Loading...
ORD NO. 2016-11 HISTORIC PRESERVATION PROGRAMI ORDINANCE NO. 2016-11 2 3 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to 4 historic preservation; amending Bainbridge Island Municipal Code Section 5 2.16.050 Minor conditional uses, Chapter 18.24 Historic Preservation Program and 6 Section 18.36.030, Definitions. 7 WHEREAS, the City Council approved a work plan for the Historic Preservation 8 Commission on March 17, 2015 to include amending the BIMC Chapter 18.24 Historic 9 Preservation Program; and 10 WHEREAS, the suggested amendments were presented to the Planning Commission who 11 directed staff to bring forward an ordinance to implement the changes; and 12 WHEREAS, the Historic Preservation Commission and staff held an Open House on 13 February 22, 2016 to discuss the proposed amendments with members of the public; and 14 WHEREAS, the Planning Commission conducted a study session on Ordinance No. 15 2016-11 on April 28, 2016 and conducted a public hearing on June 23, 2016 and continued it to 16 July 28, 2016; and 17 WHEREAS, the Planning Commission recommended approval of Ordinance No. 2016- 18 11 following the public hearing; and 19 WHEREAS, the City Council discussed Ordinance No. 2016-11 on August 9, 2016 and 20 conducted a public hearing on August 23, 2016; and 21 WHEREAS, notice was given on July 25, 2016 to the Office of Community 22 Development at the Washington State Department of Commerce in conformance with RCW 23 36.70A.106; 24 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE 25 ISLAND, WASHINGTON, DOES ORDAIN, AS FOLLOWS: 26 Section 1. Section 2.16.050 of the Bainbridge Island Municipal Code is amended to 27 read as follows: 28 29 F. Local Register of Historic Places Conditional Use Decision Criteria. A proposal 30 to m Jdil development standards such as setbacks, open s ace lot covcra e 11 ca e 31 buffers, and parkins-, requirements and/or to allow for a use otherwise permitted for 32 structure on the I.,ocal Register (including exclusive residential in the Mixed Use Town 33 Center) shall meet the following criteria: 1IPage 1 1. BIMC 2.16.050.1) 1-10, Nonagricultural Minor Conditional Use Decision 2 Criteria including, a review and commendation from the Historic Preservation 3 Commission as to whether the proposal is compatible with the historic nature of the 4 buildingand/or id/or site: anti 5 2.. The use shall be compatible with the existing design and/or construction of the 6 structure without significant alteration. 7 Section 2. Chapter 18.24 of the Bainbridge Island Municipal Code is hereby 8 amended to read as follows: 9 Chapter 18.24 10 HISTORIC PRESERVATION PROGRAM 11 Sections: 12 18.24.010 Purpose and relationship to zoning and building codes. 13 18.24.020 Historic Preservation Commission, 14 18.24.030 Recognition of li rite to properties. 15 18.24.0-340 Local register of historic places. 16 18.24.0450 Changes or alterations to ---Ilief register eligible properties leeated 17 n r• eal regi tff requiring a building permit. 18 18.24.060 Changes or alterations to properties located on. local register requiringa 19 building permit 20 18.24.070 Demolition of mister eligible properties. 21 18.24.080 Demolition of local register properties. 22 18.24.0-590 Appeal of deiiial of Etwftfivef-ar-a certilie rp DGess. 23 18.24.96100 Review and monitoring of properties for special property tax valuation. 24 18.24.9-7110 Fort Ward historic overlay district. 25 18.24.120 Heritage tree register. 26 18.24.130 Historic sign program. 27 18.24.140 Recop-nition of historic island larrns. 28 18.24.010 Purpose and relationship to zoning and building codes: © SHRRE 21 Page 1 A. Purpose. The purpose of this chapter is to provide the process and standards for identifying, 2 evaluating and protecting historic resources within the city and for- preset!vi.,., and .•e abilitatin 3 eligible I, to pfop�,r `i i °- cit�j-4{]a' F,+„ ati ., ., „ +1„-gh al valuation +�.. 4 ••�� e in order to: 5 1. Safeguard the heritage represented by those buildings, objects, sites and structures 6 that reflect significant elements of the city's history; 7 2. Foster civic and neighborhood pride in the beauty and accomplishments of the 8 past; 9 3. Stabilize or improve the aesthetic and economic vitality and values of such 10 buildings, objects, sites and structures; 11 4. Assist, encourage and provide incentives to private owners for the preservation, 12 restoration, redevelopment and use of historic buildings, objects, sites and structures; 13 5. Promote and facilitate the early identification and resolution of conflicts between 14 preservation of historic resources and alternative land uses; and 15 6. Conserve valuable material and energy resources by ongoing use and maintenance 16 of the existing built environment. 17 This chapter also sets forth the provisions of the Fort Ward historic overlay district. 18 B. Relationship to Zoning and Building Codes. Nothing contained in this chapter shall be 19 construed to repeal, modify or waive any zoning, land use or building codes, laws, ordinances or 20 regulations that are otherwise applicable to property listed on the Local Register , unless as 21 provided by Zoiiint Cade Relief. (Ord. 2011-02 § 2 (Exh. A), 2011) 22 C. Z.,onirig Code Relief. Designated Local -Register properties may be authorized for a use not 23 otherwise permitted in a certain zone. The Planninp, Director may gorcrve said use through an 24 Administrative Conditional Use (BIMC 2.16.050). The Planning Director may also waive or 25 modifv development standards such as: setbacks, o►7eii space, lot coverage, landscape buffers and 26 parkingr•egUirements 27 18.24.020 Historic Preservation Commission. 28 A. Creation. The Bainbridge Island Historic Preservation Commission is hereby established, to 29 operate and act in accordance with the provisions of this chapter. 30 B. Composition of the Commission. 31 1. The Historic Preservation Commission shall consist of seven members, who shall 32 be appointed by the mayor and approved by the city council in accordance with this 31 Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 chapter. The Historic Preservation Commission shall include at least three members who have experience in identifying, evaluating and protecting historic resources and who are selected from among the disciplines of history, architecture, landscape architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, biology, geography, cultural geography, American studies, law, and real estate, referred to in this chapter as the "professional positions." An action taken by the Historic Preservation Commission shall not be invalid due to the temporary vacancy of any or all of the professional positions, unless the certification agreement between the city and the State Historic Preservation Office (SHPO) provides otherwise. 2. All members of the Historic Preservation Commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment. 3. All members of the Historic Preservation Commission shall serve without compensation. 16 4. Members shall not be employees or officers of the city or appointed to another city 17 committee, board or Historic Preservation Commission, except for specialized 18 committees or task forces of limited duration. 19 5. The Historic Preservation Commission shall select from among its members a 20 chairperson and such other officers as may be necessary to conduct the Historic 21 Preservation Commission's business for a one-year term at the first regular meeting 22 of the year. 23 C. Term of Historic Preservation Commission Members. Appointments shall be made for three - 24 year terms, commencing on July 1st and ending on June 30th three years later. Members shall be 25 appointed to a position number, and the terms are to be staggered, with no more than three positions 26 expiring in any given year. A member may be reappointed, and shall hold office until his or her 27 successor has been appointed and has qualified. No member shall serve more than three 28 consecutive terms unless the city council determines that special expertise is required, or there are 29 no other qualified applicants. 30 D. Vacancies — Removal. Members may be removed upon a majority vote of the city council. In 31 the event of a vacancy, the mayor, subject to confirmation of the city council, shall make an 32 appointment to fill the unexpired portion of the term of that position in accordance with the city's 33 appointment cycle. Unexcused absence by any member from three consecutive meetings shall 34 constitute grounds for removal. 35 E. Powers and Duties. The Historic Preservation Commission shall: 41 Page 1 1. Establish, maintain and periodically update a local historic inventory, which 2 inventory shall be maintained in a form compatible with the state inventory, and may 3 cooperate with, and advise the city council as requested on contracting with, the 4 Bainbridge Island Historical Society or others, in connection with the establishment 5 and maintenance of the inventory; 6 2. Establish and maintain the Local Register of historic places, as provided in BIMC 7 18.24.1140; 8 3. Recognize Fleritage properties and identify Local 1�egister-eli xis ble properties as 9 provided iii BIMC 18.24.030 and 18.24.040; 10 4. Review nominations to the Local Register and designate properties for listing on 11 the register, in accordance with BIMC 18.24.040; 12 -3. 