed changes on a Sumner Register of Historic Places property or within a Sumner Historic Register historic district and request a certificate of appropriateness. Each application for review of proposed changes shall be accompanied by such information as is required by the commission established in its rules for the proper review of the proposed project.
C. The commission shall review the proposed work according to the design review criteria established in rules. The applicant may request to meet with the commission. Unless legally required, there shall be no notice, posting, or publication requirements for action on the application, but all such actions shall be made at regular meetings of the commission. The commission shall complete its review and make its recommendations within 30 calendar days of the date of receipt of the application. If the commission is unable to process the request, the commission may ask for an extension of time.
D. The commission’s recommendations shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted. If the owner agrees to the commission’s recommendations, a certificate of appropriateness shall be awarded by the commission according to standards established in the commission’s rules.
E. The commission’s recommendations and, if awarded, the certificate of appropriateness shall be transmitted to the building or zoning official. If a certificate of appropriateness is awarded, the building or zoning official may then issue the permit. (Ord. 2275 § 2 (part), 2008)
18.39.110 Appeal of approval or denial of a waiver of a certificate of appropriateness.
The commission’s decision regarding a waiver of a certificate of appropriateness may be appealed to the city council within 10 days. The appeal must state the grounds upon which the appeal is based.
The appeal shall be reviewed by the council only on the records of the commission. Appeal of council’s decision regarding a waiver of a certificate of appropriateness may be appealed to superior court. (Ord. 2275 § 2 (part), 2008)
18.39.120 Review and monitoring of properties for special property tax valuation.
A. Time Lines. Owners of property in the Sumner Historic Register may, if they so choose, apply for special property tax waiver from the Pierce County assessor’s office. The process for application is as follows:
1. Applications shall be forwarded to the commission by the assessor within 10 calendar days of filing.
2. Applications shall be reviewed by the commission before December 31st of the calendar year in which the application is made.
3. Commission decisions regarding the applications shall be certified in writing and filed with the assessor within 10 calendar days of issuance.
B. Procedure. The following procedures are for determining and evaluating a property for the special property tax valuation:
1. The assessor forwards the application(s) to the historic preservation commission.
2. The commission reviews the application(s), consistent with its rules of procedure, and determines if the application(s) are complete and if the properties meet the criteria set forth in WAC 254-20-070(1) and listed in SMC 18.39.060.
a. If the commission finds the properties meet all the criteria, then, on behalf of the city council, it enters into an historic preservation special valuation agreement (set forth in WAC 254-20-120 and in SMC 18.39.130(E)) with the owner. Upon execution of the agreement between the owner and commission, the commission approves the application(s).
b. If the commission determines the properties do not meet all the criteria, then it shall deny the application(s).
3. The commission certifies its decisions in writing and states the facts upon which the approvals or denials are based and files copies of the certifications with the assessor.
4. For approved applications, the commission:
a. Forwards copies of the agreements, applications, and supporting documentation (as required by WAC 254-20-090(4) and identified in SMC 18.39.130(B)) to the assessor;
b. Notifies the state review board that the properties have been approved for special valuation;
c. Monitors the properties for continued compliance with the agreements throughout the 10-year special valuation period; and
d. Places notation in the city’s address files.
5. The commission determines, in a manner consistent with its rules of procedure, whether or not properties are disqualified from special valuation either because of:
a. The owner’s failure to comply with the terms of the agreement; or
b. Because of a loss of historic value resulting from physical changes to the building or site.
6. For disqualified properties, in the event that the commission concludes that a property is no longer qualified for special valuation, the commission shall notify the owner, assessor, and state review board in writing and state the facts supporting its findings. (Ord. 2275 § 2 (part), 2008)
18.39.130 Criteria for special property tax valuation.
A. The class of historic property eligible to apply for special property tax valuation in the city of Sumner means all properties listed on the National Register of Historic Places or certified as contributing to a National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in chapter 84.26 RCW, until the city of Sumner becomes a certified local government (CLG). Once a CLG, the class of property eligible to apply for special valuation in Sumner means all properties listed on the Sumner Historic Register and National Register of Historic Places or properties certified as contributing to the Sumner Register of Historic Places and National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in chapter 84.26 RCW.
B. Application Criteria. Complete applications shall consist of the following documentation:
1. A legal description of the historic property;
2. Comprehensive exterior and interior photographs of the historic property before and after rehabilitation;
3. Architectural plans or other legible drawings depicting the completed rehabilitation work;
4. A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to the date of application and the period of time during which the work was performed and documentation of both to be made available to the commission upon request; and
5. For properties located within historic districts, in addition to the standard application documentation, a statement from the secretary of the interior or appropriate local official, as specified in local administrative rules or by the local government, indicating the property is a certified historic structure is required.
C. Property Review Criteria. In its review the commission shall determine if the properties meet all the following criteria:
1. The property is historic property;
2. The property is included within a class of historic property determined eligible for special valuation by the city of Sumner under subsection A of this section;
3. The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) (and identified in subsection A of this section) within 24 months prior to the date of application; and
4. The property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying the Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties (WAC 254-20-100(1)).
D. Rehabilitation and Maintenance Criteria. The Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties in WAC 254-20-100 shall be used by the commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified.
E. Agreement. The historic preservation special valuation agreement in WAC 254-20-120 shall be used by the commission as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2).
F. Appeals. Any decision of the commission acting on any application for classification as historic property, eligible for special valuation, may be appealed to superior court under RCW 34.05.510 through 34.05.598 in addition to any other remedy of law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the county board of equalization. (Ord. 2275 § 2 (part), 2008)