HomeMy WebLinkAbout4178 OrdinanceORDINANCE NO. 1-"4 17 F
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON AMENDING TITLE 27 "HISTORIC
PRESERVATION" ALLOWING THE CITY TO QUALIFY AS A "CERTIFIED LOCAL
GOVERNMENT" (CLG), EXPANDING THE HISTORIC PRESERVATION COMMISSION,
ESTABLISHING A LOCAL REGISTER OF HISTORIC PROPERTIES, ESTABLISHING A
COMPREHENSIVE INVENTORY LOCAL HISTORIC RESOURCES, AND ESTABLISHING A
LOCAL REVIEW PROCESS.
WHEREAS, The City Council approved Title 27 Historic Preservation (Ordinance 3785) in
August 2006 to facilitate Special Tax Valuation for State and National Historic Register properties within
the City; and
WHEREAS, One of Council's 2012 -2013 goals was to "assist the Historic Preservation
Commission with the development of a Historic Preservation Plan for the City;" and,
WHEREAS, In November of 2013 the City approved a Historic Preservation Work Plan
(Resolution 3521); and,
WHEREAS, one of the major Work Plan action items was the City receiving approval as a
Certified Local Government (CLG); and,
WHEREAS, among the requirements for CLG status is passage of a Historic Preservation
Ordinance which includes key elements including sections dealing with a local register of historic places,
and an historic resources design review; and,
WHEREAS, the City wishes to amend Title 27 "Historic Preservation" to comply with the State
and National requirements for Certified Local Goverrnnents; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That Title 27 entitled "Historic Preservation" of the Pasco Municipal Code shall be and
hereby is amended and shall read as follows:
TITLE 27
HISTORIC PRESERVATION
CHAPTER27.040 PURPOSE ..................... .................................................................. ............................... 2
CHAPTER27.050 SHORT TITLE ............................................................................... ............................... 2
CHAPTER27.060 DEFINITIONS ................................................................................ ............................... 2
CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMMISSION .............................5
CHAPTER 27.075 CITY OF PASCO REGISTER OF HISTORIC PLACES .............. ............................... 7
CHAPTER 27.076 REVIEW OF CHANGES TO THE CITY OF PASCO REGISTER OF HISTORIC
RESOURCES................................................................................................................. ..............................9
CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY
TAXVALUATION ....................................................................................................... .............................10
CHAPTER27.090 CRITERIA .................................................................................... ............................... 11
CHAPTER27.100 AGREEMENT .............................................................................. ............................... 13
CHAPTER27.110 APPEALS ..................................................................................... ............................... 13
PMC Title 27 8/7/2006 (REVISED 9/15/14) 1
CHAPTER 27.040 PURPOSE.
Sections:
27.040.010 PURPOSE ....................................................................................... ..............................2
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 die 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
Sections:
27.050.010 SHORT TITLE ............................................................................... ..............................3
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
Sections:
27.060.005 DEFINITIONS ................................................................................ ..............................4
27.060.006 CITY OF PASCO HISTORIC INVENTORY .............................................................. 4
27.060.010 CITY OF PASCO HISTORIC PRESERVATION COMMISSION ............................4
27.060.01 1 CITY OF PASCO REGISTER OF HISTORIC PLACES ............. ..............................4
27.060.020 ACTUAL COST OF REHABILITATION ..................................... ..............................4
27.060.030 BUILDING ..................................................................................... ..............................4
27.060.035 CERTIFICATE OF APPROPRIATENESS ................................... ..............................4
27.060.036 CERTIFIED LOCAL GOVERNMENT ......................................... ..............................4
27.060.040 CLASS OF PROPERTIES ELIGIBLE TO APPLY FOR SPECIAL VALUATION IN
THECITY OF PASCO ..................................................................................... ..............................5
27.060.050 COST ............................................................................................. ............................... 5
27.060.060 EMERGENCY REPAIR ................................................................ ..............................6
27.060.070 HISTORIC PROPERTY ................................................................. ..............................6
27. 060.075 INCENTIVES ................................................................................ ..............................6
27.060.080 LOCAL REVIEW BOARD ............................................................ ..............................6
27.060.090 NATIONAL REGISTER OF HISTORIC PLACES ....................... ..............................6