5. Review suggestions for recognition ol` Heritage properties as provided For in 13 BIMC 18.24.030 and make recommendations to City Council for approval, _ 14 6. Participate in the review process for nominations to the National Register of 15 properties w4hia4 e eity's i,, twA in accordance with the procedures established 16 by the Washington State Department of Archaeology and Historic Preservation 17 c14 18 7. Review proposals to alter, reconstruct, remodel or restore the exterior of, move or 19 demolish register eligible and Local Register properties anchor structures as provided 20 in BIMC 18.24.050 18.24.060 18.24.070 & 18.24.080; 21 8. Provide resources and advocacy for historic preservation consistent with 22 comprehensive plan policy HP 1.2, which may include but are not limited to: 23 a. Participation in or promotion of public educational programs; 24 b. Fostering historic preservation through recognition of excellence in 25 restoration of historic buildings, structures or sites; 26 c. Advising the city council or the planning commission as requested on matters 27 of city history and historic preservation or actions affecting the historic 28 resources of the city; and 29 d. Maintaining information on federal or state historic preservation programs, 30 funding sources or incentives; 51 Page 1 9. Serve as the local review board for the special valuation of historic properties, and 2 in that capacity determine and monitor the eligibility of historic properties for special 3 valuation in accordance with BIMC 18.24.100; a d 4 10 -Review proposals to alter, reconstruct, remodel or restore the exterior of specific 5 Fort Ward buildings as identified in Fort Ward Overlay District, BIMC 18.24.110,; 6 and 7 11. Coordinate and collaborate with the Design Review Board when register eli ig_ble 8 and Local Register properties are subject to design review: 9 12. Provide review and SEPA comments when applicable; 10 13 Review nominations to the heritage tree register as provided in BIMC 18.24.120; 11 14 Review suggestions for city road end historical signage as provided in BIMC. 12 18.24.130; 13 15 Compile a list of historic island farm properties as provided in BIMC 18.24.140: 14 16. Report an annual work plan to the city council with a proposed budget. pie 15 4k 16 F. Rules and Standards of the Historic Preservation Commission. 17 1. The Historic Preservation Commission shall establish and adopt rules prescribing 18 forms, standards and procedures consistent with applicable law, as necessary to carry 19 out its duties. Standards for review under BIMC 18.24.040,_,18.24.050, 18.24.060, 20 18.24.070 & 18.24.080 shall be based in part, and to the extent applicable, on the 21 Secretary of the Interior's Standards and Guidelines for Archaeology and Historic 22 Preservation, 48 CFR 44716, as updated and supplemented by the National Park 23 Service, and the Secretary of the Interior's Standards for Rehabilitation, 37 CFR 67, 24 as amended and/or Treatment of Historic Properties. All actions of the Historic 25 Preservation Commission shall be carried out in accordance with its rules. 26 2. The Historic Preservation Commission shall meet at least monthly. Meetings shall 27 be open to the public and held in accordance with the Open Public Meetings Act 28 (Chapter 42.30 RCW). 29 3. For meetings consisting of a majority of the then serving voting members of the 30 Historic Preservation Commission, the Historic Preservation Commission shall 31 provide public notice of the meeting and shall keep a record of its meeting minutes. 32 Minutes of each meeting, including a record of attendance, shall be prepared by the 33 secretary and approved and signed at a subsequent meeting. The minutes do not need 61 Page 1 to reflect the actual discussion, but only the formal actions taken by the Historic 2 Preservation Commission. The approved meeting minutes shall be posted on the 3 city's web site. 4 4. The city shall provide city email accounts to voting members and related training 5 on the use of email accounts, including personal computer privacy expectations while 6 serving on the Historic Preservation Commission. 7 5. A majority of the voting members then serving on the Historic Preservation 8 Commission shall constitute a quorum. 9 6. Members shall sign a conflict of interest statement in accordance with the city's 10 ethics program upon appointment and any reappointment. (Ord. 2014-22 § 1, 2014: 11 Ord. 2011-02 § 2 (Exh. A), 2011) 12 18.24.030 Recoaniition of heritnae nrouerties 13 A. Intent. In accordance with the Comprehensive Plan, the intent of this section is to formalize the 14 community recognition of essential elements of the community's character, history and identity. 15 This section will provide a process for the Cily Council to pAlic_ly recognize Heritage properties. 16 B The Historic Preservation Commission shall review properties to be recognized as Heritage 17 properties: an honorary, limited list ofexemplary properties that. the City has prioritized for Ion' 18 term preservation, Any building, structure site or object whether publicly or I)rivately owned, 19 may be recognized as a Heritage property. 20 C, Criteria. A property that meets each of the following criteria is eligible for recognition: 21 1. Its loss would mean a diminution of the Island's special character: 22 2. It must be eligible for at least one of the eligibility criteria for the Local Register 23 of Historic Places-, 24 3. It must retain its ori inal architectural integrity_. having no, _major exterior 25 alterations or additions' 26 4 It is a sigliffigmt contributor to its neighborhood's character: and 27 5. It is visually accessible to the public. 28 D. Process for recognizi ng Heritage properties. 29 1. AMperson may recoiiiinend a property for Heritage recognition, 30 2. AnnUafly, the Historic Preservation Commission shall submit its recommendation 31 for additions of 12roperties to Cily Council for reco litio based on Heritage criteria. 71 Page 1 3. Once a recommendation has been made the Historic Preservation Commission 2 shall notify the property owner that their property is eligible for reco ,6&n, 3 4. Any appeal eal of a recommendation from the Historic Preservation Commission shall 4 occur before a final determination is made by the City Council, 5 5. The Council shall review the recommendations from the Historic Preservation 6 Commission and decide at a council meeting which properties shall be recognized. 7 6. If recognized as a heritage property, the City shall make available a sign to place 8 nn the property indicating its desi Mation as a "historic propgrty of special 9 significance". 10 11 E Removal of Heritage Properties. Properties may lose recognition as a Heritage property if the 12 Historic Preservation Commission and Council determine that the property no longer meets the 13 criteria for inclusion. 14 18.24.0340 Local register of historic places. .. W ............................................ .... 15 A. Criteria for Designating Properties for Listing on the Local Register. Any building, structure, 16 site or object, whether publicly or privately owned, may be designated for listing on the Local 17 Register if it is significantly associated with the history, architecture, archaeology, engineering or 18 cultural heritage of the community; it has physical integrity; it is at least 50 years old or is of lesser 19 age but has exceptional importance; and it qualifies as at least one of the following: 20 1. Is associated with events that have made a significant contribution to the broad 21 patterns of national, state, or local history; 22 2. Embodies the distinctive architectural characteristics of a type, period, style, or 23 method of design or construction, or represents a significant and distinguishable 24 entity whose components may lack individual distinction; 25 3. Is an outstanding work of a designer, builder, or architect who has made a 26 substantial contribution to the art; 27 4. Exemplifies or reflects special elements of the city's cultural, sped economic, 28 political, aesthetic, engineering, or architectural history; 29 5. Is associated with the lives of persons significant in national, state, or local history; 30 6. Has yielded or may be likely to yield important archaeological information related 31 to history or prehistory; 81 Page 1 7. Is a building or structure removed from its original location but that is significant 2 primarily for architectural value, or that is the only surviving structure significantly 3 associated with an historic person or event; 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 8. Is a birthplace or grave of an historical figure of outstanding importance; 9. Is a cemetery that derives its primary 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 a 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 that does not fit into formal architectural or historical categories; or 12. Is listed on the National Register or the State Register. B. Process for Determining Properties elinible for the Local Register. 