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HomeMy WebLinkAboutORD. NO. 2026-020 amend YMC 11.62_historic preservation appeal feesORDINANCE NO. 2026-020 AN ORDINANCE amending the City of Yakima Municipal Code Chapter 11.62 Historic Preservation Ordinance for Special Valuation as it relates to fees. WHEREAS, the Community Development Department, after budget discussions in 2025, did a review of its fees and its permitting processes; and WHEREAS, staff identified appeal fees in YMC Chapter 11.62 that were inadvertently left in the code and not carried over to the master fee schedule and are hereby proposed to be fixed; and WHEREAS, it is within the police powers of the City of Yakima to enact these changes, and the City Council finds it is in the best interests of the City and its residents to amend the Yakima Municipal Code to remove the fee amount from this chapter; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 11.62.050: Review of changes to Yakima register of historic places properties under Chapter 11.62 Historic Preservation Ordinance for Special Valuation, is hereby amended to read as follows: 11.62.050 Review of changes to the Yakima register of historic places properties To achieve the comprehensive plan and historic preservation goals and to safeguard the heritage of Yakima, a two-part evaluation system shall be followed: (1) The identification of those materials, features and combinations of features that give significance to property(ies) or districts on the Yakima register of historic places. (2) Assessing the potential impact or effect of rehabilitation work necessary for efficient contemporary utilization of the property. The historic character of a property or district is defined by many features: materials, style, method of construction, composition and decorative features; the presence of architectural metals; window number, arrangements and styles (fenestration); entrances and porches, storefronts on commercial buildings, internal arrangement and detailing; and the historic relationship between buildings, landscape features and open space, as well as many other materials and features, can all contribute to a property's character. After identifying the distinguishing historic characteristics of a property subject to the design review process, retention and preservation of those features and materials are the primary goals of the design review effort. This is accomplished through the review process individual to each property. Preferred approaches to the treatment of properties, specified by the Secretary of the Interior, are common to each property. These are, in descending order of preference: (1) protecting and maintaining, (2) repairing, (3) replacing in kind, (4) design for missing features, and (5) alterations and additions to historic buildings. The guidelines for the above are listed in the "rules and procedures" adopted herewith. A. Review Required. Except as provided in subsection B of this section, no person shall construct any new building or structure, or reconstruct, alter, restore, remodel, repair, move, demolish or make any material change affecting significant historic features as listed in the designation form(s) to any existing property on the Yakima register of historic places or contributing property within a historic district on the Yakima register without review by the commission and without receipt of a certificate of appropriateness, or in the case of demolition, a waiver of certificate of appropriateness, as a result of the review. The review shall apply to all features of the property, interior and exterior, that contribute to its designation and are listed on the designation. Material, documents and other information required by the commission to review the proposed changes shall be established in its rules and procedures. A preapplication conference is recommended but is at the request of the applicant. B. Exemptions. The following activities do not require a certificate of appropriateness or review by the commission: (1) Ordinary repairs and maintenance which do not affect significant historic features, including painting, or emergency measures as defined in YMC 11.62.030. (2) Ordinary repairs and maintenance which do not alter the appearance of a significant feature and do not utilize substitute materials. (3) If there are not interior features of significance, repairs to or replacement of utility systems and interior modifications to existing structures. (4) Any construction, reconstruction, alteration, restoration, remodeling, repairs, or alterations to noncontributing properties within a district as defined by the district inventory adopted by the commission and kept on file at the historic preservation office. (5) The installation, alteration, or repair of public and private plumbing, sewer, water and gas piping systems, where no right-of-way restoration is required. (6) The installation, alteration, or repair of public and private electrical, telephone, and cable television wiring systems. The installation of solar panels, wind generators and cellular antenna towers is not exempt. (7) The landscaping of private residences, unless such landscaping or landscaping elements are listed as features of historical significance of the property in the historic property inventory report maintained by the commission. (8) The maintenance of existing parking conditions and configurations, including curb cuts, driveways, alleys, and parking lots. (9) Signs not exceeding the limitations for a home occupation permit and those installed by the city for directional and Iocational purposes. (10) The following types of projects within the public rights -of -way: ADA accessibility ramps and installations, in -road work, traffic signaling equipment, utility markers, and equipment required by the United States Postal Service. C. Review Process. (1) Requests for Review and Issuance of a Certificate of Appropriateness or Waiver. (a) Procedure When City Permit Required. The director of community development or his/her designee shall initially review any application for a permit to work on a designated Yakima register of historic places property or contributing property in a Yakima register historic district. For any work not exempt from commission review as determined by the city, the director of community development or his/her designee shall report to the commission the application for a permit to work on a designated Yakima register of historic places property or in a Yakima register historic district. The commission or staff shall notify the applicant of the review requirements. The director of community development or his/her designee 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. (b) Procedure When No City Permit Required. In the event the director of community development is informed that work not requiring a city permit is proposed or has been performed on any existing property listed in the Yakima register of historic places or contributing property within a historic district on the Yakima register, the director of community development or his designee shall notify the commission. Upon receipt of such notification, or upon its own receipt of information that such work is proposed or has been performed, the commission may thereupon review the scope of proposed or performed work, determine whether a certificate of appropriateness or waiver is required, and invoke any procedure or procedures authorized in this chapter or law to require review, modify the work to conform to applicable standards, remove such property from the Yakima register of historic places, and/or initiate procedures to disqualify the property from special property tax valuation pursuant to YMC 11.62.060. Nothing in this section shall be construed to impose any duty or obligation upon the city to assure compliance with this chapter by owners or occupants of properties designated in any register of historic places or in a registered historic district, nor to create any special relationship with the commission, any third party, property