Chapter 17.63
HISTORIC PRESERVATION DISTRICT
Sections:
17.63.040 Historic preservation commission – Creation.
17.63.050 Historic preservation commission – Composition.
17.63.060 Historic preservation commission – Terms.
17.63.070 Historic preservation commission – Duties.
17.63.080 Historic preservation commission – Compensation.
17.63.090 Historic preservation commission – Staff.
17.63.100 Historic inventory boundaries.
17.63.110 Register of historic places.
17.63.120 Review of changes to register of historic places properties.
17.63.130 Relationship to zoning.
17.63.140 Review and monitoring of properties for special property tax valuation.
17.63.010 Short title.
The following sections shall be known and may be cited as the “Toppenish Historic Preservation Ordinance”. (Ord. 93-22 § 2, 1993).
17.63.020 Creation – Purpose.
In order to safeguard, preserve and foster the heritage and history of the city; to promote the public welfare and to provide for the enhancement of the city and its historic structures, places, persons and events, there is created a historic preservation district. The purpose of this chapter is to provide for the identification, evaluation, and protection of historic resources within the city and preserve and rehabilitate eligible historic properties within the city for future generations through special valuation, a property tax incentive, as provided in Chapter 84.26 RCW in order to:
A. Safeguard the heritage of the city as represented by those buildings, districts, objects, sites and structures which reflect significant elements of the city history;
B. Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on the city 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. 93-22 § 1, 1993).
17.63.030 Definitions.
The following words and terms when used in this chapter shall mean as follows, unless a different meaning clearly appears from the context:
1. “Actual cost of rehabilitation” means costs incurred within 24 months prior to the date of application and directly resulting from one or more of the following:
a. Improvements to an existing building located on or within the perimeters of the original structure; or
b. Improvements outside of but directly attached to the original structure which are necessary to make the building fully usable but shall not include rentable/habitable floorspace attributable to new construction; or
c. Architectural and engineering services attributable to the design of the improvements; or
d. All costs defined as “qualified rehabilitation expenditures” for purposes of the federal historic preservation investment tax credit.
2. “Building” means a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings.
3. “Certified local government (CLG)” means the local government has been certified by the State Historic Preservation Officer as having established its own historic preservation commission and a program meeting federal and state standards.
4. “Certificate of appropriateness” means 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.
5. “Class of properties eligible to apply for special valuation” in the city 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 becomes a certified local government (CLG). Once a CLG, the class of properties eligible to apply for special valuation in the city means all properties listed on the Toppenish register of historic places or properties certified as contributing to a Toppenish 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.
6. “Cost” means the actual cost of rehabilitation, which 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.
7. “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.
8. “Emergency repair” means work necessary to prevent destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster.
9. “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.
10. “Incentives” means 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.
11. “Local review board” or “board” used in Chapter 84.26 RCW and Chapter 254-20 WAC for the special valuation of historic properties means the commission created in TMC 17.63.040.
12. “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.
13. “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.
14. “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.
15. “Owner of property” means the fee simple owner of record as exists on the Yakima County assessor’s records.
16. “Significance” or “significant” used in the context of historic significance means the following: a property with local, state or national significance is one which helps in the understanding of the history of the local area, state or nation by illuminating the local, statewide or nationwide impact of the events or persons associated with the property, or its architectural type or style in information potential. The local area can include the city, areas of Yakima County, regional portions of south-central 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.
17. “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 a ruined or now nonextant building or structure or the location itself possesses historic cultural or archaeological significance.
18. “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).
19. “State Register of Historic Places” means the state listing of properties significant to the community, state or nation but which do not meet the criteria of the national register.
20. “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.
21. “Toppenish historic inventory” or “inventory” means the comprehensive inventory of historic resources within the boundaries of the city.
22. “Toppenish historic preservation commission” or “commission” means the commission created by TMC 17.63.040 thereof.
23. “Toppenish register of historic places,” “local register” or “register” means the local listing of properties provided for in subsection (B)(2) of TMC 17.63.070 thereof.
