HomeMy WebLinkAbout3785 Ordinance ORDINANCE NO. 3 ? S
AN ORDINANCE of the City of Pasco, Washington, creating a new
Title 27 "Historic Preservation" providing for the establishment of
the City of Pasco Historic Preservation Commission; and
determining the procedure for properties to enter into a Historic
Preservation Special Valuation Agreement.
WHEREAS, the State of Washington has established a Special Valuation
program for the renovation of certain Historic Properties within the State; and
WHEREAS, the State of Washington requires that the City establish a
local review board to evaluate properties for inclusion into the Special
Valuation Program; and
WHEREAS, the City wishes to establish a Commission which will
educate the pubic with regard to the historic resources within the community;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. That a new Title 27 entitled "Historic Preservation" of the
Pasco Municipal Code shall be and hereby is enacted and shall read as follows:
TITLE 27
HISTORIC PRESERVATION
CHAPTER 27.040 PURPOSE.................................................................. 1
CHAPTER 27.050 SHORT TITLE. ...........................................................2
CHAPTER 27.060 DEFINITIONS ............................................................2
CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMMISSION
.......................................................................................4
CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL
PROPERTYTAX VALUATION...................................................................6
CHAPTER27.090 CRITERIA .................................................................8
CHAPTER 27.100 AGREEMENT............................................................9
CHAPTER 27.110 APPEALS ..................................................................9
CHAPTER 27.040 PURPOSE.
27.040.010 PURPOSE. The purpose of this ordinance is to provide for
the identification, evaluation, designation, and protection of designated historic
and prehistoric resources within the boundaries of the City of Pasco and
preserve and rehabilitate eligible historic properties within the City of Pasco for
future generations through special valuation, a property tax incentive, as
provided in Chapter 84.26 RCW in order to:
1) Safeguard the heritage of the City of Pasco as represented by those
buildings, districts, objects, sites and structures which reflect
significant elements of Pasco's history;
2) Foster civic and neighborhood pride in the beauty and
accomplishments of the past, and a sense of identity based on
Pasco's history;
3) Stabilize or improve the aesthetic and economic vitality and values
of such sites, improvements and objects;
4) Assist, encourage and provide incentives to private property
owners for preservation, restoration, redevelopment and use of
outstanding historic buildings, districts, objects, sites and
structures;
5) Promote and facilitate the early identification and resolution of
conflicts between preservation of historic resources and alternative
uses; and,
6) Conserve valuable material and energy resources by ongoing use
and maintenance of the existing built environment.
CHAPTER 27.050 SHORT TITLE.
27.050.010 SHORT TITLE. The following sections shall be known and
may be cited as the "Special Valuation for Historic Properties Ordinance of the
City of Pasco."
CHAPTER 27.060 DEFINITIONS
27.060.005 DEFINITIONS. The following words and terms when used in
this ordinance shall mean as follows, unless a different meaning clearly
appears from the context:
27.060.010 CITY OF PASCO HISTORIC PRESERVAION COMMISSION.
"City of Pasco Historic Preservation Commission", or "Commission" means the
Commission created in Section 27.070.010 herein.
27.060.020 ACTUAL COST OF REHABILITATION. "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: a)
improvements to an existing building located on or within the perimeters of the
original structure; or b) improvements outside of but directly attached to the
original structure which are necessary to make the building fully useable but
shall not include rentable/habitable floor-space attributable to new
construction; or c) architectural and engineering services attributable to the
design of the improvements; or d) all costs defined as "qualified rehabilitation
expenditures" for purposes of the federal historic preservation investment tax
credit.
27.060.030 BUILDING. A "building" is a structure constructed by
human beings. This includes both residential and nonresidential buildings,
main and accessory buildings.
27.060.040 CLASS OF PROPERTIES ELIGIBLE TO APPLY FOR SPECIAL
VALUATION IN THE CITY OF PASCO. "Class of properties eligible to apply for
Special Valuation in the City of Pasco" means properties listed on the National
Register of Historic Places or certified as contributing to a National Register
Historic District which have been substantially rehabilitated at a cost and
within a time period which meets the requirements set forth in Chapter 84.26
RCW.
27.060.050 COST. "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.
27.060.060 EMERGENCY REPAIR. "Emergency repair" means work
necessary to prevent destruction or dilapidation to real property or structural
appurtenances thereto immediately threatened or damaged by fire, flood,
earthquake or other disaster.
27.060.070 HISTORIC PROPERTY. "Historic property" means real
property together with improvements thereon, except property listed in a
register primarily for objects buried below ground, which is listed on the
National Register of Historic Places.
27.060.080 LOCAL REVIEW BOARD. "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 Section 27.070.010
herein.
27.060.090 NATIONAL REGISTER OF HISTORIC PLACES. "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.
27.060.100 OWNER. "Owner" of property is the owner of record as
exists on the Franklin County Assessor's records.
27.060.110 SPECIAL VALUATION. "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. (Chapter 84.26 RCW).
27.060.120 STRUCTURE. A "structure" is a work made up of
interdependent and interrelated parts in a definite pattern of organization.
