Chapter 17.11
HISTORIC PRESERVATION
Sections:
17.11.030 Design review guidelines.
17.11.050 Review considerations.
17.11.070 Development requiring issuance of certificate of appropriateness.
17.11.080 Review – Certificates of appropriateness.
17.11.100 Review – Modification of plans.
17.11.140 Violation, penalties.
17.11.010 Purpose.
The Mayor and Town Council recognize the historic value and distinct architectural style of buildings of the Town of Wilkeson by creating an ordinance to ensure renovation or rehabilitation of existing buildings, as well as new development, is consistent and harmonious with the existing architectural style and national historic significance of Wilkeson, is consistent with the provisions of its Comprehensive Plan, and meets the requirements of the Washington State Growth Management Act. It is the intent and purpose of this chapter to preserve and enhance the heritage of Wilkeson through regulatory controls. [Ord. 99.11 § 1, 1999].
17.11.020 Definitions.
The following words and terms when used in this chapter shall mean as follows, unless a different meaning clearly appears from the context:
“Building” means a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings.
“Certificate of appropriateness” means the Town Planner has reviewed the proposed changes to a property within a historic district and certified the changes as not adversely affecting the historic characteristics of the property which contributes to its historic value and character.
“Historic district” means a geographically defined area in the Town of Wilkeson that is zoned commercial and mapped accordingly in this title.
“Town Planner” means a person appointed by the Mayor and confirmed by the Town Council who will carry out all planning functions of the Town, including the administration of this chapter. [Ord. 99.11 § 2, 1999].
17.11.030 Design review guidelines.
The Wilkeson design review guidelines shall be utilized as a policy document to determine the suitability of development within the historic district. The design review guidelines will take into consideration the historic character of buildings constructed between the years 1880 and 1910. The Wilkeson design review guidelines shall be adopted by the Town Council in the form of a resolution and will accompany this chapter. [Ord. 99.11 § 3, 1999].
17.11.040 Administration.
The Town Planner is the administrator of this chapter. The Town Planner will receive and review all applications for renovation, reconstruction and new construction of all buildings and alterations of property requiring a building permit. The Town Planner, in keeping with the design review guidelines, will make a determination whether an application meets the requirements of this chapter. If the Town Planner determines that the application is in compliance with this chapter, a certificate of appropriateness is issued. If the Town Planner determines that the application does not meet the requirements of this chapter, the application will be denied. The applicant has the right, within twenty (20) days, to appeal the decision of the Town Planner to the Town Council. [Ord. 99.11 § 4, 1999].
17.11.050 Review considerations.
The Town Planner, in considering the appropriateness of any development activity, shall base all decisions on this chapter and the design review guidelines. It shall consider the historical and architectural value and significance, architectural style, general design, arrangement, texture, material, and color of the structure in question or its appurtenant fixtures including signs, the relationship of such features of other buildings within the Town of Wilkeson historic district, and the position of such buildings. [Ord. 99.11 § 5, 1999].
17.11.060 Indemnity.
The Town of Wilkeson shall defend and indemnify the Town Planner and the Town Council against law suits brought against the Town Planner and/or the Town Council for decisions made by the Town Planner and/or the Town Council while acting within the scope of their official capacity. [Ord. 99.11 § 6, 1999].
17.11.070 Development requiring issuance of certificate of appropriateness.
Only the alteration, renovation, reconstruction or construction of facades or fronts to the buildings in the historic district require a certificate of appropriateness. [Ord. 99.11 § 7, 1999].
17.11.080 Review – Certificates of appropriateness.
If after considering the foregoing review criteria in WMC 17.11.050 and the design review guidelines, the Town Planner determines that the proposed development is consistent with this chapter and the design review guidelines, it shall issue a certificate of appropriateness, and may specify changes, modifications and deletions. [Ord. 99.11 § 8, 1999].
17.11.090 Review – Denial.
In the event the Town Planner denies a certificate of appropriateness, a certificate letter shall be mailed within ten (10) days to the last known address of the applicant including notification of denial, giving reasons for denial and possible options for bringing the proposed plans into compliance with this chapter. The applicant shall have sixty (60) days from the date of denial for consideration of alterations to the proposed plan, which may bring them into compliance with this chapter and design review guidelines. At the conclusion of this review period, the Town Planner shall either issue a certificate of appropriateness for the proposed development specifying changes, modifications, and deletions or deny a certificate of appropriateness. [Ord. 99.11 § 9, 1999].
17.11.100 Review – Modification of plans.
Changes, modifications, and amendments to all approved building and site plans shall require additional review by the Town Planner. [Ord. 99.11 § 10, 1999].
17.11.110 Appeals.
If, at the end of the review period described in WMC 17.11.090, an acceptable solution has not been achieved, the certificate of appropriateness shall finally be denied and the applicant shall be so notified by certified letter within ten (10) days. The applicant may appeal in writing to the Town Council within twenty (20) days of the date the request was denied. Any aggrieved party who owns property within the historic review district may appeal in writing to the Town Council within twenty (20) days of the date the Town Planner made a final decision. Upon receipt of an appeal, the Town Council shall, at their next public meeting, set a date for the public meeting where they may affirm, reverse or modify the decision of the Town Planner. If after considering the matter at a public meeting, the Town Council decide to reverse or modify the decision of the Town Planner, said reversal or modification shall not be made until the Town Council has conducted a public meeting and thereupon adopted their own recommendations which reverse or modify the decision of the Town Planner. Any modification or reversal by the Town Council shall be based on findings of fact and shall be in agreement with the design review guidelines and the intent of this chapter. [Ord. 99.11 § 11, 1999].
17.11.120 Proposal content.
Each submission or proposal for the issuance of certificate of appropriateness shall be submitted in accordance with guidelines specified in the design review guidelines. [Ord. 99.11 § 12, 1999].
17.11.130 Enforcement.
Provisions of this chapter shall be enforced by the Town of Wilkeson. [Ord. 99.11 § 13, 1999].
17.11.140 Violation, penalties.
Anyone violating or failing to comply with the provisions of this chapter shall be denied a certificate of appropriateness and be subject to the civil law violation penalties and procedures of the Town of Wilkeson. [Ord. 99.11 § 14, 1999].