24. “Universal transverse mercator” or “UTM” means the grid zone in metric measurement providing for an exact point of numerical reference.
25. “Waiver of a certificate of appropriateness” or “waiver” means the commission has reviewed the proposed whole or partial demolition of a local register property or in a local register historic district and failing to find alternatives to demolition has issued a waiver of a certificate of appropriateness which allows the building or zoning official to issue a permit for demolition.
26. “Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties” or “State Advisory Council’s Standards” means the rehabilitation and maintenance standards used by the city 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. 93-22 § 3, 1993).
17.63.040 Historic preservation commission – Creation.
It is hereby established that the existing Toppenish museum board shall serve as the Toppenish historic preservation commission, consisting of nine members, as provided in TMC 17.63.060 below. Membership of the historic preservation commission shall be in accordance with procedures described in TMC 2.68.020 and 2.68.030. (Ord. 93-22 § 4, 1993).
17.63.050 Historic preservation commission – Composition.
A. All members of the commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment.
B. The commission shall always include at least three professionals who have experience in identifying, evaluating and protecting historic resources and are selected from among the disciplines of history, architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, cultural geography, American studies, law or real estate. The commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions, unless the commission action is related to meeting certified local government (CLG) responsibilities cited in the certification agreement between the mayor of the city and the State Historic Preservation Officer. Furthermore, exception to the residency requirement of commission members may be granted by the city council in order to obtain representatives from these disciplines.
C. In making appointments, the mayor may consider names submitted from the council selection committee and other sources, but the city shall notify history and Toppenish development-related organizations of vacancies so that names of interested and qualified individuals may be submitted by such organizations for consideration along with names from other sources.
D. For purpose of this chapter, it is presumed that appointment to the Toppenish museum board constitutes satisfaction of criteria described in subsections A and B above. (Ord. 93-22 § 4, 1993).
17.63.060 Historic preservation commission – Terms.
The Toppenish museum board when acting as the Toppenish historic preservation commission shall serve under the same appointments, terms and requirements as described in TMC 2.68.020. (Ord. 93-22 § 4, 1993).
17.63.070 Historic preservation commission – Duties.
A. The major duties of the historic preservation commission are:
1. Identify and actively encourage the conservation of Toppenish historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties;
2. To raise community awareness of Toppenish history and historic resources; and
3. To serve as the city’s primary resource in matters of history, historic planning, and preservation.
B. In carrying out these duties, the historic preservation commission shall engage in the following:
1. Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the city to be known as the Toppenish historic inventory; publicize and periodically update inventory results. Properties listed on the inventory shall be recorded on official zoning records with an “HI” (for historic inventory designation). This designation shall not change or modify the underlying zone classification;
2. Initiate and maintain the Toppenish register of historic places. The register shall be compiled of buildings, structures, sites, objects and districts identified by the commission as having historic significance worthy of recognition by the city and encouragement of efforts by owners to maintain, rehabilitate and preserve properties;
3. Review nominations to the register of historic places according to criteria in TMC 17.63.110 and adopt standards in its rules to be used to guide this review;
4. Review proposals to construct, change, alter, modify, remodel, move, demolish and significantly affect properties or districts on the register as provided in TMC 17.63.110 and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver;
5. Provide for the review either by the commission or its staff of all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic resources or adjacent properties;
6. Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act;
7. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic resources;
8. Establish liaison support, communication and cooperation with federal, state and other local government entities which will further historic preservation objectives, including public education, within the Toppenish area;
9. Review and comment to the city council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the city, other neighboring communities, Yakima County, the state or federal governments, as they relate to historic resources of the city;
10. Make recommendations to the city council generally on matters of local history and historic preservation;
11. Perform other related functions assigned to the commission by the city council;
12. Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops or similar activities;
13. Make recommendations to city council to officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition;
14. Be informed about and provide information to the public and municipal departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties;
15. Make recommendations to city council for the submission of nominations to the State and National Registers of Historic Places;
16. Investigate and report to the city council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in the city;
17. Serve as the local review board for special valuation and:
a. Make determination concerning the eligibility of historic properties for special valuation,
b. Verify that the improvements are consistent with the Washington State Advisory Council’s Standards for Rehabilitation and Maintenance,
c. Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254-20-070(2),
d. Approve or deny applications for special valuation,
e. Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the 10-year special valuation period, and
f. Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW.