Generally constructed by man, it is often an engineering project.
27.060.130 WASHINGTON STATE ADVISORY COUNCIL'S STANDARDS
FOR THE REHABILITATION AND MAINTENANCE OF HISTORIC PROPERTIES.
"Washington State Advisory Council's Standards for the Rehabilitation and
Maintenance of Historic Properties" or "State Advisory's Council's Standards"
means the rehabilitation and maintenance standards used by the City of
Pasco Historic Preservation Commission as minimum requirements for
determining whether or not an historic property is eligible for special valuation
and whether or not the property continues to be eligible for special valuation
once it has been so classified.
CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION
COMMISSION
27.070.010 CREATION AND SIZE. There is hereby established a City of
Pasco Historic Preservation Commission, consisting of five (5) members, as
provided in Sections 27.070.020 and 27.070.030 below. Members of the City of
Pasco Historic Preservation Commission shall be appointed by the Mayor and
approved by the Pasco City Council and shall be residents or own property in
the City of Pasco, except as provided in Section 27.070.020(2) below.
27.070.020 COMPOSITION OF THE COMMISSION. 1) All members of
the Commission must have a demonstrated interest and competence in historic
preservation and possess qualities of impartiality and broad judgment.
2) The commission shall always include at least two (2) professionals who have
experience in identifying, evaluating, and protecting historic resources and are
selected from among the disciplines of architecture, history, architectural
history, planning, prehistoric and historic archaeology, folklore, cultural
anthropology, curatorship, conservation, landscape architecture, 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. Furthermore, exception to the residency requirement of Commission
members may be granted by the Mayor and City Council in order to obtain
representatives from these disciplines.
3) In making appointments, the Mayor may consider names submitted from
any source.
27.070.030 TERMS. The original appointment of members to the
Commission shall be as follows: two (2) for two (2) years; two (2) for three (3)
years; and one (1) for four (4) years. Thereafter, appointments shall be made for
a three (3) year term. Vacancies shall be filled by the Mayor for the unexpired
term in the same manner as the original appointment.
27.070.040 POWERS AND DUTIES. 1) Responsibility. The major
responsibility of the Historic Preservation Commission is to identify and
actively encourage the conservation of Pasco's historic resources by reviewing
National Register properties applying for Special Tax Valuation; to raise
community awareness of Pasco's history and historic resources; and to serve as
the City of Pasco's primary resource in matters of history, historic planning,
and preservation. In carrying out these responsibilities, the Historic
Preservation Commission shall engage in the following:
a) 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.
b) Participate in, promote and conduct public information,
educational and interpretive programs pertaining to historic and
prehistoric resources.
c) 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 Pasco.
d) Review and comment to the Pasco City Council on land use,
housing and redevelopment, municipal improvement and other
types of planning and programs undertaken by any agency of the
City of Pasco, other neighboring communities, the Franklin
County, the State or Federal governments, as relate to historic
resources of the City of Pasco.
e) Advise the Pasco City Council and the Mayor generally on matters
of Pasco's history and historic preservation.
Perform other related functions assigned to the Commission by the
Pasco City Council or the Mayor.
g) Provide information to the public on methods of maintaining and
rehabilitating historic properties. This may take the form of
pamphlets, newsletters, workshops, or similar activities.
h) 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.
i) Be informed about and provide information to the public and City
of Pasco departments on incentives for preservation of historic
resources including legislation, regulations and codes which
encourage the use and adaptive reuse of historic properties.
j) Investigate and report to the Pasco City Council on the use of
various federal, state, local or private funding sources available to
promote historic resource preservation in Pasco.
k) Serve as the local review board for Special Valuation and:
1. Make determinations concerning the eligibility of historic
properties for special valuation;
2. Verify that the improvements are consistent with the
Washington State Advisory Council's Standards for
Rehabilitation and Maintenance:
3. Enter into agreements with property owners for the duration
of the special valuation period as required under WAC 254-
20-070(2);
4. Approve or deny applications for special valuation;
5. Monitor the property for continued compliance with the
agreement and statutory eligibility requirements during the
10 year special valuation period; and
6. Adopt bylaws and/or administrative rules and comply with
all other local review board responsibilities identified in
Chapter 84.26 RCW.
1) The Commission shall adopt rules of procedure to address their
responsibilities under this ordinance.
27.070.050 COMPENSATION. All members shall serve without
compensation.
27.070.060 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.
27.070.070 COMMISSION STAFF. Commission and professional staff
assistance shall be provided by the Director of Community & Economic
Development with additional assistance and information to be provided by
other City of Pasco departments as may be necessary to aid the Commission in
carrying out its duties and responsibilities under this ordinance.
CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR
SPECIAL PROPERTY TAX VALUATION
27.080.010 TIME LINES.
1) Applications shall be forwarded to the Commission by the Franklin
County Assessor within ten (10) calendar days of filing.
2) Applications shall be reviewed by the Commission before December
31 of the calendar year in which the application is made provided
that the application is received prior to October 1.