27.060.091 OBJECT ......................................................................................... ............................... 6
27.060.092 ORDINARY REPAIR AND MAINTENANCE ........................... ..............................6
27.060.100 OWNER ................................................................................_......... ..............................6
PMC Title 27 8/7/2006 (REVISED 9/15/14)
27.060.105 SIGNIFICANCE OR SIGNIFICANT ............................................ ..............................6
27.060.106 SITE ................................................................................................ ..............................7
27.060.110 SPECIAL VALUATION ................................................................ ..............................7
27.060.115 STATE REGISTER OF HISTORIC PLACES ............................... ..............................7
27.060.120 STRUCTURE ................................................................................ ............................... 7
27.060.125 UNIVERSAL TRANSVERSE MERCATOR OR UTM ............... ..............................7
27.060.126 WAIVER OF A CERTIFICATE OF APPROPRIATENESS ........ ..............................7
27.060.130 WASHINGTON STATE ADVISORY COUNCIL'S STANDARDS FOR THE
REHABILITATION AND MAINTENANCE OF HISTORIC PROPERTIES ..............................7
27.060.005 DEFINITIONS. The following words and terns when used in this ordinance shall
mean as follows, unless a different meaning clearly appears from the context:
27.060.006 CITY OF PASCO HISTORIC INVENTORY . `City of Pasco Historic Inventory" or
"Inventory" means the comprehensive inventory of historic and prehistoric resources within the
boundaries of the City of Pasco.
27.060.010 CITY OF PASCO HISTORIC PRESERVATION COMMISSION. "City of Pasco
Historic Preservation Commission," or "Commission" means the Commission created in Section
27.070.010 herein.
27.060.011 CITY OF PASCO REGISTER OF HISTORIC PLACES. "City of Pasco Register of
Historic Places" "Local Register ". or "Register" means the listing of locally designated properties
provided for in Section 27.075 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.
27.060.035 CERTIFICATE OF APPROPRIATENESS. "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.
27.060.036 CERTIFIED LOCAL GOVERNMENT. "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.
27 060 non GLASS OF PROPER-TIES ELIGIBLE T: T-O A DAL V FOR SPECIAL T 2V A L T A TION D!
THE CITY OF PASCO. "Class of pr-epefties eligible to apply fer- SpeeialVaWatien in the City efPasee'l
Fneans preper-ties listed en the National Register-
�,;atienal Retgister- Histei4e Distfiet whieh have been substantially rehabilitated at a eest and within a time
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 all properties listed on the National Register of Historic Places or certified as contributing to a
National Register Historic District which have been substantially rehabilitated at a cost and within a time
period which meets the requirements set forth in Chapter 84.26 RCW, until the City of Pasco becomes a
Certified Local Government (CLG). Once a CLG, the class of properties eligible to apply for Special
Valuation in the City of Pasco means only all properties listed on the local and national Register of
PMC Title 27 8/7/2006 (REVISED 9/15/14)
Historic Places or properties certified as contributing to a local 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.
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.
27.060.075 INCENTIVES. "Incentives" are such rights or privileges or combination thereof
which the City Council, or other local, state, or federal public body or agency, by virtue of applicable
present or future legislation, may be authorized to grant or obtain for the owner(s) of Register properties
Examples of economic incentives include but are not limited to tax relief conditional use permits
rezoning, street vacation, planned unit development, transfer of development rights facade easements
gifts, preferential leasing policies, beneficial placement of public improvements or amenities or the like
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.
27.060.091 OBJECT. An "object" is a thing of functional aesthetic cultural historical or
scientific value that may be, by nature or design, movable vet related to a specific setting or environment
27.060.092 ORDINARY REPAIR AND MAINTENANCE. "Ordinary repair and maintenance"
means work for which a permit issued by the City of Pasco 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.
27.060.100 OWNER. "Owner" of property is the owner of record as exists on the Franklin
County Assessor's records.
27.060.105 SIGNIFICANCE OR SIGNIFICANT. "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 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 Pasco, Franklin County, or southeastern 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.
27.060.106 SITE. A "site" is a place where a significant event or pattern of events occurred It
rnay 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 of the
location itself possesses historic cultural or archaeological significance.
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
PMC Title 27 8/7/2006 (REVISED 9/15/14) 4
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).
27.060.115 STATE REGISTER OF HISTORIC PLACES. "State Register of Historic Places"
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.