C. The commission hereby identifies TMC 2.68.030 to serve as rules for the transaction of its business, shall adopt additional rules to address subsections (B)(3) and (4) above, and shall keep a public record of its transactions, findings and determinations for review respecting historic preservation. (Ord. 93-22 § 4, 1993).
17.63.080 Historic preservation commission – Compensation.
All members shall serve without compensation. (Ord. 93-22 § 4, 1993).
17.63.090 Historic preservation commission – Staff.
Commission and professional staff assistance shall be provided or assigned by the city planner with additional assistance and information to be provided by other municipal departments as may be necessary to aid the commission in carrying out its duties and responsibilities under this chapter. (Ord. 93-22 § 4, 1993).
17.63.100 Historic inventory boundaries.
The boundaries of the historic inventory shall be coterminous with the corporate boundaries of the jurisdiction. As completed in accordance with subsection (B)(1) of TMC 17.63.070, the official zoning map will reflect properties eligible for historic preservation with a notation of “HI” on the city’s formal zoning map; properties placed upon the local historic register will be noted with “HR” on the city’s official zoning maps. (Ord. 93-22 § 5, 1993).
17.63.110 Register of historic places.
A. Criteria for Determining Designation in the Register. Any building, structure, site, object, or district may be designated for inclusion in the Toppenish register of historic places if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community; if it has integrity; is at least 50 years old, or is of lesser age and has exceptional importance; and if it falls in at least one of the following categories:
1. Is associated with events that have made a significant contribution to the broad patterns of national, state or local history;
2. Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction;
3. Is an outstanding work of a designer, builder or architect who has made a substantial contribution to the art;
4. Exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, engineering or architectural history;
5. Is associated with the lives of persons significant in national, state or local history;
6. Has yielded or may be likely to yield important archaeological information related to history or prehistory;
7. Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with an historic person or event;
8. Is a birthplace or grave of an historical figure of outstanding importance and is the only surviving structure or site associated with that person;
9. Is a cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns;
10. Is a reconstructed building that has been executed in an historically accurate manner on the original site;
11. Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories.
B. Process for Designating Properties or Districts to the Toppenish Historic Register.
1. Any person may nominate a building, structure, site, object, or district for inclusion in the Toppenish register of historic places. Members of the historic preservation commission or the commission as a whole may generate nominations. In its designation decision, the commission shall consider the Toppenish historic inventory and the Toppenish comprehensive plan.
2. In the case of individual properties, the designation shall include the UTM reference and all features, interior and exterior, and outbuildings which contribute to its designation.
3. In the case of districts, the designation shall include description of the boundaries of the district; the characteristics of the district which justifies its designation; and a list of all properties including features, structures, sites and objects which contribute to the designation of the district.
4. The historic preservation commission shall consider the merits of the nomination, according to the criteria in subsection A of this section and according to the nomination review standards established in rules, at a public meeting. Adequate notice will be given to the public, the owner(s) and the authors of the nomination, if different, and lessees, if any, of the subject property prior to the public meeting according to standards for public meetings established in rules and in compliance with Chapter 42.30 RCW, Open Public Meetings Act. If the commission finds that the nominated property is eligible for the Toppenish register of historic places, the commission shall make recommendation to the city council that the property be listed in the register with the owner’s consent. The public, property owner(s) and the authors of the nomination, if different, and lessees, if any, shall be notified of the listing.
5. Properties listed on the Toppenish register of historic places shall be recorded on the official zoning map with an “HR” (for historic register) designation. This designation shall not change or modify the underlying zone classification.