1. The Historic Preservation Commission shall use the current historic property hiventory as a base to determine which properties may be eligible. However, being on the inventory list is not a necessgxy prerequisite for eli ig, b lits determination. 20 2. The Historic Preservation Commission shall examine each properly and make a 21 determination, based on Local Register criteria, whether the property is eligible 22 for the Local Register. 23 24 3. Property owners road tlae general public may bring properties to the attention of 25 the Flistoric Preservation Commission for eli ig bility determination consideration. 26 27 4. Once determination has been made the historic Preservation Commission shall 28 notify the property owner and the Planning and. Community Development 29 Department that the property is eligible for Local lie 30 31 5. The property owner may petition the Historic Preservation Commission for 32 reconsideration of its determination. The owner has 30 da Ys to provide additional 33 information to the Historic Preservation Commission. The Historic Preservation 34 Commission will if necessary. arrange a meeting with the owner to review the 35 decision within 60 days of receipt of [lie additional information. 91 Page I 2 6. If the owner and Historic Preservation Commission cannot agree on the 3 determination the owner niqy appeal the decision of the Historic Preservation 4 Commission to the Planning Director. 5 6 C. Process for Designating Properties for Listing on the Local Register. 7 1. Any person, including the Historic Preservation Commission or any Historic 8 Preservation Commission member, may nominate a building, structure, site, or object 9 for listing on the Local Register; provided, that no property shall be nominated 10 without the prior written consent of the owner. 11 2. The nomination shall include, when possible, the tax parcel number (and the UTM 12 reference, if required for compatibility with the State Register) and a description of 13 all interior and exterior features and outbuildings that contribute to its designation. 14 3. In reviewing the nomination, the Historic Preservation Commission shall consider 15 the local inventory and the city's comprehensive plan, and the merits of the 16 nomination, according to the criteria in subsection A of this section, and shall proceed 17 according to the nomination review standards established in the Historic Preservation 18 Commission's rules. 19 4. The Historic Preservation Commission shall provide public notice of the date, time 20 and location of the meeting during which it will consider the designation nomination. 21 Written notice of the date, time and location of the meeting shall be provided no later 22 than 10 days prior to the meeting to the nominator, the owner(s) of public record and 23 the lessees, if any, of the subject property. The Historic Preservation Commission 24 shall further publish at least one notice of the meeting in a newspaper of general 25 circulation in the city. The Historic Preservation Commission shall also post a notice 26 on a conspicuous location on the subject property. 27 5. If the Historic Preservation Commission finds that the nominated property is 28 eligible for listing on the Local Register, the Historic Preservation Commission shall 29 list the property on the register, with the consent of the owner of the property. The 30 commenters, property owner, nominator and lessees, if any, shall be notified in 31 writing of the listing no later than 30 days after the listing. 32 6. Once a property is lilaced on the Local Register the property owner is expected to 33 provide ordinary maintenance to the prop rty to prevent deterioration and decay 34 which threaten the historic features of the Droperty. 35 7. Properties listed on the Local Register shall be identified in the planning database 36 maintained by the city and the listing shall be forwarded to the Kitsap County 101 Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 assessor for identification of the historical property in the Kitsap County zoning records. 7. If a property is added to the Local Register a notice of that status shall be added on the Property title records. 8. The City shall make available a sign to place on the property indicating the Local Register desi nation. D. Removal of Properties from the Local Register. Properties listed on the Local Register or properties identified as eligible for the Local Re jktez may be removed from the register or lose eligibility only by the Historic Preservation Commission in accordance with this section. The Historic Preservation Commission may remove any property from the Local Register or properties identified as eligible for the Local Pw inter with or without the owner's consent, if the Historic Preservation Commission deems the property no longer appropriate for designation to the Local Register or eli ible for the Local Register because it no longer satisfies the original criteria in support of its designation. The procedure for removal for Local Register properties shall be established by the Historic Preservation Commission and shall include the procedures for notification to the public and interested parties set forth in subsection B.4 of this section. (Ord. 2011-02 § 2 (Exh. A), 2011) If a property is rernoved from the Local Register a notice of that chane in status shall be added to the title records. (Ord. 2011-02 $ 2 (Exh. A), 2011) 18.24.050 Changes or alterations to a register eligible__ property ated ,,,, loW- e 4vr requiring a building permit. ...._...._ ......... ........... _.. A Intent The intent of the Historic Preservation Commissions review is to provide an opportunity for the applicant to aerl'orm work that is consistent with the property's historic character so as to not foreclose a future prospect of adding the property to the Local Register. The Historic Preservation Commission provides these comments and suggestions throe 7h their review of a building ennitapplication. 27 B. Review Required. No person shall alter, reconstruct. relocate, remodel or restore the exterior 28 19e,.,bfii, to of' re inter eli ible property �1-ot he 1, eaI st.�.,.,+�,.�other than er-dinefy z��� 29 t 1aa i rterraar33 without a review 30 by or a waiver from , fA4ssuaiiee cfa-eeftifiea4e e. "Fopf ii "renes" f+em the Historic Preservation 31 Commission. r ef thee 32 of appr-oprialeness must be"i'.c7—c['v+n--rcre c.vpa G i i M .a.a i .... a. 0 , in aeeor4anee ,,:+1, r„lam, mom. i2 +1,; +` 1~ ;1 n t !,t +hr� ^,.,,;. o i �, +z£t- i1L'4F 33 ,�, sub t-1yam_ e .ion. Failw... .w _.........__ apPtdie 34 i �H Ir 11 b gfeti,.a . {', Tial of the pfoi c i4 y 1_xw*4P- 1.-. ..Iregister-, 35 C. Review Process. 111 Page 1 1. The building official shall notify the Historic Preservation Commission of any 2 application for a permit to alter, reconstruct, relocate, remodel or restore the exlerior 3 l)eFV-. ;, wort ooh •a demelislia register eligible property by routing the permit to 4 the Historic Preservation Commission listed n fli 5 exempt ftom mview, the eommissionf 6e 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The Historic Preservation Commissions review m2y last no longer than 30 days, from the time of receipt of the permit. 3 The Historic Preservation Commission may make advisory, non-binding cotnnents to the building official on how the alterations could be done in a historically appropriate manner. Reviews shall be based on the Secretary of the Interior's Standards for the Treatment of Historic Properties. 4. The building official shall not issue a permit without a waiver or comments from the Historic Preservation Commission. BIMC 1.8.24.060 Changes or alterations to property located on the local register requiring a building Vernitit. A. Review Required. No person shall alter, reconstruct, relocate, remodel or restore the exterior ,1n�n)—wofk to of a property listed on the Local Register , fflaitileallegene, ri �r-es, oi- total`f—p--Aral without a review by or a waiver €rex3 , and is -54--f". r ate of appfopfiateness r mii tke-e t . Local Register properties require a certificate of .appropriateness ora waiver and register eligible properties re wire review and comments from the Historic Preservation Commission. lei --the ease Of a t tR4-6f I 1'1•i . .�C e e the pFope� y, a waiver -z ltas ttitist be [713tatt3t3d 40m lie Failufe 4 obtain the f- rt =f i! +a f appropriateness �n the comni _ ��A 11 [l lli LlL,r [tel ` T1 be gfoun I M r-eineval e411e property -gr(* frm--ch local register. B. Review Process. 29 1. The building official shall notify the Historic Preservation Commission of any 30 application for a permit to alter, reconstruct, relocate, remodel or restore the exterior 31 of a peri{pi x—worl on of 'Fe deniolish property listed on the Local Register. If the 32 activity is not exempt from review, the Historic Preservation Commission shall notify 33 the applicant of the review requirements. 