3) Commission decisions regarding the applications shall be certified
in writing and filed with the Franklin County Assessor within ten
(10) calendar days of issuance.
27.080.020 PROCEDURE.
1) The Franklin County Assessor forwards the application(s) to the
Commission.
2) The Commission reviews the application(s), consistent with its
rules of procedure, and determines if the application(s) are
complete and if the properties meet the criteria set forth in WAC
254-20-070(1) and listed in Section 27.090.030 of this ordinance.
a. If the Commission finds the properties meet all the criteria,
then, on behalf of the City of Pasco, it enters into a Historic
Preservation Special Valuation Agreement (set forth in WAC
254-20-120 and in Section 27.100 of this ordinance) with
the owner. Upon execution of the agreement between the
owner and Commission, the Commission approves the
application(s)
b. If the Commission determines the properties do not meet all
the criteria, then it shall deny the application(s).
3) The Commission certifies its decisions in writing and states the
facts upon which the approvals or denials are based and files
copies of the certifications with the Franklin County Assessor.
4) For approved applications:
a. The Commission forwards copies of the agreements,
applications, and supporting documentation (as required by
WAC 254-20-090 (4) and identified in Section 27.090.020 of
this ordinance) to the Franklin County Assessor,
b. Notifies the state review board that the properties have been
approved for special valuation, and
c. Monitors the properties for continued compliance with the
agreements throughout the 10-year special valuation period.
5) The Commission determines, in a manner consistent with its rules
of procedure, whether or not properties are disqualified from
special valuation either because of:
a. The owner's failure to comply with the terms of the
agreement, or
b. Because of a loss of historic value resulting from physical
changes to the building or site.
c. For disqualified properties, in the event that the Commission
concludes that a property is no longer qualified for special
valuation, the Commission shall notify the owner, assessor,
and state review board in writing and state the facts
supporting its findings.
CHAPTER 27.090 CRITERIA
27.090.010 HISTORIC PROPERTY CRITERIA: The class of historic
property eligible to apply for Special Valuation in City of Pasco means
properties listed on the National Register of Historic Places which have been
substantially rehabilitated at a cost and within a time period which meets the
requirements set forth in Chapter 84.26 RCW.
27.090.020 APPLICATION CRITERIA: Complete applications shall
consist of the following documentation:
1) A legal description of the historic property,
2) Comprehensive exterior and interior photographs of the historic
property before and after rehabilitation,
3) Architectural plans or other legible drawings depicting the
completed rehabilitation work, and
4) A notarized affidavit attesting to the actual cost of the
rehabilitation work completed prior to the date of application and
the period of time during which the work was performed and
documentation of both to be made available to the commission
upon request, and
5) For properties located within historic districts, in addition to the
standard application documentation, a statement from the
Secretary of the Interior or Pasco Director of Community and
Economic Development, indicating the property is a certified
historic structure is required.
6) Any other documents that the Commission needs to evaluate the
request. All costs shall be the responsibility of the applicant.
27.090.030 PROPERTY REVIEW CRITERIA. In its review the
Commission shall determine if the properties meet all the following criteria:
1) The property is historic property;
2) The property is included within a class of historic property
determined eligible for Special Valuation by the City of Pasco under
Section 27.080.020 of this ordinance;
3) The property has been rehabilitated at a cost which meets the
definition set forth in RCW 84.26.020(2) (and identified in Section
27.060.020 of this ordinance) within twenty-four months prior to
the date of application; and 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).
27.090.040 REHABILITATION AND MAINTENANCE CRITERIA: The
Washington State Advisory Council's Standards for the Rehabilitation and
Maintenance of Historic Properties in WAC 254-20-100 shall be used by the
Commission as minimum requirements for determining whether or not an
historic property is eligible for special valuation and whether or not the
property continues to be eligible for special valuation once it has been so
classified.
27.090.050 EVALUATION COSTS: Costs, mutually agreed upon by the
applicant and Commission, including but not limited to the costs of
professional services, incurred by the Commission in evaluating applications
for Special Valuation shall be the responsibility of the applicant(s).
CHAPTER 27.100 AGREEMENT
27.100.010 AGREEMENT. The historic preservation special valuation
agreement in WAC 254-20-120 shall be used by the Commission as the
minimum agreement necessary to comply with the requirements of RCW
84.26.050(2).
CHAPTER 27.110 APPEALS
27.110.010 APPEALS. Any decision of the Commission acting on any
application for classification as historic property, eligible for special valuation,
may he appealed to Superior Court under Chapter 34.05.510 -34.05.598 RCW
in addition to any other remedy of law. Any decision on the disqualification of
historic property eligible for special valuation, or any other dispute, may be
appealed to the Franklin County Board of Equalization.
Section 2. This ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, this 7th day of August,
2006.
drrL,C'e,ojjln:�
Joyce lso
Mayo
ATTEST: APPR VED-AS TO FORM:
Sandy L. Kdnworthy Leland B. Kerr
Deputy City Clerk City Attorney