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HomeMy WebLinkAbout2015-004 Historic Preservation for Special Valuation; YMC Amendment 11.62 ORDINANCE NO. 2015 -004 AN ORDINANCE relating to historic preservation; amending Chapter 11.62 of the Yakima Municipal Code regarding historic preservation of buildings, sites and historic districts. WHEREAS, the City Council has previously adopted ordinances establishing criteria for designation, establishment and administration of historic buildings, sites and districts within the City of Yakima, all as codified at Chapter 11.62 YMC; and WHEREAS, the City Council finds and determines that such chapter should be amended to clarify existing procedures and implement new procedures regarding historic preservation; and WHEREAS, the City Council finds and determines that Chapter 11.62 YMC should be amended as shown and set forth in Exhibit "A" with legislative changes shown in Exhibit "B ", both attached hereto and by this reference incorporated herein, and that such amendment is in the best interest of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 11.62 of the Yakima Municipal Code is hereby amended to read as set forth in Exhibit "A" attached hereto and incorporated herein, which Exhibit "A" incorporates the legislative changes set forth in Exhibit "B ". Section 2. 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 3 day of February, 2015. ATTEST: Micah Cawl , Mayor � =fa * Maigifi 7 t r Y 1 rr, i Sonya tar Tee, City Clerk * * 1 x X r Publication Date: February 6, 2015 1 %% \ �` Effective Date: March 8, 2015 EXHIBIT "A" Chapter 11.62 HISTORIC PRESERVATION ORDINANCE FOR SPECIAL VALUATION Sections: 11.62.010 Purpose. 11.62.020 Short title. 11.62.025 Applicability. 11.62.030 Definitions. 11.62.040 Yakima historic preservation commission. 11.62.045 Yakima register of historic places. 11.62.050 Review of changes to Yakima register of historic places properties. 11.62.060 Review and monitoring of properties for special property tax valuation. 11.62.010 Purpose. The purpose of this chapter is to provide for the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of the city of Yakima and preserve and rehabilitate eligible historic properties within the city of Yakima 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 Yakima as represented by those buildings, districts, objects, sites and structures which reflect significant elements of Yakima history; B. Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on Yakima history; C. Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects; D. Encourage capital investment in the rehabilitation of real property and assist in strategic economic development through the creation of jobs, construction spending and physical improvement within Yakima; E. Promote fundamental growth management principles and the development of sound tools for land use planning, urban design and environmental protections; 1 F. Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment; and G. Assist, encourage and provide incentives to private owners for preservation, rehabilitation, restoration, redevelopment, and use of historic buildings, districts, objects, sites and structures. 11.62.020 Short title. The following sections shall be known and may be cited as the "historic preservation ordinance of Yakima." 11.62.025 Applicability. This chapter applies to any property which falls into the following categories: A. Property listed or eligible to be listed on the Yakima historic inventory; B. Property listed or eligible to be listed on the Yakima Register of Historic Places, National Register of Historic Places, or Washington Heritage Register. 11.62.030 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. "Actual cost of rehabilitation" means costs incurred within twenty -four 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. B. A "building" is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings. C. "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. 2 D. "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. E. "Class of properties eligible to apply for special valuation in Yakima" means only all properties in Yakima listed on the Yakima and National Registers of Historic Places or properties certified as contributing to a Yakima 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. F. "Contributing property" means any property within a historic district which is documented in the Yakima or National Register of Historic Places to contribute architecturally, historically, and /or culturally to the historic character of the district, and properties that date from the historic period of significance for the historic district and retain integrity of materials, place, or setting. G. "Cost" means the actual cost of rehabilitation, which cost shall be at least twenty -five percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation. H. A "district" is 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" means work necessary to prevent destruction or dilapidation of 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 the Yakima Register of Historic Places or on the National Register of Historic Places. K. "Incentives" are such rights or privileges or combination thereof which the Yakima 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 commission created in YMC 11.62.040. 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. "Noncontributing property" means a property within a historic district which is documented in the Yakima or National Register of Historic Places as not contributing architecturally, historically, and /or culturally to the historic character of a historic district. 3 O. An "object" is 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. P. "Ordinary repair and maintenance" means work for which a permit issued by the city of Yakima 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. Q. "Owner" of property is the fee simple owner of record as exists on the Yakima County assessor's records. R. "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 the city of Yakima, Yakima County, or 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. S. A "site" is 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 if the location itself possesses historic cultural or archaeological significance. T. "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 ten years, the actual cost of the rehabilitation. U. A "structure" is a work made up of interdependent and interrelated parts in a definite pattern of organization. Generally constructed by human beings, it is often an engineering project. V. "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 a contributing property 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. W. "Washington Heritage Register" 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. X. "Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties" or "State Advisory Council's Standards" means the rehabilitation and 4 maintenance standards used by the Yakima Historic Preservation Commission as minimum requirements for determining whether or not a 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. Y. "Yakima historic inventory" or "inventory" means the comprehensive inventory of historic and prehistoric resources within the boundaries of Yakima. Z. "Yakima Historic Preservation Commission" or "Commission" means the Commission created by YMC 11.62.040. AA. "Yakima register of historic places," "local register," or "register" means the listing of locally designated properties provided for in YMC 11.62.045. 