34 2. The Historic Preservation Commission shall meet with the applicant and review 35 the proposed work in accordance with the standards established in the Historic 36 Preservation Commission's rules. Unless required by another ordinance or law, the 121 Page 1 Historic Preservation Commission shall not be required to provide public notice of 2 the application. In the case of an application to perform work to the property, the 3 Historic Preservation Commission shall complete its review and make its decision 4 within 45 days after the date of receipt of the application. If the Historic Preservation 5 Commission is unable to process the request within this time period, the Historic 6 Preservation Commission may reasonably extend its review period for another 15 7 days upon written notice to the applicant. If the Historic Preservation Commission 8 fails to issue a decision within 60 days of receiving the application, the application 9 shall be deemed approved and the Historic Preservation Commission shall issue a 10 certificate of appropriateness to the building official. 11 3. Reviews shall be based on the Secretary of the Interior's Standards and Guidelines 12 for Archaeology -and Historic Preservation. 48 CFR 44716. as updated and 13 supplemented by the National Park Service, and the Secretary -of the Interior's 14 Standards for Treatment of Historic Propertics, as amended. 15 16 4. 17 pfoperty, the applie..... shall meet A4th the co an Mttempt to fi 18 altema4iyes W demolitien. TheseMay IHSt , !Ongff i_hafc days ff:.m 19 , 20l . 21 .' 1�t: • to de o t� 1 b e to ,. r; +4 r A C .� _ � rs.�i � + r.. i „ n.d.ii as -�Gi - - i�.r uiayu a u rj 22 Via, +r, '� 'e - ,� , 111_;lA a __ a .[IIV I1 L.LLJ11 25 the e 26 dit; .,t -. e 27 y ., » f' -y r 28 m•+° a + +Iloss of th , tiper-t,r f om the e g + p. Hefty t .st is .e}�oR e' li hed a�a i, .. a+.v .°b:........ ..-t-. ___J'4.ril iLfilJAiVL1 29 -shall l 30 removed :t,. th9+ew 3 �W deemed ,asp11opriate by 31 4. The Historic Preservation Commission's decision on any application shall be in 32 writing and shall state the findings of fact and the basis for its decision. Any 33 conditions to the certificate of appropriateness or waiver recommended by the 34 Historic Preservation Commission and accepted by the applicant in this review 35 process shall become conditions of approval of the permits issued. If the owner 36 accepts the Historic Preservation Commission recommendations and conditions, a 37 certificate of appropriateness or a waiver shall be issued by the Historic Preservation 38 Commission according to standards established in the Historic Preservation 39 Commission's rules. 131Page 1 5. The Historic Preservation Commission's determination, recommendations and, if 2 awarded, the certificate of appropriateness or a waiver shall be transmitted to the 3 building official. If a certificate of appropriateness or waiver is awarded, the building 4 official may then issue the permit. 5 6. If a certificate of appropriateness or waiver is denied, the building official shall not 6 issue the permit. 12 18.24.070 Demolition of reizister efi ible ro erties. 13 A A demolition permit is subject to the review process described below prior to the demolition of 14 any register eligible property: 15 1. The applicant shall prepare a report for the Historic Preservation Commission 16 analyzing, the following alternatives listed in descending order of preference) 17 explaining why each alternative is or is not feasible: 18 a. Redesigning the project to avoid any impact to the historical structure or its 19 setting; 20 b. Incorporating the structure into the overall design of the project; 21 c. Converting the structure into another use (adaptive use), 22 d. Selling the structure at no more than fair market value to an owner who will 23 maintain the historic structu 24 e. Relocating the structure on the ro ert 25 f. Relocating the structure to another propertL 26 g. Salvaging frons the structure historically siggificant architectural features and 27 building matc6als, an 141 Page 1 h. Documenting the structure as a whole and its individual architectural features 2 in photographs, drawings, andlor text. Such documentation shall be submitted 3 to and archived by, the planning and community development department. 4 2. The historic preservation commission's review for an applicrition to demolish or 5 partly demolish the property may last no longer than 30 days from the time of the 6 bUilding permit. The City shall notice the request to demolish the proMdy followin 7 the prescribed noticing requirements; 8 a. Posting notice in the official posting laces of the city. including the city 9 website; and 10 b. On a consuicuous location on the subiect property. 11 3. The a licant shall provide the above mentioned report and, if requested. meet 12 with the Historic Preservation Commission. The Historic Preservation Commission 13 shall submit comments to the Plannina Director based on the report. and may include 14 suggestions for mitigation. 15 4. Information rovided as mitigation will be made available to the public in a 16 location ai reed to by the Historic Preservation Commission: 17 5 For properties that. are currently used as a single family residence, the applicant 18 shall provide the following information as mitigation, 19 a A minimum of four current photographs of the exterior, one from each 20 corner of the residence; 21 b. if available, floor plans of the residence; 22 c. If available any historic Photographs of the residence, 23 d. If availab[c, any known historical narrative on the residence, its 24 occupants, historic use, etc. 25 6 For properties other than those used as a single family residence, possible 26 mitigation measures include all those required for a single family residence and the 27 following: 28 a. Documenting the historic resource, mcluding_photograph c_una e�the 29 building architectural elements (both interior and exterior), special features and 30 streetscapes. 15 1 Page b. Coordination with the Historic Preservation Commission to determine architectural features and materials eligible for salvage and reuse. 3 c. Pla ues or informational signs rovided by the applicant) to publicl 4 recognize the Historic structures significance or contribution to the island's history. 6 d. Or other mitigation measures as proposed by the applicant and agreed to by 7 the Historic Preservation Commission. 8 7. The Planning Director reviews the following: 9 a. Applicant's retort analyzing the alternatives; 10 b. 14'linutes fi-om the Historic Preservation Commission meeting(s), 11 c. Any proposed mitigation and applicant's plan for compliance. 12 8 The Planning, Director cannot deny a demolition permit because the -property is 13 re aster eligible. if the Pluming Director finds that the applicant completed the 14 review process as described in this section, the Planning Director shall sign off on the 15 historic review of the building permit, including conditions of mitigation if deemed 16 appropriate. 17 18.24.080 Demolition of Vocal register propertics. 18 A. A certificate of demolition is required p.i:ior to the demolition of an focal Re inter ro eL 19 B. Review process for Local Register pLoperties 20 1 The applicant shall prepare a report for the Historic Preservation Commission 21 analyzing the following alternatives (listed iii descending_ order of preference 22 explaining why each alternative is or is not feasible: 23 a redesigning the project to avoid any impact to the historical structure or its 24 setting; 25 b. hicorporating Incorporatingthe structure into the overall design of the ro'ect- 26 c. Converting the structure into another use (adaptive use), 27 d. Sell in g the structure at no more than fair market value to an owner who will 28 maintain the historic structure; 161 Page 1 e. Relocating the structure on the property; 2 C Relocating the stricture to another property; 3 g Salvaging from the sfructure historically significant architectural features and 4 building materials; and 5 h. Documenting the structure as a whole and its individual architectural features 6 in photographs, drawin s and/or text. Such documentation shall be submitted 7 to. and archived by, the planning and community deveto pent dgpai-tment. 8 2 The City shall notice the request to demolish the property following the prescribed 9 noticing requirements: 10 a. Posting notice in the official posting places of the city, including the city 11 website; and 12 b. On a conspicuous location on the subject aro ert ,. 13 3. The a licant shall submit supporting documentation and meet with the Historic 14 Preservation Commission. If no alternative to demolition has been agreed to within 15 45 days from the initial meeting with the Historic Preservation Commission, plus any 16 extension (far no more than 30 days), the Historic Preservation Commission shall 17 approve or deny the application for a waiver and advise the official in chare of 18 issuing a demolition permit of the decision. If the Historic Preservation Commission 19 fails to issue a decision within 45 days from the initial_ meeting, with the Historic 20 Preservation Commission latus any extensions, the application shall be deemed 21 approved and the Historic Preservation Commission shall issue an unconditional 22 waiver. When issuing a waiver, the Historic Preservation Commission ma 23 reasonably impose conditions designed to initi Tate the loss of the property from. the 24 register. Property that is wholly demolished shall be removed from the register. 