C. Removal of Properties from the Register. In the event that any property is no longer deemed appropriate for designation to the Toppenish register of historic places, the commission may initiate removal from such designation by the same procedure as provided for in establishing the designation, subsection B of this section. A property may be removed from the Toppenish historic register without the owner’s consent.
D. Effects of Listing on the Register.
1. Listing on the Toppenish register of historic places is an honorary designation denoting significant association with the historic, archaeological, engineering or cultural heritage of the community. Properties are listed individually or as contributing properties to an historic district.
2. Prior to the commencement of any work on a register property, excluding ordinary repair and maintenance defined in TMC 17.63.030, and emergency measures defined in TMC 17.63.030, 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.
3. Prior to whole or partial demolition of a register property, the owner must request and receive a waiver of a certificate of appropriateness.
4. Once the city is certified as a certified local government (CLG), all properties listed on the Toppenish register of historic places may be eligible for a special tax valuation on their rehabilitation (TMC 17.63.140). (Ord. 93-22 § 6, 1993).
17.63.120 Review of changes to register of historic places properties.
A. Review Required.
1. No person shall change the use, construct any new building or structure, or reconstruct, alter, restore, remodel, repair, move, or demolish any existing property on the Toppenish register of historic places or within an historic district on the Toppenish register of historic places without review by the commission and without receipt of a certificate of appropriateness, or in the case of demolition, a waiver, as a result of the review.
2. The review shall apply to all features of the property, interior and exterior, that contribute to its designation and are listed on the nomination form. Information required by the commission to review the proposed changes are established in rules.
B. Exemptions. The following activities do not require a certificate of appropriateness or review by the commission: ordinary repair and maintenance, which includes painting, or emergency measures defined in TMC 17.63.030.
C. Review Process.
1. Requests for Review and Issuance of a Certificate of Appropriateness or Waiver. The building official shall report any application for a permit to work on a designated Toppenish historic register property or in a Toppenish register historic district to the commission. If the activity is not exempt from review, the commission shall notify the applicant of the review requirements. The building official shall not issue any such permit until a certificate of appropriateness or a waiver is received from the commission but shall work with the commission in considering building and fire code requirements.
2. Commission Review.
a. The owner or his/her agent shall apply to the commission for a review of proposed changes on a Toppenish historic register property or within a Toppenish register historic district and request a certificate of appropriateness or, in the case of demolition, a waiver. Each application for review of proposed changes shall be accompanied by such information as is required by the commission established in its rules for the proper review of the proposed project.
b. The commission shall meet with the applicant and review the proposed work according to the design review criteria established in rules. Except as required by TMC 2.38.030(B), 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 notify the owner/applicant of its recommendations within 30 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.
c. The commission’s recommendations to the owner/applicant 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.
d. The commission’s recommendations to the owner/applicant and, if awarded, the certificate of appropriateness shall be transmitted to the building or zoning official. If a certificate of appropriateness is awarded, the building or zoning official may then issue the permit.
3. Demolition. A waiver of the certificate of appropriateness is required before a permit may be issued to allow whole or partial demolition of a designated Toppenish historic register property or in a Toppenish register historic district. The owner or his/her agent shall apply to the commission for a review of the proposed demolition and request a waiver. The applicant shall meet with the commission in an attempt to find alternatives to demolition. These negotiations may last no longer than 45 days from the initial meeting of the commission, unless either party requests an extension. If no request for an extension is made and no alternative to demolition has been agreed to, the commission shall act and advise the official in charge of issuing a demolition permit of the approval or denial of the waiver of a certificate of appropriateness. Conditions in the case of granting a demolition permit may include allowing the commission up to 45 additional days to develop alternatives to demolition. When issuing a waiver the commission may require the owner to mitigate the loss of the Toppenish historic register property by means determined by the commission at the meeting. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted. After the property is demolished, the commission shall initiate removal of the property from the register.