11.62.040 Yakima historic preservation commission. A. Creation and Size. There is hereby established a Yakima Historic Preservation Commission consisting of seven members, as provided in subsection B of this section. Members of the Yakima Historic Preservation Commission shall be appointed by the mayor with the approval of the Yakima City Council and shall be residents of the city of Yakima. B. Composition of the Commission. (1) All members of the Commission must have a demonstrated interest and competence in historic preservation, history, urban planning, or architecture and possess qualities of impartiality and broad judgment. (2) 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, landscape architecture, historic preservation, planning, folklore, cultural anthropology, prehistoric and historic archaeology, American studies, curation, traditional building crafts, the practice of historic rehabilitation or restoration, finance and banking, law, and real estate, or related disciplines. 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 Yakima and the State Historic Preservation Officer on behalf of the state. Furthermore, exception to the residency requirement of commission members may be granted by the mayor of Yakima with the approval of the Yakima City Council in order to obtain representatives from these disciplines. (3) In making appointments, the mayor may consider names submitted from any source, but the mayor shall notify Yakima history, heritage, preservation, and 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 any other source. C. Terms. The initial appointments to the Commission shall be staggered. Two members shall be appointed for one year, three members shall be appointed for two years, and two members 5 shall be appointed for four years. Thereafter, the terms shall be made for four years. There shall be no consecutive term limit for membership on the Commission. Vacancies shall be filled by the mayor with the approval of the council for a new or unexpired term in the same manner as the original appointment. D. Powers and Duties. The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of Yakima's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties, to raise community awareness of Yakima's history and historic resources, and to serve as Yakima's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the Commission shall engage in the following: (1) Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the city of Yakima and known as the Yakima historic inventory, and 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 Yakima Register of Historic Places. This official register shall be compiled of buildings, structures, sites, objects, and districts identified by the commission as having historic significance worthy of recognition and protection by the city of Yakima and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties. (3) Review nominations to the Yakima Register of Historic Places according to criteria in YMC 11.62.045 and adopt standards in its rules to be used to guide this review. (4) Review proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect properties or districts on the register as provided in YMC 11.62.050 and adopt standards and design guidelines 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. (6) Conduct all Commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. (7) Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric 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 city of Yakima. 6 (9) Review and comment to the Yakima City Council on land use, housing and redevelopment, economic development strategies, municipal improvements and other types of planning and programs undertaken by agencies of the city of Yakima, other neighboring communities, Yakima County, the state or federal governments, as they relate to historic resources of the city of Yakima. (10) Advise the Yakima City Council and the mayor of Yakima generally on matters of Yakima history and historic preservation. (11) Perform other related functions assigned to the Commission by the Yakima 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, websites, or similar activities. (13) 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 city of Yakima departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties. (15) Review nominations to the State and National Registers of Historic Places. (16) Investigate and report to the Yakima City Council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in the city of Yakima. (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 ten -year special valuation period; and f. Adopt bylaws and /or administrative rules and comply with all other board responsibilities identified in Chapter 84.26 RCW. 7 E. Compensation. All members shall serve without compensation. F. Rules and Officers. The Commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the Commission's business. G. Commission Staff. Commission and professional staff assistance shall be provided by the Department of Community Development with additional assistance and information to be provided by other city departments as may be necessary to aid the commission in carrying out its duties and responsibilities under this chapter. 11.62.045 Yakima 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 Yakima 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 forty 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 Yakima's cultural, special, 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 a historic person or event. (8) Is a birthplace or grave of a 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. 