25 Property that is partially demolished may be removed from the register, if deemed 26 appropriate b the Historic Preservation Commission. 27 4 Information provided as mitigation will be made available to the public in a 28 location agreed to by the Historic Preservation Commission. Possible mitigation 29 measures include: 30 a. A minimum of four current photognaphs of the exterior, one from each corner• 31 b. lfayailable, floor plans; 171 Page c. If available, any historic photographs; d. If available, any known historical narrative of the resource, its occupants, historical tise, etc. 4 e. Doctimentimy, the historic resource, including 12hotographic images. of the 5 building, architectural elements (both interior and exterior), special features and 6 streetscapes. 7 f. Coordination with the Historic Preservation Commission to determine 8 architectural features and materials eligible for salvage and reuse. 9 g. Piaclues or informational signs (provided by the applicant) to identit the 10 demolished historic structure. 11 h. Or other mitigation measures as proposed by the applicant and agreed to by 12 the Historic Preservation Commission. 13 5. If the Historic Preservation Commission finds that there is no feasible alternative 14 to demolition, the Historic Preservation Commission shall issue a certificate of 15 demolition. The Historic Preservation Commission may attach conditions to the 16 certificate to mitigate the loss of the historic property. The certificate and any 17 mit.ig_ation shall become conditions of approval of the demolition permit. After the 18 property is demolished, the Historic Preservation Commission shall initiate removal 19 of the property i'rom the register. 20 18.24.090 Anneal process, 21 The m,nission's rhe Any determination on the recommendation of recognition of a heritage 22 property or historic island farm register status of a register eligible propeqy or decision on a 23 register eligible or Local Register building permit (including demolition permit) effeffy-apwpkea 24 Ifiicwt Ac * ' �w ,,Ilriatene swaiver- may be appealed by the applicant to the city eouneil 25 within within 104 days of the date of the ' decision. The appeal shall be filed with 26 the city clerk and shall clearly state the grounds upon which the appeal is based.. ►TA 28 appeal a The appeal shall be reviewed by the eetineil appropriate body only upon the 29 records of the commission. =- he e --Ws ,ane-:-, ion oa the ap eal may be ppea4ed-by the applioanil- 30 to the Kitt s 31 eouneil. (Ofd. 2011 1 02 4 2 (E�Eh— A,zbelow 32 by application type and decision. 33 1. Register Eligible: 34 a. Classification. Planning Director 181 Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 INSERT TABLE 18.24,090,— Criteria, Identification, Approval and. Appeals of Local Register Eligible, Local Register, Heritage Properties and Historic Island Farms 24 18.24.06100 Review and monitoring of properties for special property tax valuation. .. ................ . . 77=.., - ........ ..... . --. ................................. 25 A. Special Valuation Program Established. Pursuant to Chapter 84.26 RCW, a local option 26 program is hereby established that shall make available to owners of historic property a special tax 27 valuation for the rehabilitation of the historic property, as set forth in Chapter 84.26 RCW and this 28 section. 29 B. Application Process for Special Property Tax Valuation. 30 1. An applicant desiring to obtain special property tax valuation for historic property 31 shall file a complete application with the Kitsap County assessor no later than 32 October 1 st of the year immediately preceding the first assessment year for which 33 special valuation classification is requested. Applications filed after the October 1st 34 deadline shall not be considered for special property tax valuation until the following 35 year. 36 2. Complete applications shall include the following information and documentation: 37 a. A legal description of the historic property; 38 b. Comprehensive exterior and interior photographs of the historic property 39 before and after rehabilitation; 191 Page b. Demolition Conditions: City Council c. Appeal of Classi&ation/Derno Conditions: Hearink, Examiner d. Further :appeals: Kitsa Superior Court 2. Local Register a. Nomination: Planning Director b. Changes/Alterations: City Council c. Demolition: Ciq Council d. Appeal of NominatioL7lChangees/Alterations/Demolitions: Hearing Examiner e. �'crrther appeals: Kitsap Superior Court 3. Heritage Property a. Recognition: Planning Director 4. Historic Island Farm a. Recognition: Planning Director 5, Special Tax Valuation: a. Kitsap County superior court under RCW 34.04.510 through 34.05.598 in addition to any other legal remedy. Any decision of the Historic Preservation Commission on the disqualification of historic property as being eligible for special valuation or any other dispute, mqy be M12ealed to the Kitsap Count board of equalization in accordance with RCW 84.40.038. (Ord. 2011-02 2 (Exh M--201 1) INSERT TABLE 18.24,090,— Criteria, Identification, Approval and. Appeals of Local Register Eligible, Local Register, Heritage Properties and Historic Island Farms 24 18.24.06100 Review and monitoring of properties for special property tax valuation. .. ................ . . 77=.., - ........ ..... . --. ................................. 25 A. Special Valuation Program Established. Pursuant to Chapter 84.26 RCW, a local option 26 program is hereby established that shall make available to owners of historic property a special tax 27 valuation for the rehabilitation of the historic property, as set forth in Chapter 84.26 RCW and this 28 section. 29 B. Application Process for Special Property Tax Valuation. 30 1. An applicant desiring to obtain special property tax valuation for historic property 31 shall file a complete application with the Kitsap County assessor no later than 32 October 1 st of the year immediately preceding the first assessment year for which 33 special valuation classification is requested. Applications filed after the October 1st 34 deadline shall not be considered for special property tax valuation until the following 35 year. 36 2. Complete applications shall include the following information and documentation: 37 a. A legal description of the historic property; 38 b. Comprehensive exterior and interior photographs of the historic property 39 before and after rehabilitation; 191 Page I c. Architectural plans or other legible drawings depicting the completed 2 rehabilitation work; 3 d. A notarized affidavit attesting to the actual cost of the rehabilitation work 4 completed prior to the date of application and the period of time during which 5 the work was performed, with documentation of both to be made available to 6 the Historic Preservation Commission upon request; and 7 e. For properties located within National Register historic districts, a statement 8 from the Secretary of the Interior, indicating the property is a certified historic 9 structure as defined in WAC 254-20-030(2). 10 3. The Kitsap County assessor shall forward to the Historic Preservation Commission 11 all complete applications for special property tax valuation for historic property 12 within 10 days after receiving such applications. 13 C. Review Process. 14 1. The Historic Preservation Commission shall review each application for special 15 tax valuation and determine: if the application is complete; if the subject property 16 meets the criteria set forth in RCW 84.26.030 and WAC 254-20-070(1); and if the 17 subject property meets the criteria set forth in subsection D of this section. The 18 Historic Preservation Commission shall review all timely applications, and shall 19 enter a determination on the application no later than December 31 st of the calendar 20 year in which the application is made. 21 2. If the Historic Preservation Commission finds that a subject property is eligible 22 and meets all criteria set forth in this section, the Historic Preservation Commission 23 shall enter into an historic preservation special valuation agreement with the owner 24 of the subject property, which agreement shall contain all terms required by WAC 25 254-20-120. Upon mutual execution of such an agreement, the Historic Preservation 26 Commission shall approve the application. 27 3. If the Historic Preservation Commission determines that the subject property does 28 not meet all the requirements of this section, the Historic Preservation Commission 29 shall deny the application. 