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.
27.060.125 UNIVERSAL TRANSVERSE MERCATOR OR UTM. "Universal Transverse
Mercator' or "UTM" means the grid zone in metric measurement providing for an exact point of
numerical reference.
27.060.126 WAIVER OF A CERTIFICATE OF APPROPRIATENESS. "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 rester property or in a local register historic district and
failing to find alternatives to demolition has issued a waiver of a Certificate of Appropriateness which
allows the building or zoning official to issue a permit for demolition.
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
Sections:
27.070.010 CREATION AND SIZE ................................................................ ............................... 8
27.070.020 COMPOSITION OF THE COMMISSION ..................................._ ..............................8
27.070.030 TERMS .......................................................................................... ............................... 8
27.070.040 POWERS AND DUTIES ............................................................... ..............................8
27.070.050 COMPENSATION ...................................................................... ............................... 10
27.070.060 RULES BYLAWS AND OFFICERS .......................................... ............................... 10
27.070.070 COMMISSION STAFF ............................................................... ............................... 10
27.070.010 CREATION AND SIZE. There is hereby established a City of Pasco Historic
Preservation Commission, consisting of not less than five (5) and no more than seven (7) 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
PiVIC Title 27 8/7/2006 (REVISED 9/15/14)
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) three for four (4) years.
Thereafter, appointments shall be made for a three (3) year teen. Vacancies shall be filled by the Mayor
for the unexpired terrn in the saine 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 and maintain a comprehensive inventory of historic resources within the boundaries of the
City of Pasco and known as the City of Pasco 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.
b) Initiate and maintain the City of Pasco Register of Historic Places. This official register shall be
compiled of buildin(2s, structures, sites, obiects, and districts identified by the commission as having
historic significance worthy of recognition and protection by the City of Pasco and encouragement of
efforts by owners to maintain, rehabilitate, and preserve properties.
c) Review nominations to the City of Pasco Register of Historic Places according to criteria in Section
27.075 of this ordinance and adopt standards in its bylaws to be used to guide this review.
d) Review proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect
properties or districts on the register as provided in Section 27.076, and adopt standards in its bylaws
to be used to guide this review and the issuance of a certificate of appropriateness or waiver.
e) Provide for the review either by the commission or its staff of all applications for approvals pen-nits,
environmental assessments or impact statements, and other similar documents pertaining to identified
historic resources or adiacent properties.
f) a4- 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 fti s bylaws to guide this
action.
g) b-} Participate in, promote and conduct public information, educational and interpretive programs
pertaining to historic and prehistoric resources.
h) c4— 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.
i) d4 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.
j) e) Advise the Pasco City Council and the Mayor generally on matters of Pasco's history and historic
preservation.
k)} Perform other related functions assigned to the Commission by the Pasco City Council or the
Mayor.
1) 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.
PMC Title 27 8/7/2006 (REVISED 9/15/14) 6
in) h4 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.
n) 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.
o) Review nominations to the State and National Registers of Historic Places.
p) 1) 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.
q) 4i 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; Monitor the property for continued
compliance with the agreement and statutory eligibility requirements during the 10 year special
valuation period;
5. Monitor the property for continued compliance with the agreement and statutory eligibility
requirements during the 10 year special valuation period- and:
6. Adopt P&les bylaws and /or administrative rules and comply with all other local review board
responsibilities identified in Chapter 84.26 RCW.
r) 44 The Commission shall adopt ,.� bylaws to address their responsibilities under this ordinance.
27.070.050 COMPENSATION. All members shall serve without compensation.
27.070.060 RULES BYLAWS AND OFFICERS The Commission shall establish and adopt its
own f9es bylaw , 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 27.075 CITY OF PASCO REGISTER OF H]STORIC PLACES
Sections:
27.075.010 CRITERIA FOR DETERMINING DESIGNATION IN THE REGISTER ............... 11
27.075.020 CITY OF PASCO REGISTER OF HISTORIC RESOURCES ... ............................... 12
27.075.030 REMOVAL OF PROPERTIES FROM THE REGISTER .......... .............................1. 12
27.075.040 EFFECTS OF LISTING ON THE REGISTER ........................... ............................... 13
27.075.010 CRITERIA FOR DETERMINING DESIGNATION IN THE REGISTER. With
owner's consent any building. structure, site, obiect, or district may be designated for inclusion in the
City of Pasco Register of Historic Resources if it is significantly associated with the history, architecture,
archaeology, engineering or cultural heritage of the community• if it has , integritX - is at_least 50 years old,
or is of lesser age and has exceptional importance; and if it falls in at least one of the following categories.