8 (10) Is a creative and unique example of folk or vernacular 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 Yakima Register of Historic Places. (1) Any person may nominate a building, structure, site, object, or district for inclusion in the Yakima 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 Yakima historic inventory and the Yakima comprehensive plan. (2) Applications for nominations must bear the signature of the property owner(s) of record of the subject property as indicated by the records of the Yakima County auditor. In the case of districts, applications for nomination of districts or additions to an existing district must bear the signatures of the owners of a majority of the properties within the proposed district or area to be added to an existing district. At least sixty percent of the properties within such proposed district or area to be added to an existing district shall be contributing properties. Applications shall be on forms and include information and documentation supporting the historic significance of the building, structure, site, object, or district. (3) In the case of individual properties, the designation shall include the legal description and all features — interior and exterior —and outbuildings that contribute to its designation. (4) In the case of districts, the designation shall include description of the boundaries of the district, the characteristics of the district which justify its designation, a list of all contributing properties including features, structures, sites, and objects which contribute to the designation of the district, and a list of all noncontributing properties. (5) The 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 an open record public hearing. At least ten days prior to the hearing, written notice by first -class mail of the time, date, place, and subject of the hearing will be given to all owners of record of the subject property as indicated by the records of the Yakima County auditor, the authors of the nomination, if different, and lessees, if any, of the subject property. Public notice of the hearing shall also be provided and shall include, at least ten days prior to the hearing, publication in a newspaper of general circulation in Yakima and posting of the property. The Commission shall, by a majority vote of its members, make a written recommendation to the City Council that the nomination of the subject property be approved or rejected for listing on the Yakima Register of Historic Places. The recommendation shall set forth findings of fact which constitute the basis for the recommendation. (6) Upon receipt of the Commission's recommendation, the City Council shall approve, reject or refer the recommendation back to the Commission for further consideration, as the council deems appropriate. Approval of a recommendation to designate a property 9 for listing on the register shall be done by City Council adoption of a resolution designating the building, structure, site, object, or district for listing on the Yakima Register of Historic Places. (7) Properties listed on the Yakima 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. C. Removal of Properties from the Register. (1) In the event that any property is no longer deemed appropriate for designation or no longer meets the eligibility requirements for the Yakima Register of Historic Places, the Commission may initiate removal from such designation by the same procedure as provided for in establishing the designation in subsection B of this section. (2) Additionally, and except to the extent that a property is subject to a historic preservation special valuation agreement entered into under the authority of YMC 11.62.060 and applicable state law, the property owner(s) of record (as indicated by the records of the Yakima County auditor) of a property listed on the Yakima Register of Historic Places may make a written request to have said property removed from the Register. The written request must be signed by said property owner(s) and notarized. Upon receipt of such a properly notarized written request, the Commission shall immediately remove the property from the Register. (3) Additionally, and except to the extent that a property is subject to a historic preservation special valuation agreement entered into under the authority of YMC 11.62.060 and applicable state law, the property owner(s) of record (as indicated by the records of the Yakima County auditor) of a contributing property in an existing historic district may make a written request to have said property changed from contributing to noncontributing status. The written request must be signed by said property owner(s) and notarized. Upon receipt of such a properly notarized written request, the commission shall immediately change the status of the subject property from contributing to noncontributing. D. Change of Status from Noncontributing to Contributing within a District. The owner(s) of record of a noncontributing property within a district may submit an application to the commission for change of status of the property from noncontributing to contributing. The application shall identify all features of historical significance of the property in accordance with subsection A of this section and shall include the legal description and all features — interior and exterior —and outbuildings that contribute to its proposed designation as a contributing property. The Commission shall consider the merits of the application according to the criteria in subsection A of this section and according to any review standards established in rules at an open meeting. This action shall be deemed a Type II Commission review subject to the procedures of YMC 11.62.050(C)(4). E. Effects of Listing on the Register. (1) Listing on the Yakima register of historic places is an honorary designation denoting significant association with the historic, archaeological, engineering, or cultural 10 heritage of the community. Properties are listed individually or as contributing properties to a historic district. (2) Prior to the commencement of any work on a Register property, or any contributing property in a district, excluding ordinary repair and maintenance and emergency measures defined in YMC 11.62.030 and the exemptions stated in YMC 11.62.050, 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 or contributing property within a district, the owner must request and receive a waiver of a certificate of appropriateness. (4) Because Yakima is certified as a certified local government (CLG), all qualifying properties listed on the Yakima and National Registers of Historic Places may be eligible for special tax valuation on their rehabilitation under YMC 11.62.060. 