30 4. Historic Preservation Commission decisions to approve or deny applications for 31 special tax valuation shall be in writing, shall describe the facts upon which the 32 determination is based, and shall be filed with the Kitsap County assessor within 10 33 days after the date of the decision. 20 1 Page 1 5. For those applications approved by the Historic Preservation Commission, the 2 Historic Preservation Commission shall forward a copy of the applicable historic 3 preservation special valuation agreement, the application and all supporting 4 documentation to the Kitsap County assessor. The Historic Preservation Commission 5 shall also notify the State Review Board that the subject property has been approved 6 for special valuation and shall monitor the subject property for continued compliance 7 with the historic preservation special valuation agreement throughout the 10 -year 8 special valuation period. 9 6. The Historic Preservation Commission shall determine whether a property is 10 disqualified from special valuation either because of the owner's failure to comply 11 with the terms of the historic preservation special valuation agreement or because of 12 a loss of historic value resulting from physical changes to the building or site. In the 13 event that the Historic Preservation Commission concludes that a property is no 14 longer qualified for special valuation, the Historic Preservation Commission shall 15 notify the owner, the Kitsap County assessor and the State Review Board in writing 16 and state the facts supporting its findings. 17 D. Criteria. 18 1. al nt t 1 a 19 class of pr fl it i�,de�ll 'i—' Iii• �c��'r"�rrri�-ruca�..�u 20 properties listed on the N + n 4_gm s r'��r3 ..t.•ibut'.-.ra to a Na-lieffa_i_ ,z�. z �u�lu `ul ..g+.lcc�ar'-vcrcrs-n�o�ii� �c©-rtcrro crcti-rr�z�- 21 Register Imoi steric & rETUT-ul-ra-FtIH-Ve been substantially rehabilita4ed at a cost and within 22 a t -11 47�,r.i , p et the e -q .moi set "r -t , in Chapter 84.26 T7f�W A � +I ty--� �— ��rrr• �wrrrrr i :'�'�'P'�l*�T . f LI.LWl ill:. 23 eity beo ti fie l leeal. Igavemment, The class of historic property eligible for 24 special valuation in the city includes all properties listed on the Local Register that 25 have been substantially rehabilitated at a cost and within a time period that meets the 26 requirements set forth in Chapter 84.26 RCW. 27 2. Property Review Criteria. In its review of an application for special valuation of 28 an historic property, the Historic Preservation Commission shall determine if the 29 subject property meets each of the following criteria: 30 a. The property is an historic property; 31 b. The property is included within a class of historic property determined 32 eligible for special valuation pursuant to subsection D.1 of this section; 33 c. The property has been rehabilitated at a cost that meets the definition set forth 34 in RCW 84 26.020(2) within 24 months prior to the date of application; and 211 Page 1 d. The property has not been altered in any way that adversely affects those 2 elements that qualify it as historically significant, as determined by applying the 3 standards set forth in WAC 254-20-100(1). 4 3. Rehabilitation and Maintenance Criteria. The Historic Preservation Commission 5 shall use the Washington State Advisory Council's Standards for the Rehabilitation 6 and Maintenance of Historic Properties set forth in WAC 254-20-100 as the 7 minimum requirements for determining whether an historic property is eligible for 8 special valuation and whether the property continues to be eligible for special 9 valuation once it has been so classified. 10 E. Agreement. The Historic Preservation Commission shall use the historic preservation special 11 valuation agreement set forth in WAC 254-20-120 as the minimum agreement required by this 12 section. A■t'"Twi-a4ion as historic propef4y deeision of t on 1p1 15 334.04.51Q thi-etigh 34.05.598 in addifieti le any other legal r-emedy. Any decisio-a of rC .. • of histeRie property as being el, "ill 18 RCIA4 I •(Or _ - 1. j 19 18.24.11070 Fort Ward historic overlay district. _... 20 The following regulations apply to the Fort Ward historic overlay district and supplement those 21 general standards contained in BIMC 18,24.010 through 18.24.060. In the case of conflict between 22 the provisions of this section and the provisions of previous sections of this chapter, the provisions 23 of this section shall apply. Any applications for development within the Fort Ward historic overlay 24 district not subject to the provisions of this section shall comply with the regulations for the 25 underlying zone (R-2). 26 A. Establishment of Boundaries. The provisions of this section shall apply to the Fort Ward study 27 area as shown on the following page, referred to as the Fort Ward historic overlay district. 221Page Fort Ward Historic N Overlay District A %J . � v Port W.vd 3Cls ilork �` ,� i r Legend FaiW uHlsa'ma , y —rr_A �S6 /� �oTI� j i FT i wtImss s�� 11 _• �1lsxirP�mde WooWc �``�-7_r _ .�L.a..L+3 ATTACHMENT 'I 1 2 B. Increases in Density. 3 4 10 11 1. Availability. Residential density bonuses may be available for providing affordable housing pursuant to Chapter 18.21 BIMC. 2. Building 16. The property tax identified as tax parcel number 112402-3-004-2003 containing a building of historical interest, identified as Building 16 on Attachment 2, shall be permitted an increase in density up to a total of eight units; provided, that the majority of the dwelling units are located inside Building 16; and provided, that the following development standards are met: a. The exterior of the building is rehabilitated and maintained in accordance with the standards established in subsection D of this section. 231 Page I b. The proposed work is reviewed by the Historic Preservation Commission, and 2 a certificate of review is issued, in accordance with subsection E of this section. 3 c. A minimum of five feet of partial screen perimeter landscaping shall be 4 provided alongside and rear property lines. This requirement may be met by 5 retaining existing vegetation on the property, or planting new vegetation. The 6 perimeter landscaping requirement may be waived as part of the final decision 7 on the permit, upon written agreement from adjoining property owners. 8 d. Surface parking is encouraged to be located behind the building. Any surface 9 parking that is adjacent to residential uses shall be fully screened so as to prevent 10 headlights from shining on the adjacent residential uses. 11 e. Parking may be located along the south property line; provided, that it is 12 enclosed within a structure. 13 f. The applicant shall provide community meeting space of not less than 500 14 square feet. This community meeting space may be provided within Building 15 16, or, upon approval by the city, this requirement may be met by the applicant 16 making a financial contribution equal to the cost of constructing a 500 -square - 17 foot meeting space and one unisex bathroom stall within Building 16. If the 18 financial contribution option is used: 19 i. The applicant shall submit current cost estimates to the city building 20 official for the construction of the meeting space, as described in subsection 21 B.2.f of this section, meeting all code requirements and the same level of 22 finishes and quality of construction as used elsewhere in the interior of the 23 building; 24 ii. The payment shall be held in a reserve account and may only be 25 expended in support of the construction of a community meeting space in 26 the Fort Ward historic overlay district; 27 iii. The payment shall be expended in all cases within five years of 28 collection; and 29 iv. Any payment not so expended shall be refunded with interest to the 30 property owners of record at the time of the refund; however, if the 31 payment is not expended within five years due to delay attributable to the 32 developer, the payment shall be refunded without interest. 33 g. The applicant complies with the requirements of subsection G of this section 34 prior to issuance of an occupancy permit. 241 Page 1 3. Other Properties. Certain properties within the Fort Ward historic overlay district 2 that contain a structure of historic interest, as identified on Attachment 2, shall be 3 permitted to develop to the historic density as shown in Table 18.24.070-1; provided, 4 that: 5 a. The exterior of the building is rehabilitated and maintained in accordance with 6 the standards established in subsection D of this section. 7 b. The proposed work is reviewed by the Historic Preservation Commission, and 8 a certificate of review is issued, in accordance with subsection E of this section. 9 c. The applicant complies with the requirements of subsection G of this section. Table 18.24.070-1: Fort Ward Historic Overlay District Additional Densities Building Tax Parcel Number Density Number Building 11240230022005 Up to 3 13 units Building 41470050010004 2 units 18 Building 41470050020102 2 units 19 Building 41470050030002 2 units 20 Building 41470050040001 2 units 21 10 C. Maintenance and Rehabilitation of Buildings of Historic Interest. 