owner, or owner of property within a historic district to assure compliance with this chapter. The duties and obligations of the city in this chapter are duties owed to the public and not to individual members thereof. The city shall be entitled to interpret and enforce its code provisions and this chapter in accordance with applicable law and procedures. (2) There shall be two types of reviews for issuance of a certificate of appropriateness: a. Type I. An administrative review by commission staff for repairs and replacements in kind as listed below, but not limited to, the following: i. Repairs (other than ordinary repair and maintenance) using the same materials and design as the original; ii. Reroofing using the same type of material; iii. Replacement of sidewalks and driveways using the same type of materials; iv. Replacement of foundations or major portions thereof, using the same type of materials; v. Replacement of utility systems if contributing interior features of significance are present; vi. Structural or seismic upgrades which do not alter or affect significant features. b. Type II. A public meeting review by the commission is required for any alteration in the appearance of a significant contributing feature, the replacement of historic material (other than in kind) in a significant feature, and/or additions to a Yakima register property; new construction on a Yakima register property or in a historic district; demolition or removal of a Yakima register property; or any excavation on an archaeological site. When a certificate of appropriateness is required, the following procedures shall govern according to the type of review required. (3) Type I Commission Staff Review. A Type I application for review for certificates of appropriateness shall be reviewed by the commission staff. a. The property owner or his/her agent shall file an application with the commission staff on a form provided by the commission. At a minimum, applications shall be accompanied by the following documents, materials and information: a clear photograph or photographs of the building, object, site or structure; a brief description of the proposed work; scaled drawings depicting the proposed work; and samples of replacement material for comparison with the existing or the original building or structure must be furnished with the application. b. A Type I commission staff review decision shall be made within thirty days from the date on which the commission staff receives a fully complete application. c. The commission staff may, on his or her own motion, refer the application to the commission for a decision in accordance with the procedures set forth for a Type II commission review. The time for a decision of the commission on the application shall run from the date that the application is referred to the commission by the staff. d. A Type I commission staff review decision shall be final and binding unless it is appealed to the commission by the aggrieved person, public agency or other legal entity. The appeal must be in writing on forms provided by the commission, and filed with the commission within fourteen calendar days of the date of the decision. The written appeal must specify all grounds for the appeal, request a hearing before the commission and be accompanied by an appeal fee in accordance with the City of Yakima Master Fee Schedule adopted by city council via resolution. The commission shall set a date, time and place for the appeal hearing. After the hearing, the commission shall make the final and conclusive written determination regarding the appeal. (4) Type II Commission Review. A Type II application for review for certificates of appropriateness or waiver thereof shall be reviewed by the commission in accordance with the following process. a. The property owner or his/her agent shall file an application with the commission on a form provided by the commission. Each application shall be accompanied by such documents, materials and information as required by the commission and which is reasonably necessary for the review of the proposed project. b. When an applicant is requesting a waiver of the certificate of appropriateness requirement in order to demolish a designated Yakima register of historic places property in whole or in part, the applicant shall also demonstrate in writing with the application that demolition alternatives have been or are being pursued (alternatives include but are not limited to economic analysis; offers to lease, sell or dedicate site to a private, public or nonprofit entity, and outcome of the offer; relocation of building, etc.). The commission shall consider these and other alternatives to demolition as part of its Type II review process. The commission may extend the review process as necessary to allow sufficient time to fully explore and consider altematives to demolition. The commission may also condition the issuance of a waiver upon the satisfaction of certain mitigation steps and measures (including, but not limited to, photographic documentation of the resource, an identification plaque, use of an architectural element in new construction, and/or buffering of the historic or cultural resource). c. The commission shall hold a public meeting to review the proposed work according to the design review criteria established in its rules. Notice of the time, date and place of the design review meeting shall be sent by first-class mail to the property owner(s) of record of the subject property as indicated by the records of the Yakima County auditor, applicant (if different), lessees and any other interested parties. The commission shall issue a written decision which shall set forth findings of fact and conclusions which constitute the basis for the decision. The commission's decision shall be forwarded to the code administration and planning manager or his/her designee. d. A Type II commission review decision shall be final and binding unless it is appealed to the city of Yakima city council by the aggrieved person, public agency or other legal entity. The appeal must be in writing on forms provided by the commission, and filed with the clerk of the city of Yakima within fourteen calendar days of the date of the decision. The written appeal must specify all grounds for the appeal, request a hearing before the city council and be accompanied by an appeal fee in accordance with the City of Yakima Master Fee Schedule adopted by city council via resolution. The city council shall set a date, time and place for the appeal hearing. The record on appeal shall be limited to that record developed before the commission at its public meeting to review the application. The city council shall apply the design review criteria established by the commission in considering the appropriateness of the commission decision. After the hearing, the city council shall make the final and conclusive written determination regarding the appeal. Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 21 st day of April, 2026. A I I EST: Matt Brown, Mayor Publication Date: April 25, 2026 Effective Date: May 25, 2026 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.G. For Meeting of: April 21, 2026 Ordinance amending Yakima Municipal Code Chapter 11.62 Historic Preservation Ordinance for Special Valuation relating to appeal fees SUBMITTED BY: Bill Preston, Community Development Director *Trevor Martin, Planning Manager SUMMARY EXPLANATION: Adopting the proposed ordinance removes fees and provides for fees to be published in the Master Fee Schedule. Further detail, This ordinance proposes to remove appeal fees for decisions issued regarding certificates of appropriateness that were inadvertently left in the code and not carried over to the master fee schedule. The appeal fees are proposed to be implemented into the Master Fee Schedule by a separate resolution. ITEM BUDGETED: NIA STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Pass Ordinance, ATTACHMENTS: ORDINANCE_Title 11- HPC Fees Track Changes_YMC 11.62.050 HPC Appeal Fee.pdf 54