11.62.050 Review of changes to 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 11 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 Tots. (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. 12 (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. Re- roofing using the same type of material; iii. Replacement of sidewalks and driveways using the same type of materials; 13 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 of one hundred dollars. 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. 14 (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 alternatives 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 of one hundred dollars. 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. 15 11.62.060 Review and monitoring of properties for special property tax valuation. A. Time Lines. (1) Special property tax valuations applications shall be forwarded to the Commission by the assessor within ten calendar days of filing. (2) Applications which are received from the Yakima County Assessor, and deemed complete by the Commission staff no later than October 1 of the year in which the application is made shall be reviewed by the Commission before December 31st of the calendar year. (3) Commission decisions regarding the applications shall be certified in writing and filed with the assessor within ten calendar days of issuance. B. Procedure. (1) The assessor forwards the applications to the Commission. (2) The Commission staff shall review 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 as may be amended) and listed in subsection C of this section. a. If the application(s) is deemed complete, the Commission staff shall send the applicant a letter of complete application which provides the date the special valuation request will be considered, transmit the application to the Commission (as soon as practical), and schedule the application for review by the Commission. b. If the application(s) is deemed incomplete, the Commission staff shall transmit the application and a letter of incomplete application stating what is missing or incomplete from the applicant's application to the Commission (as soon as practical), and schedule the letter for review and signature by the Commission chair at the Commission's earliest public meeting, c. Following the Commission consideration, if the Commission finds the properties meet all the criteria, then, on behalf of the city of Yakima, it shall enter into a historic preservation special valuation agreement with the owner in a form set forth in WAC 254 -20 -120 (and as may be amended) and listed in subsection D of this section. Upon execution of the agreement between the owner and Commission, the Commission shall approve the application. d. If the Commission determines the properties do not meet all the criteria, then it shall deny the application. (3) The Commission shall certify its decision in writing and state the facts upon which the approval or denial is based and file copies of the certification with the Yakima County assessor. 16 (4) For approved applications, the Commission shall: a. Forward a copy of the agreement, application, and supporting documentation as required by WAC 254 -20- 070(4) (and as may be amended) and identified in subsection (C)(2) of this section to the assessor; b. Notify the state review board that the properties have been approved for special valuation; and c. Monitor the properties for continued compliance with the agreements throughout the ten -year special valuation period, including but not limited to any special valuation agreements that were entered into under the authority of YMC Chapter 11.60 and that are still in effect. (5) The Commission determines, in a manner consistent with its rules of procedure, whether or not a property is disqualified from special valuation either because of: a. The owner's failure to comply with the terms of the agreement; or b. A Toss of historic value resulting from physical changes to the building or site. (6) 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 for Special Valuation. (1) Historic Property Criteria. The class of historic property eligible to apply for special valuation in the city of Yakima means all properties listed on the Yakima or National Register of Historic Places or certified as contributing to a Yakima 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 (and as may be amended). (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 17 e. For properties located within historic districts, in addition to the standard application documentation, a statement from the Secretary of the Interior or Community Development Manager or his /her designee indicating the property is a certified historic structure. (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 property determined eligible for special valuation by the city of Yakima under subsection (C)(1) of this section; c. The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) (and as may be amended), and identified in subsection C of this section within twenty -four 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)). (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 (and as may be amended) shall be used by the Commission as minimum requirements for determining whether or not a 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 (and as may be amended) 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, or any other dispute, may be appealed to the city council in accordance with the procedures of YMC 11.62.050(C)(4)(d), and thereafter to the superior court under RCW 34.05.570 in addition to any other remedy of law. Any decision of the Commission on the disqualification of historic property eligible for special valuation may be appealed to the city council in accordance with the procedures of YMC 11.62.050(C)(4)(d), and thereafter to the county board of equalization. 18 EXHIBIT "B" (Changes shown in legislative format) Chapter 11.62 HISTORIC PRESERVATION ORDINANCE FOR SPECIAL VALUATION Sections: 11.62.010 Purpose. 11.62.020 Short title. 11.62.025 Applicability. 11.62.030 Definitions. 11.62.040 Yakima historic preservation commission. 11.62.045 Yakima register of historic places. 11.62.050 Review of changes to Yakima register of historic places properties. 11.62.060 Review and monitoring of properties for special property tax valuation. 11.62.010 Purpose. The purpose of this chapter is to provide for the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of the city of Yakima and preserve and rehabilitate eligible historic properties within the city of Yakima 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 Yakima as represented by those buildings, districts, objects, sites and structures which reflect significant elements of Yakima history; B. Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on Yakima history; C. Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects; D. Encourage capital investment in the rehabilitation of real property and assist in strategic economic development through the creation of jobs, construction spending and physical improvement within Yakima; 1 E. Promote fundamental growth management principles and the development of sound tools for land use planning, urban design and environmental protections; F. Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment; and G. Assist, encourage and provide incentives to private owners for preservation, rehabilitation, restoration, redevelopment, and use of historic buildings, districts, objects, sites and structures. 11.62.020 Short title. The following sections shall be known and may be cited as the "historic preservation ordinance of Yakima." 11.62.025 Applicability. This chapter applies to any property which falls into the following categories: A. Property listed or eligible to be listed on the Yakima historic inventory; B. Property listed or eligible to be listed on the Yakima Register of Historic Places, National Register of Historic Places, or Washington Heritage Register. 11.62.030 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. "Actual cost of rehabilitation" means costs incurred within twenty -four 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. B. A "building" is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings. C. "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 2 district and certified the changes as not adversely affecting the historic characteristics of the property which contribute to its designation. D. "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. E. "Class of properties eligible to apply for special valuation in Yakima" means only all properties in Yakima lictcd on thc National Rcgictcr of Historic Placcs or certified as contributing within a timo poriod which moots tho roquiromonts cot forth in Chaptor 84.26 RCW, until tho city CLC, thc cla:r, of propertics cligiblc to apply for cpccial valuation in thc city of Yakima means only all propertic& listed on the Yakima and National Registers of Historic Places or properties certified as contributing to a Yakima 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. F. "Contributing property" means any property within a historic district which is documented in the Yakima or National Register of Historic Places to contribute architecturally, historically, and /or culturally to the historic character of the district, and properties that date from the historic period of significance for the historic district and retain integrity of materials, place, or setting. G. "Cost" means the actual cost of rehabilitation, which cost shall be at least twenty -five percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation. H. A "district" is 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" means work necessary to prevent destruction or dilapidation of 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 the Yakima Register of Historic Places or on the National Register of Historic Places. K. "Incentives" are such rights or privileges or combination thereof which the Yakima 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 commission created in YMC 11.62.040. 3 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. "Noncontributing property" means a property within a historic district which is documented in the Yakima or National Register of Historic Places as not contributing architecturally, historically, and /or culturally to the historic character of a historic district draftcd and adoptcd by th O. An "object" is 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. P. "Ordinary repair and maintenance" means work for which a permit issued by the city of Yakima 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. Q. "Owner" of property is the fee simple owner of record as exists on the Yakima County assessor's records. R. "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 the city of Yakima, Yakima County, or 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. S. A "site" is 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 noncxtant non - extant building or structure if the location itself possesses historic cultural or archaeological significance. T. "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 ten years, the actual cost of the rehabilitation. U. A "structure" is a work made up of interdependent and interrelated parts in a definite pattern of organization. Generally constructed by human beings, it is often an engineering project. 4 V. "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 a contributing property 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. W. "Washington Heritage Register" 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. X. "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 Yakima Historic Preservation Commission as minimum requirements for determining whether or not a 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. Y. "Yakima historic inventory" or "inventory" means the comprehensive inventory of historic and prehistoric resources within the boundaries of Yakima. Z. "Yakima Historic Preservation Commission" or "Commission" means the Commission created by YMC 11.62.040. AA. "Yakima register of historic places," "local register," or "register" means the listing of locally designated properties provided for in YMC 11.62.045. 11.62.040 Yakima historic preservation commission. A. Creation and Size. There is hereby established a Yakima Historic Preservation Commission consisting of seven members, as provided in subsection B of this section. Members of the Yakima Historic Preservation Commission shall be appointed by the mayor with the approval of the Yakima City Council and shall be residents of the city of Yakima. B. Composition of the Commission. (1) All members of the Commission must have a demonstrated interest and competence in historic preservation, history, urban planning, or architecture and possess qualities of impartiality and broad judgment. (2) 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, landscape architecture, historic preservation, planning, folklore, cultural anthropology, prehistoric and historic archaeology, American studies, curation, traditional building crafts, the practice of historic rehabilitation or restoration, finance and banking, law, and real estate, or related disciplines. 