4. Appeal of Approval or Denial of a Waiver of a Certificate of Appropriateness. The commission’s decision regarding a waiver of a certificate of appropriateness may be appealed to the Yakima County superior court within 10 days. The appeal must state the grounds upon which the appeal is based. The appeal shall be reviewed by the court only on the records of the commission. Appeal of the commission’s decision regarding a waiver of a certificate of appropriateness may be appealed to superior court. (Ord. 93-22 § 7, 1993).
17.63.130 Relationship to zoning.
Properties designated to the register shall be subject to the provisions set forth herein, as well as the bulk, use, setback, and other controls of the zoning district in which they are located. Nothing contained herein shall be construed to be repealing, modifying or waiving any zoning provisions. (Ord. 93-22 § 8, 1993).
17.63.140 Review and monitoring of properties for special property tax valuation.
A. Time Lines.
1. Applications shall be forwarded to the commission by the assessor within 10 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 days of issuance.
B. Procedure.
1. The assessor forwards the application(s) to the commission.
2. The commission reviews the application(s), consistent with its rules of procedure, and determines if the application(s) are complete and if the properties meet the criteria set forth in WAC 254-20-070(1) and listed in TMC 17.63.110(A).
a. If the commission finds the properties meet all the criteria, then, on behalf of the city, it enters into a Historic Preservation Special Valuation Agreement (set forth in WAC 254-20-120 and in subsection D of this section) with the owner. Upon execution of the agreement between the owner and commission, the commission approves the application(s).
b. If the commission determines the properties do not meet all the criteria, then it shall deny the application(s).
3. The commission certifies its decisions in writing and states the facts upon which the approvals or denials are based and files copies of the certifications with the assessor.
4. For approved applications:
a. The commission forwards copies of the agreements, applications and supporting documentation (as required by WAC 254-20-090(4) and identified in subsection (C)(2) of this section) to the assessor;
b. Notifies the state review board that the properties have been approved for special valuation; and
c. Monitors the properties for continued compliance with the agreements throughout the 10-year special valuation period.
5. The commission determines, in a manner consistent with its rules of procedure, whether or not properties are disqualified from special valuation either because of:
a. The owner’s failure to comply with the terms of the agreement or
b. Because of a loss of historic value resulting from physical changes to the building or site.
6. For disqualified properties, in the event that the commission concludes that a property is no longer qualified for special valuation, the commission shall notify the owner, assessor, and state review board in writing and state the facts supporting its findings.
C. Criteria.
1. Historic Property Criteria. The class of historic property eligible to apply for special valuation in the city 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 becomes a certified local government (CLG). Once a CLG, the class of property eligible to apply for special valuation in the city means all properties listed on the Toppenish register of historic places or properties certified as contributing to a Toppenish register historic district which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW.
2. Application Criteria. Complete applications shall consist of the following documentation:
a. A legal description of the historic property;
b. Comprehensive exterior and interior photographs of the historic property before and after rehabilitation;
c. Architectural plans or other legible drawings depicting the completed rehabilitation work;
d. A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to the date of application and the period of time during which the work was performed and documentation of both to be made available to the commission upon request; and
e. For properties located within historic districts, in addition to the standard application documentation, a statement from the secretary of the interior or appropriate local official, as specified in local administrative rules or by the local government, indicating the property is a certified historic structure is required.
3. Property Review Criteria. In its review the commission shall determine if the properties meet all the following criteria:
a. The property is historic property;
b. The property is included within a class of historic properties determined eligible for special valuation by the city under this section;
c. The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) (and identified in TMC 17.63.030) within 24 months prior to the date of application; and
d. The property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying the Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties (WAC 254-20-100(1) and listed in subsection A of TMC 17.63.110).
4. Rehabilitation and Maintenance Criteria. The Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties in WAC 254-20-100 shall be used by the commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified.
D. Agreement. The Historic Preservation Special Valuation agreement in WAC 254-20-120 shall be used by the commission as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2).
E. Appeals. Any decision of the commission acting on any application for classification as historic property, eligible for special valuation, may be appealed to superior court under RCW 34.04.130 in addition to any other remedy of law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the county board of equalization. (Ord. 93-22 § 9, 1993).