1. Is associated with events that have made a significant contribution to the broad patterns of
national state, or local history.
2 Embodies the distinctive architectural characteristics of a type, period, style, or method of
desiun or construction, or represents a significant and distinguishable entity whose components rnaLlack
individual distinction.
PMC Title 27 8/7/2006 (REVISED 9/15/14)
3. Is an outstanding work of a designer, builder, or architect who has made a substantial
contribution to the art.
4. Exemplifies or reflects special elements of the City's cultural, speciaL economic political
aesthetic, en ineering, or architectural history.
5. Is associated with the lives of persons significant in national state or local history_
6. Has yielded or may be likely to yield important archaeological information related to history or
prehistory.
7. Is a building or structure removed from its original location but which is significant primarily
for architectural value, or which is the only surviving structure significantly associated with an historic
person or event.
8. Is a birthplace or grave of an historical figure of outstanding importance and is the only
surviving structure or site associated with that person.
9. Is a cemetery which derives its priinary significance from age from distinctive design features
or from association with historic events, or cultural patterns.
10. Is a reconstructed building that has been executed in an historically accurate manner on the
original site.
11. Is a creative and unique example of folk architecture and design created by persons not
formally trained in the architectural or design professions and which does not fit into fonnal architectural
or historical categories.
27.075.020 City of Pasco Register of Historic Resources
1. With owner's consent, anvone may nominate a building, structure site object or district for
inclusion in the City of Pasco Register of Historic Resources. Members of the Historic Preservation
Commission or the commission as a whole may generate nominations. In its designation decision the
commission shall consider the City of Pasco Register of Historic Resources and the City Comprehensive
Plan.
2. In the case of individual properties, the designation shall include the Universal Transverse
Mercator (UTM) reference and all features— interior and exterior —and outbuildings that contribute to its
designation.
3. In the case of districts, the designation shall include description of the boundaries of the
district, the characteristics of the district justifying its designation; and a list of all properties including
features, structures, sites, and objects contributing to the designation of the district
4. The Historic Preservation Commission shall consider the merits of the nomination according
to the criteria in Section 27.075.010 and according to the nomination review standards established in
bylaws, at a public hearing. Adequate notice will be given to the public the owner(s) and the authors of
the nomination, if different, and lessees, if any, of the subject property prior to the public hearing
according to standards for public meetings established in bylaws and in compliance with Chapter 42.30
RCW, Open Public Meetings Act. Such notice shall include publication in a newspaper of eg_neral
circulation in Pasco and any other form of notification deemed appropri ate by Pasco If the commission
finds that the nominated property is eligible for the City of Pasco Register of Historic Resources the
commission shall make recommendation to the City Council that the property be listed in the register with
owner's consent. In the case of historic districts, the commission shall consider 75% of property owners
to be adequate for owner consent. Owner consent and notification procedures in the case of districts shall
be further defined in bylaws. The public, property owner(s) and the authors of the nomination if different
and lessees, if any, shall be notified of the listing.
5. Properties listed on the City of Pasco Register of Historic Resources shall be recorded on
official zoning records with an "HR" (for Historic Register) designation and with the Franklin County
Recorder's Office and a certificate of registration of Historical Resource shall be recorded with the
Franklin County Auditor's Office as provided by RCW 84.26.060. This designation shall not change or
modify the underlying zone classification.
27.075.030 Removal of Properties from the Register
PMC Title 27 8/7/2006 (REVISED 9/15/14)
In the event that any property is no longer deemed appropriate for designation to the City f
Pasco Register of Historic Resources, the commission may initiate removal from such designation by the
same procedure as provided for in establishi the designation, Section 1 27.075.010. A property may be
removed from the City of Pasco Register of Historic Resources without the owner's consent if it fails to
_maintain minimum register standards.
27.075.040 Effects of Listing on the Register
1. Listing on the City of Pasco Register of Historic Resources is a designation denoting
significant association with the historic, archaeological, engineering, or cultural heritage of the
community. Properties are listed individually or as contributing properties to an historic district.