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 Yakima and the State Historic Preservation Officer on behalf of the state. Furthermore, exception to the residency requirement of commission members may be granted by the mayor of Yakima 5 with the approval of the Yakima City Council in order to obtain representatives from these disciplines. (3) In making appointments, the mayor may consider names submitted from any source, but the mayor shall notify Yakima history, heritage, preservation, and 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 any other source. C. Terms. The initial appointments to the Commission shall be staggered. Two members shall be appointed for one year, three members shall be appointed for two years, and two members shall be appointed for four years. Thereafter, the terms shall be made for four years. There shall be no consecutive term limit for membership on the Commission. Vacancies shall be filled by the mayor with the approval of the council for a new or unexpired term in the same manner as the original appointment. D. Powers and Duties. The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of Yakima's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties, to raise community awareness of Yakima's history and historic resources, and to serve as Yakima's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the Commission shall engage in the following: (1) Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the city of Yakima and known as the Yakima historic inventory, and 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 Yakima Register of Historic Places. This official register shall be compiled of buildings, structures, sites, objects, and districts identified by the commission as having historic significance worthy of recognition and protection by the city of Yakima and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties. (3) Review nominations to the Yakima Register of Historic Places according to criteria in YMC 11.62.045 and adopt standards in its rules to be used to guide this review. (4) Review proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect properties or districts on the register as provided in YMC 11.62.050 and adopt standards and design guidelines 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. 6 (6) Conduct all Commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. (7) Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric 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 city of Yakima. (9) Review and comment to the Yakima City Council on land use, housing and redevelopment, economic development strategies, municipal improvements and other types of planning and programs undertaken by agencies of the city of Yakima, other neighboring communities, Yakima County, the state or federal governments, as they relate to historic resources of the city of Yakima. (10) Advise the Yakima City Council and the mayor of Yakima generally on matters of Yakima history and historic preservation. (11) Perform other related functions assigned to the Commission by the Yakima 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, websites, or similar activities. (13) 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 city of Yakima departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties. (15) Review nominations to the State and National Registers of Historic Places. (16) Investigate and report to the Yakima City Council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in the city of Yakima. (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; 7 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 ten -year special valuation period; and f. Adopt bylaws and /or administrative rules and comply with all other board responsibilities identified in Chapter 84.26 RCW. E. Compensation. All members shall serve without compensation. F. Rules and Officers. The Commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the Commission's business. G. Commission Staff. Commission and professional staff assistance shall be provided by the Department of Community and - ocono sic Development with additional assistance and information to be provided by other city departments as may be necessary to aid the commission in carrying out its duties and responsibilities under this chapter. 11.62.045 Yakima 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 Yakima 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 forty 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 Yakima's cultural, special, 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. 8 (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 a historic person or event. (8) Is a birthplace or grave of a 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 creative and unique example of folk or vernacular 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 Yakima Register of Historic Places. (1) Any person may nominate a building, structure, site, object, or district for inclusion in the Yakima 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 Yakima historic inventory and the Yakima comprehensive plan. (2) Applications for nominations must bear the signature of the property owner(s) of record of the subject property as indicated by the records of the Yakima County auditor. In the case of districts, applications for nomination of districts or additions to an existing district must bear the signatures of the owners of a majority of the properties within the proposed district or area to be added to an existing district. At least sixty percent of the properties within such proposed district or area to be added to an existing district shall be contributing properties. Applications shall be on forms and include information and documentation supporting the historic significance of the building, structure, site, object, or district. (3) In the case of individual properties, the designation shall include the legal description and all features — interior and exterior —and outbuildings that contribute to its designation. (4) In the case of districts, the designation shall include description of the boundaries of the district, the characteristics of the district which justify its designation, a list of all contributing properties including features, structures, sites, and objects which contribute to the designation of the district, and a list of all noncontributing properties. (5) The 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 an open record public hearing. At least ten days prior to the hearing, written notice by first -class mail of the time, date, place, and subject of the hearing will be given to all owners of record of the subject property as indicated by the records of the Yakima County auditor, the authors of the nomination, if different, and lessees, if any, of the subject property. Public notice of the hearing shall also be provided and shall include, at least ten days prior to the hearing, publication in a newspaper of general circulation in Yakima and posting of the property. 