11 1. Buildings B and C. Buildings B and C (tax parcel number 80970000000007, a total 12 of 10 units), as identified on Attachment 2, are buildings of historic interest that 13 contribute to the character of the Fort Ward historic overlay district. Any project to 14 alter, reconstruct, remodel, or restore the exterior of the subject buildings that 15 requires permits from the city shall require review by the Fort Ward historic design 16 review committee for compliance with the standards established in subsection D of 251 Page 1 this section and issuance of a certificate of review in accordance with the procedures 2 established in subsection E of this section. 3 2. Other Buildings. The buildings shown in Table 18.24.070-2, and identified on 4 Attachment 2, are buildings of historic interest that contribute to the character of the 5 Fort Ward historic overlay district. The rehabilitation and maintenance of these 6 buildings is to be encouraged. Any owner who wishes to alter, reconstruct, remodel, 7 or restore the exterior of the subject buildings in a manner that maintains its historic 8 character may request the review services of the Historic Preservation Commission. 9 The Historic Preservation Commission shall be available to review the proposed 10 changes, and to advise the applicant as to design elements, construction techniques 11 and materials that would be compatible with the historic character of the specific 12 building. Table 18.24.070-2: Fort Ward Historic Overlay District Other Buildings of Historic Interest Building Number 'Tax Parcel Number Building E 11240220032006 Building 46 41470050050000 Building 47 41460010030002 Building 48 41460010010103 Building 49 41460030050006 Building 50 41460030030008 Building 51 41460030010000 Building 60 41460010050000 13 The rehabilitation and maintenance of any other buildings of historic interest within the Fort Ward 14 historic overlay district is to be encouraged. Any owner who wishes to alter, reconstruct, remodel, 15 or restore the exterior of these buildings in a manner that maintains its historic character may also 16 request the review services of the Historic Preservation Commission. 261 Page B+;,iidinp of Historic interast . Fort Ward Historic Olverlay District Or4inanea 200049 1 Bog 0 Tu PmvW Nmmbw B: 1144J720031�61 40. 414"Wti Itis wJ 4i. ",660010030D02 +I� 4166M*010103 40. 414800SCWN0 a ar- 0nO0f1D11P War sm 41460024030006 31. ;34800;54014605 13, 4194023=003 14. 1424g13slG47063 �,. 414?COWMC04 F0. 4111005M,1010i 79- 4147000030M 4t. 414?WPODOM 450. 414OWSifq OM ATTAGHNENT 2 2 D. Standards for Maintenance or Rehabilitation of the Exteriors of Buildings of Historic Interest. 3 1. A property shall be used for its historic purpose or be placed in a new use that 4 requires minimal change to the defining characteristics of the building and its context. 5 2. The historic character of a property shall be retained and preserved. The removal 6 of historic materials or alteration of features and spaces that characterize a property 7 shall be avoided. 8 3. Each property shall be recognized as a physical record of its time, place and use. 9 Changes that create a false sense of historical development, such as adding 10 conjectural features or architectural elements from other buildings, shall not be 11 undertaken. 271 Page 1 4. Many properties change over time; those changes that have acquired historic 2 significance in their own right shall be retained and preserved. 3 5. Distinctive features, finishes and construction techniques or examples of 4 craftsmanship that characterize a property shall be preserved. 5 6. Deteriorated architectural features shall be repaired rather than replaced. Where 6 the severity of deterioration requires replacement of a distinctive feature, the new 7 feature shall match the old in design, color, texture, and other visual qualities and, 8 where possible, materials. Replacement of missing features shall be substantiated by 9 documentary, physical, or pictorial evidence. 10 7. Chemical or physical treatments, such as sandblasting, that cause damage to 11 historic materials shall not be used. The surface cleaning of buildings, if appropriate, 12 shall be undertaken using the gentlest means possible. 13 8. Significant archaeological resources affected by a project shall be protected and 14 preserved. If such resources must be disturbed, mitigation measures shall be 15 undertaken. 16 9. New additions, exterior alterations or related new construction shall not destroy 17 historic materials that characterize the property. The new work shall be differentiated 18 from the old and shall be compatible with the massing, size, scale and architectural 19 features to protect the historic integrity of the property and its environment. 20 10. New additions and related new construction shall be undertaken in such a manner 21 that, if removed in the future, the essential form and integrity of the historic property 22 and its environment would be unimpaired. 23 E. Application and Review by the Pori Historic Preservation 24 Commission 25 1. Certificate of Review Required. No applicant shall alter, reconstruct, remodel, or 26 restore the exterior of the subject buildings pursuant to subsection B.2, B.3 or C.1 of 27 this section, and no city permit or approval of such activity shall be issued without 28 review by the Historic Preservation Commission and without issuance of a certificate 29 of review by the Historic Preservation Commission. 30 2. Preliminary Review. Upon submittal of application for site plan and design review 31 permit or building permit, the applicant shall schedule a preliminary review meeting 32 with the Historic Preservation Commission. A staff planner shall also attend the 33 preliminary design review meeting. Prior to the review meeting, the applicant shall 34 provide Historic Preservation Commission members with "as is" photographs of the 281 Page 1 subject building and site; a site plan showing the location of the building or buildings; 2 the proposed method of cleaning and treating masonry and other surfaces; exterior 3 elevations of the front and side with a description of the proposed type and finished 4 color of exterior siding, proposed windows and roofing to be used; and proposed 5 architectural features and trim. All diagrams shall be drawn to scale. The Historic 6 Preservation Commission may request additional information and/or a site visit as 7 necessary for their review and recommendation. Any conditions agreed to in this 8 meeting shall become conditions of approval of the permits granted. 9 3. Final Review. Prior to issuance of permits, the applicant shall schedule a final 10 review meeting with the Historic Preservation Commission. A staff planner shall also 11 attend the final review meeting. Upon determination that conditions specified in the 12 preliminary design review and the requirements of this chapter are met, the Historic 13 Preservation Commission shall issue a final certificate of review in a form to be 14 approved by the city. The final certificate of review shall be attached to the building 15 permit. 16 4. Exemptions. Emergency repairs, ordinary repair and maintenance and interior 17 remodeling shall not require a certificate of review. 18 F. Notice on Title. Prior to issuance of building permit, the owner of any property seeking an 19 increase in density pursuant to subsection B of this section shall record with the Kitsap County 20 auditor a restrictive covenant in a form approved by the city. Such document shall provide notice 21 in the public record of the requirement that any alteration, reconstruction, remodel, repair, or 22 restoration of the exterior of the subject buildings must comply with the provisions of this chapter. 23 The applicant shall submit proof to the city that the restrictive covenant has been filed. The 24 covenant shall run with the land and failure to provide such notice to any purchaser prior to 25 transferring any interest in the property shall be in violation of this chapter. 26 G. Design Guidelines. In addition to complying with all other applicable provisions of this chapter, 27 permitted development, redevelopment, and exterior renovation in the Fort Ward district shall 28 comply with those regulations contained in the "Fort Ward Design Guidelines." (Ord. 2011-02 § 2 29 (Exh. A), 2011) 30 18.24.120, Heritage tree register. 31 A. The Historic Preservation Commission shall review nominations of heritaee trees to be 32 included on the Heritage Tree Re ig sterd 33 B. Criteria for Listing. Individual trees or tree stands n ay be designated Heritage Trees because 34 they exhibit valued, unique characteristics that set them apart from other similar trees. Heritage 35 trees shall meet one or more of the following criteria: 29 1 Page 1 1. Specimen. A tree of exceptional size, form or rarity. 2 2. Size. Any tree with a dBH of 36 inches or more. 3 3. Species. Locally important native trees or trees and tree stands that are associated 4 with the character of the community. Species that arc bare in the arca, with the 5 exception of non-native, invasive treespecies. 6 4. Age. Trees of exceptional age. 7 5. Historic, Cultural or Habitat Significance. Trees associated with notable local or 8 regional historical or cultural events, persons, structures or landscapes. 