2. Prior to the commencement of any work on a register property, excluding ordinary repair and
maintenance and emergency measures defined in Section 27.060.060, the owner must request and receive
a Certificate of Appropriateness from the commission for the proposed work. Violation of this rule shall
be grounds for the commission to review the property for removal from the register.
3. Prior to whole or partial demolition of a register property, the owner must request and receive a
waiver of a Certificate of Appropriateness.
4. Once Pasco is certified as a Certified Local Government (CLG), all taxable properties listed on
the City of Pasco Register of Historic Resources may be eligible for Special Tax Valuation on their
rehabilitation (Section 27.080).
CHAPTER 27.076 REVIEW OF CHANGES TO THE CITY OF PASCO REGISTER OF
HISTORIC RESOURCES
Sections:
27.076.010 REVIEW REQUIRED ................................................................. ............................... 14
27.076.020 EXEMPTIONS ............................................................................ ............................... 14
27.076.030 REVIEW PROCESS .................................................................... ............................... 14
27.076.010 REVIEW REQUIRED.
No person shall change the use, construct any new building or structure, or reconstruct, alter,
restore remodel repair, move or demolish any existing property on the City of Pasco Register of Historic
Resources or within an historic district on the City of Pasco Register of Historic Resources without
review by the commission and without receipt of a Certificate of Appropriateness, or in the case of
demolition a waiver, as a result of the review.
The review shall apply to all features of the property, interior and exterior, which contribute to its
designation and are listed on the nomination fonn. Infonnation required by the commission to review the
proposed changes are established in commission bylaws.
27.076.020 EXEMPTIONS.
The following activities do not require a Certificate of Appropriateness or review by the
commission: ordinary repair and maintenance —which includes painting —or emergency measures
defined in Section 27.060.060.
27.076.030 REVIEW PROCESS
1. Requests for Review and Issuance of a Certificate of Appropriateness or Waiver
The building or zoning_ official shall report any application for a permit to work on a designated
City of Pasco Register of Historic Resources Register property or in a Pasco historic district to the
commission. If the activity is not exempt from review, the commission or professional staff shall notify
the applicant of the review requirements. The building or zoning official shall not issue any such pennit
until a Certificate of Appropriateness or a waiver is received from the commission but shall work with the
commission in considering building and fire code requirements.
2. Commission Review
The owner or his/her agent (architect, contractor, lessee, etc. ) shall apply to the commission for a
review of proposed changes on a City of Pasco Register of Historic Resources property or within a Pasco
PMC Title 27 8/7/2006 (REVISED 9/15/14)
historic district and request a Certificate of Appropriateness or. in the case of demolition a waiver. Each
application for review of proposed changes shall be accompanied by such information as is required by
the commission established in its bylaws for the proper review of the Lroposedproject.
The commission shall meet with the applicant and review the proposed work according to the
design review criteria established in commission bylaws. Unless legally required, there shall be no
notice posting, or -publication requirements for action on the application, but all such actions shall be
made at regular meetings of the commission. The commission shall complete its review and make its
recommendations within thirty (30) calendar days of the date of receipt of the application. If the
commission is unable to process the request, the commission may ask for an extension of time.
The commission's recommendations shall be in writing and shall state the findings of fact and
reasons relied upon in reaching its decision. Any conditions agreed to b t� he applicant in this review
process shall become conditions of approval of the pennits granted. If the owner agrees to the
commission's recommendations, a Certificate of Appropriateness shall be awarded by the commission
according to standards established in the commission's bylaws.
The commission's recommendations and, if awarded, the Certificate of Appropriateness shall be
transmitted to the building or zoning official. If a Certificate of Appropriateness is awarded, the building
or zoning official may then issue the permit.