9 The Commission shall, by a majority vote of its members, make a written recommendation to the City Council that the nomination of the subject property be approved or rejected for listing on the Yakima Register of Historic Places. The recommendation shall set forth findings of fact which constitute the basis for the recommendation. (6) Upon receipt of the Commission's recommendation, the City Council shall approve, reject or refer the recommendation back to the Commission for further consideration, as the council deems appropriate. Approval of a recommendation to designate a property for listing on the register shall be done by City Council adoption of a resolution designating the building, structure, site, object, or district for listing on the Yakima Register of Historic Places. (7) Properties listed on the Yakima 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. C. Removal of Properties from the Register. (1) In the event that any property is no longer deemed appropriate for designation or no longer meets the eligibility requirements for the Yakima Register of Historic Places, the Commission may initiate removal from such designation by the same procedure as provided for in establishing the designation in subsection B of this section. (2) Additionally, and except to the extent that a property is subject to a historic preservation special valuation agreement entered into under the authority of YMC 11.62.060 and applicable state law, the property owner(s) of record (as indicated by the records of the Yakima County auditor) of a property listed on the Yakima Register of Historic Places may make a written request to have said property removed from the Register. The written request must be signed by said property owner(s) and notarized. Upon receipt of such a properly notarized written request, the Commission shall immediately remove the property from the Register. (3) Additionally, and except to the extent that a property is subject to a historic preservation special valuation agreement entered into under the authority of YMC 11.62.060 and applicable state law, the property owner(s) of record (as indicated by the records of the Yakima County auditor) of a contributing property in an existing historic district may make a written request to have said property changed from contributing to noncontributing status. The written request must be signed by said property owner(s) and notarized. Upon receipt of such a properly notarized written request, the commission shall immediately change the status of the subject property from contributing to noncontributing. D. Change of Status from Noncontributing to Contributing within a District. The owner(s) of record of a noncontributing property within a district may submit an application to the commission for change of status of the property from noncontributing to contributing. The application shall identify all features of historical significance of the property in accordance with subsection A of this section and shall include the legal description and all features — interior and exterior —and outbuildings that contribute to its proposed designation as a contributing property. 10 The Commission shall consider the merits of the application according to the criteria in subsection A of this section and according to any review standards established in rules at an open meeting. This action shall be deemed a Type II Commission review subject to the procedures of YMC 11.62.050(C)(4). E. Effects of Listing on the Register. (1) Listing on the Yakima 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 a historic district. (2) Prior to the commencement of any work on a Register property, or any contributing property in a district, excluding ordinary repair and maintenance and emergency measures defined in YMC 11.62.030 and the exemptions stated in YMC 11.62.050, 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 or contributing property within a district, the owner must request and receive a waiver of a certificate of appropriateness. (4) Onco tho city of Because Yakima is certified as a certified local government (CLG), all qualifying properties listed on the Yakima and National Registers of Historic Places may be eligible for special tax valuation on their rehabilitation under YMC 11.62.060. 11.62.050 Review of changes to 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. 11 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. 12 (9) Signs not exceeding the limitations for a home occupation permit and those installed by the city for directional and locations! 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 and esenemin 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 and- esenemie 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 and - economic 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 and- esenemie 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 and - economic 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: 13 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. Re- roofing 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 14 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 of one hundred dollars. 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 1 1 Commission Review. A Type I I 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 11 review process. The Commission may extend the review process as necessary to allow sufficient time to fully explore and consider alternatives 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 Of 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. 15 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 of one hundred dollars. 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. 