'T'rees planted 9 as commemorative trees. Trees that serve as important habitat for valued wildlife. 10 6. Ecological Value. Trees or tree stands with high ecological value due to their 11 location, size, species and/or condition. 12 7. Aesthetics. A tree with special aesthetic value due to its form or function it serves 13 in the landscape for example, a landmark pair of trees that frame an entrance), 14 8. Location. Trees valued for their particular location. 15 16 C. Process for Designating Heritage Trees 17 1. Trees may be nominated by the: 18 i. Owner or 19 ii. Any member ofthe public. 20 2.The Historic Preservation Commission shall examine each application and make a 21 determination based on the Heritage 'Free criteria, whether the tree or tree stands 22 are eligible for the register. 23 3.Once determination has been made, the Historic Preservation Commission shall 24 Notify the property owner. The property owner must agree to the nomination by 25 signing a consent form attached to the nomination form, 26 D. Responsibilities for Owners of Trees on the Register. The Heritage Tree or Tree Stand is 27 retained by the property owner and does not become property or responsibility of the City. Upon 28 Acceptance of a nomination, the City will list the tree or tree stand on the register. If requested., the; 29 City will provide the owner with a professional arborist's assessment of the tree or tree stand. 30 E. Removal of Trees frons the register. Heritage Tree desimiation does not prohibit a property 31 owner frorn developing a property and/or removing a Heritage Tree. The owner shall consult with 32 the Historic Preservation Commission prior to removing of a tree. 301 Page F. Incentives for a Tree(s) on the Register. Heritage trees inay receive density bonuses pursuant 2 to BIMC 18.15.010.G.5.b 3 4 131MC 18.24.130, Historical signage program, 5 A. The Historic Preservation Commission shall review suggestions for historical signage and 6 determine whether the proposat to instatl historical silage is appropriate. 7 B. Criteria for Signage. The Historic Preservation Commission shall detennine, based on the 8 Cactual natural of the proposal, the de ee of sig- ificance, and the connection to the site whether a 9 IZistoric sin is appropriate. If the site is a City Road End, feedback from the Marine Access 10 Committee (MAC) wilt also be considered. 11 C. Process for Proposing Historical Signage. 12 1. Candidate sites for historical signage may be proposed to the Historic Preservation 13 Commission by: 14 a. Owner or 15 b. Any member of the public. 16 2. Suggestions should identify the candidate site and the significant 17 event/person/structure that is associated with the site. Proposals should not include 18 specific language for the suggested sign. The development of content is a 19 collaborative process completed by the Historic Preservation Commission and the 20 Bainbridge Island History Museum (1311 -IM), 21 3. Determination of Appropriateness: 22 a. If the proposed site is a City Road End the MAC will be informed and the 23 Historic Preservation Commission will request feedback on whether the MAC 24 supports the su wstion for historical signage at that site. 25 b. The Historic Preservation Commission will review the suggestion for historical 26 signage and will determine whether the proposal to install historical signage is 27 appropriate. The Historic Preservation Commission's determination will be 28 based on the factual nature or the proposal, the degree of significance, and the 29 connection to the specific site. If the site is a City Road End. the feedback from 30 the MAC shall also be considered. 31 4. Content of Signage: 32 a. If the Historic Preservation Commission determines that the suggestion for 33 signage is appro late, the Historic Preservation Commission will work in 34 collaboration with the BIHM to develop specific huiguage and other signage 35 content (graphics, photos, etc.). The BIHM will attest to the historical accuracy 36 of the wording, including references where needed. 31 1 Page b. The draft of the sign shall be submitted to the Historic Preservation Commission for final qV12roval. The sign must meet a] l of the FoI I owi ng criteria: i. The sign shall be historically accurate. 4 ii. The story must have a relationship to the location. 5 iii. The sign shall be clear, concise and address only the salient historic 6 facts. 7 8 BIMC 18.24.140, Recognition of historic island farms. 9 A. Intent. The intent of this section is topublicly recognize and encourage an essential element of 10 the Island's character and history —family farms. 11 12 B. !Criteria for Designation. A Historic Island Farm shall meet the 1ollowhig criteria: 13 a. Currently used as a farm, 14 b. At least 25% of the lot used for farming, 15 c. Was a farm Rrior to 1965 and 16 d. Is at least 2.5 acres in size. 17 18 C. Process for Desianation. Any person may recommend a farm for recognition as a Historic 19 Island Farm. 20 21 D. Designation as a Historic Island Farm is an honorary designation and shall not restrict the sale, 22 alteration, use or the exercise of any other rip -ht of ownership. 23 24 Section 3. BIMC Section 18.26.060 Definitions is hereby amended to read as follows: 25 44. "Certificate of appropriateness" means the certificate issued by the Historic Preservation 26 Commission or the Planning Dg irector pursuant to Chapter 18.24 BIMC upon approval of proposed 27 changes that do not adversely affect the historic characteristics of a property listed on the Local 28 Register. 29 120. "Historic property" means real property together with improvements on the property (except 30 property listed in a register primarily for objects buried below ground) that i -s are i -,listed in on a 31 local, state or National Register. 32 213. "Register eligible" means a property that is found to be eligible for listing on the local 33 Register and is not currently listed. Heritage 12operties would also be register eligible if it qualifies 34 for listing on the Local Register and has not been formally listed, 35 117. "Ileritage mot)erty" means a groverty whose loss would mean a diminution of the Island's 36 special character, that is eligible for the Local Register of Historic Places, that possesses most of 37 its original architectural integrity,havins no maior exterior alterations or additions that is a 38 significant contributor to its neighborhoods character and is visually accessible to the public. 321 Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 119. "Historic island farms" are currently used as a farm at least 25% of the lot used as farming. were farmed prior to 1965, and are at least 2.5 acres in size and. Section 4. This ordinance shall take effect and be in force five (5) days from its passage, approval, and publication as required by law. PASSED BY THE CITY COUNCIL this 23`d day of August, 2016. APPROVED BY THE MAYOR this 23`d day of August, 2016. Vaf Tolle scan, Mayor ATTESPAUTHENTICATE: 10sali . kes®� Rosalind D. Lassoff, CMC, City Clerk FILED WITH THE CITY CLERK: August 5, 2016 PASSED BY THE CITY COUNCIL: August 23, 2016 PUBLISHED: August 26, 2016 EFFECTIVE DATE: August 31, 2016 ORDINANCE NUMBER: 2016-11 331 Page o E E L L 5 a) O 7 U 5 - LL D D a N C M a) U) U\ c c inco �i � ac) (� 3 S O N j N Q O aN c rn N n o t v >, 3�CU0 2'3 ti C +0+ v L m vOi U u) LEcoco-0E mac: 2 =3LQrnc� 0oU)�co� Oo_U 2 (D I �n 0 N d d J fn 2 2 Q U C O cnVT — a) '(A 0 C C c cc N E O 0.5 > E c C L O c O U 3° a) cEo� ya) � 0 >, () cu¢' E cu o U O � o i� U h a) o w �� � U o M rn 'o 'N I c c �o LU > E a) ooca; 2 c o �� o rnm•c Ucc a)cto E cd >•E 0 O _ cu v �� '>O Qm� c Z000aQUWca aa))C) Ec� o •� U) cn a) >, j' c:' 0 0a o0 r in 64 c 3U I U 0.0 a� 2 �°r° 3 O O ? U2 2m �O ° N2 (D I �n 0 N d d J fn 2 2 Q N C ) 0) D_ c C > O Ccn C C L O I a) O o I; NU o6 U � 0 B r o_ ,, c 3 U� aa)a)06Z- oaa = Q=U o 0 a) c Q a� C � U o M rn 'o 'N I c c �o LU > E a) ooca; 2 c o �� o rnm•c Ucc a)cto E E.- me o.m O O n O O0- _ (D I �n 0 N d d J fn 2 2 c N N C ) 0) D_ c > u, m a > a w O C L O c a o E cn a � � m L r O O U� aa)a)06Z- oaa = Q=U o Q� oc ° a� = a) c Q CL 0 0 c i O C C m 0) D_ c > u, m a O a i� CL a) N C L O L c A c U o E cn 65 = o 0 ate) rn 0 0 U) a) N m C '+ O C U = Q � x � i� CL o W ami a) O o CL c U IM o>oN cn c: -E 0 ate) rn 0 0 m L c�2 oW�L- k ^ ate+ U O ay+ a) OL N a N CL v_, U l U = Q N a C N 7 O cn a) �Fu a) O o c U IM o>oN cn Mccn a) N mY CL (y0 OL� +_ C: k ^ ate+ U O ay+ a) OL N a U� aa)a)06Z- oaa = Q=U o Q� oc ° a� = a) c Q CL 0 0 M L d—= O d L �o o M rn 'o 'N I c c �o LU > E a) ooca; 2 c o �� o rnm•c Ucc a)cto E E.- me o.m O O n C: 3 L Q 0 }' OL a) as E a co a O .� .c o a) a r � L— (A N a W D'Q 012 m on Z000aQUWca ;. • •..... _• • o •� U) cn a) >, — n C U 'E W c O c O Z 3 E cn°� m U Y coo EO N C N Q N U M U) a) 3 >. M3 C U C M E a) O 0 ca CL cn'rn a) O Q> rnE N N C c o V a 0— V W m V a) +_ m L C C QU C 0_ cB 0- w O O N U p a) ca vi j y v) •` t R a) E aN N� n CJ 2m a (G L LL.(n W • O t i m I m Q c0 '. m = VS U) O d d t y Ca. r U �i O� I Q O