3. Demolition
A waiver of the Certificate of Appropriateness is required before a pen-nit may be issued to allow
whole or partial demolition of a designated City of Pasco Register of Historic Resources property or in a
Pasco historic district. The owner or his/her agent shall apply to the commission for a review of the
proposed demolition and request a waiver. The applicant shall meet with the commission in an attempt to
find alternatives to demolition. These negotiations may last no longer than 45 calendar days from the
initial meeting of the commission, unless either party requests an extension. If no request for an
extension is made and no alternative to demolition has been agreed to, the commission shall act and
advise the official in charge of issuing a demolition pennit of the approval or denial of the waiver of a
Certificate of Appropriateness. Conditions in the case of granting a demolition permit may include
allowing the commission up to 45 additional calendar days to develop alternatives to demolition. When
issuing a waiver the board may require the owner to mitigate the loss of the City of Pasco Register of
Historic Resources property by means detennined by the commission at the meeting. Any conditions
agreed to by the applicant in this review process shall become conditions of approval of the pennits
granted. After the property is demolished. the commission shall initiate removal of the property from the
register.
4. Appeal of Approval or Denial of a Waiver of a Certificate of Appropriateness.
The commission's decision re agarding a waiver of a Certificate of Appropriateness may be
appealed to a hearing examiner pursuant to PMC Chapter 25.84 within ten days. The appeal must state
the grounds upon which the appeal is based.
The appeal shall be reviewed in a closed - record hearing by a hearing examiner pursuant to PMC
Chapter 25.84 only on the records of the commission. Appeal of the hearing examiner's decision
regarding a waiver of a Certificate of Appropriateness may be appealed to Superior Court.
CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL
PROPERTY TAX VALUATION
Sections:
27.080.010 TIMELINES ................................................................................ ............................... 16
27.080.020 PROCEDURE .............................................................................. ............................... 16
27.080.010 TIMELINES.
1) Applications shall be forwarded to the Commission by the Franklin County Assessor
within ten (10) calendar days of filing.
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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.
27.80.20 PROCEDURE.
I ) The Franklin County Assessor forwards the application(s) to the Commission.
2) The Commission reviews the application(s), consistent with its des bylaws, and
detennines 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 detennines, in a manner consistent with its Fales, bylaws, 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.
6) For disqualified properties, in the event that the commission concludes that a property is
no longer qualified for special valuation, the commission shall notify the owner, assessor
and state review board in writing and state the facts supporting its findings
CHAPTER 27.090 CRITERIA
Sections:
27.090.010 HISTORIC PROPERTY CRITERIA .......................................... ............................... 18
27.090.020 APPLICATION CRITERIA ........................................................ ............................... 18
27.090.030 PROPERTY REVIEW CRITERIA ............................................. ............................... 18
27.090.040 REHABILITATION AND MAINTENANCE CRITERIA ......... ............................... 19
27.090.050 EVALUATION COSTS ..................................................._.......... ............................... 19
PMC Title 27 8/7/2006 (REVISED 9/15/14) 11
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, until the City of Pasco becomes a Certified Local
Government (CLG). Once a CLG, the class of property eligible to apply for Special Valuation in the City
of Pasco means all taxable properties listed on the local and National Register of Historic Places or
properties certified as contributing to a local and /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.
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).
PMC Title 27 8/7/2006 (REVISED 9115114) 12
CHAPTER 27.100 AGREEMENT
Sections:
27.100.010 AGREEMENT ............................................................................. ............................... 20
27.100.010 AGREEMENT. The historic preservation special valuation agreement in WAC 254-
20 -120 which shall be recorded with the Franklin County Auditor's Office 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
Sections:
27.110.010 APPEALS .................................................................................... ............................... 21
27.110.010 APPEALS.
elassifieation hiss r-ie rr Ye � peFt , , o eligible f sn e ^�
, valuatie he . .led t r
Chapter- 34.05.510 34,05.598 RGW in addition to any ethef reinedy ef law. Any deoisieii en the
any -ether- dispute , be app,,.,,o ,
te the Franklin County Board of Equalizatien. Any decision of the Commission on an application for
classification as historic property under this Chapter shall be subject to an administrative appeal before
the Hearing Examiner pursuant to PMC Chapter 25.84, prior to initiating an action for appeal to the
Franklin County Superior Court as provided in RCW 84.26.130. Any decision of the Commission on the
disqualification of historic property eligible for special valuation may be appealed to the Franklin County
Board of Equalization in accordance with RCW 84.40.038.
Section 2.This ordinance shall be in full force and effect five days after passage and publication as
required by law.
PASSED by the City Council of the City of Pasco, at its regular meeting c,f' !b'W 2014.
Matt Watkins
Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark eland B. Derr
City Clerk
City Attorney
PMC Title 27 8/7/2006 (REVISED 9/15/14) 13