11.62.060 Review and monitoring of properties for special property tax valuation. A. Time Lines. (1) Special property tax valuations applications shall be forwarded to the Commission by the assessor within ten calendar days of filing. (2) Applications which are received from the Yakima County Assessor, and deemed complete by the Commission staff no later than October 1 of the year in which the application is made shall be reviewed by the Commission before December 31st of the calendar year in which the application is mado. (3) Commission decisions regarding the applications shall be certified in writing and filed with the assessor within ten calendar days of issuance. B. Procedure. (1) The assessor forwards the applications to the Commission. (2) The Commission staff shall review 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 as may be amended) and listed in subsection C of this section. a. If the application(s) is deemed complete, the Commission staff shall send the applicant a letter of complete application which provides the date the special valuation request will be considered, transmit the application to the Commission (as soon as practical), and schedule the application for review by the Commission. b. If the application(s) is deemed incomplete, the Commission staff shall transmit the application and a letter of incomplete application stating what is missing or incomplete from the applicant's application to the Commission (as soon as practical), and schedule the letter for review and signature by the Commission chair at the Commission's earliest public meeting, 16 ac. a# Following the Commission consideration, if the Commission finds the properties meet all the criteria, then, on behalf of the city of Yakima, it shall enter into a historic preservation special valuation agreement with the owner in a form set forth in WAC 254 -20 -120 (and as may be amended) and listed in subsection D of this section. Upon execution of the agreement between the owner and Commission, the Commission shall approve the application. bd. If the Commission determines the properties do not meet all the criteria, then it shall deny the application. (3) The Commission shall certify its decision in writing and state the facts upon which the approval or denial is based and file copies of the certification with the Yakima County assessor. (4) For approved applications, the Commission shall: a. Forward a copy of the agreement, application, and supporting documentation as required by WAC 254 -20- 070(4) (and as may be amended) and identified in subsection (C)(2) of this section to the assessor; b. Notify the state review board that the properties have been approved for special valuation; and c. Monitor the properties for continued compliance with the agreements throughout the ten -year special valuation period, including but not limited to any special valuation agreements that were entered into under the authority of YMC Chapter 11.60 and that are still in effect. (5) The Commission determines, in a manner consistent with its rules of procedure, whether or not a property is disqualified from special valuation either because of: a. The owner's failure to comply with the terms of the agreement; or b. A loss of historic value resulting from physical changes to the building or site. (6) 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 for Special Valuation. (1) Historic Property Criteria. The class of historic property eligible to apply for special valuation in the city of Yakima means all properties listed on the Yakima or National Register of Historic Places or certified as contributing to a Yakima 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 (and as may be amended) until thc city of Yakima bccomcs a ccrtificd local govcrnmcnt (CLC). Onco Yakima bccomcs a CLC, thc class of property cligiblc to apply for cpccial valuation in Yakima mans all propertics lict0d on thc Yakima and National Rcgict0rs of Historic 17 Placos or proportios cortifiod as contributing to a Yakima or National Rogictor Historic District which havo boon substantially rohabilitatod at a cost and within a timo poriod which mccts the rcquircmcnts sot forth in Chaptcr 8 '1.26 RCW (and as may be ameneleel), (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 cede administrator and planning managcr Community Development Manager or his /her designee indicating the property is a certified historic structure. (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 property determined eligible for special valuation by the city of Yakima under subsection (C)(1) of this section; c. The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) (and as may be amended), and identified in subsection C of this section within twenty -four 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)). (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 (and as may be amended) shall be used by the Commission as minimum requirements for determining whether or not a historic property is eligible for special 18 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 (and as may be amended) 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, or any other dispute, may be appealed to the city council in accordance with the procedures of YMC 11.62.050(C)(4)(d), and thereafter to the superior court under RCW 34.05.570 in addition to any other remedy of law. Any decision of the Commission on the disqualification of historic property eligible for special valuation may be appealed to the city council in accordance with the procedures of YMC 11.62.050(C)(4)(d), and thereafter to the county board of equalization. 19 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: February 03, 2015 ITEM TITLE: Ordinance Amending Chapter 11.62 Historic Preservation for Special Valuation SUBMITTED BY: Joan Davenport, Community Development Director & Jeff Peters, Supervising Planner 509 -575 -6163 SUMMARY EXPLANATION: Due to procedural issues with regard to processing applications for Special Valuation (a property tax incentive), the City of Yakima's Historic Preservation Commission and staff reviewed the City's existing Historic Preservation Ordinance YMC 11.62 on October 22, 2014, and provided the City of Yakima's Built Environment Committee their suggested changes correcting and clarifying the process for Special Valuation applications. On November 20, 2014, the City's Built Environment Committee reviewed the proposed ordinance changes and found them to be correct and appropriate, and recommended that the ordinance be sent to the full council for consideration. Resolution: Ordinance: X Other (Specify): Contract Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: it City Manager l l RECOMMENDATION: Staff, the City of Yakima's Historic Preservation Commission, and Built Environment Committee recommend adoption of the accompanying ordinance. ATTACHMENTS: Description Upload Date Type ❑ Ordinance Amending YMC 11.62 Historic 1/23/2015 Ordinance Preservation Special Valuation ❑ Historic Preservation Ordinance Exhibit A 1/23/2015 Exhibit ❑ exhibit b 1/29/2015 Exhibit