ORD 2003-37 HISTORIC PRESERVATION IMPLEMENTATION ORDINANCE NO. 2003-37
AN ORDINANCE of the City of Bainbridge Island, Washington,
implementing Comprehensive Plan policies related to historic
preservation; and adding a new Chapter 18.76 to the Bainbridge
Island Municipal Code.
WHEREAS, the city adopted a Comprehensive Plan on September 1, 1994, which has
subsequently been amended;
WHEREAS, the Comprehensive Plan recognizes that archaeological, cultural and historic
structures and sites are an important part of the city's character, and should be identified,
evaluated and preserved; and
WHEREAS, Comprehensive Plan policy HP 1.2 calls for the development of a local historic
preservation ordinance and historic registry program; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN, as follows:
Section 1. A new Chapter 18.76 is added to the Bainbridge Island Municipal Code as
follows:
Chapter 18.76
Historic Preservation Program
18.76.010 Purpose
The purpose of this ordinance is to provide the process and standards for identifying, evaluating
and protecting historic resources within the city, and for preserving and rehabilitating eligible
historic properties within the city for future generations through a special valuation tax incentive
in order to:
A. Safeguard the heritage represented by those buildings, objects, sites and structures that
reflect significant elements of the city's history;
B. Foster civic and neighborhood pride in the beauty and accomplishments of the past;
C. Stabilize or improve the aesthetic and economic vitality and values of such buildings,
objects, sites and structures;
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D. Assist, encourage and provide incentives to private owners for the preservation,
restoration, redevelopment and use of historic buildings, objects, sites and structures;
E. Promote and facilitate the early identification and resolution of conflicts between
preservation of historic resources and alternative land uses; and
F. Conserve valuable material and energy resources by ongoing use and maintenance of the
existing built environment.
18.76.020 Def'mitions
A. Certificate of Appropriateness means the certificate issued by the Commission pursuant
to Section 18.76.060 upon approval of proposed changes that do not adversely affect the
historic characteristics of a property listed on the Local Register.
B. Certified Local Government means a local government that has been certified by the
State Historic Preservation Officer and The National Park Service as having established its
own historic preservation commission and program that meets Federal and State standards.
C. Consent means informed consent, and in the case of nominations or designations for
listing on the Register shall mean consent given after receipt of information prescribed in
the Commission's roles that will inform the property owner of the practical and legal effect
of nominating or designating the property for listing on the Register.
D. Emergency Repair means work necessary to prevent the destruction or dilapidation of
buildings, objects, sites and structures that are immediately threatened or have been
damaged by fire, flood, earthquake or other disaster.
E. Historic Preservation Commission or Commission means the Commission created
pursuant to Section 18.76.040 and governed by this chapter.
F. Historic Property means real property together with improvements thereon (except
property listed in a register primarily for objects buried below ground) which is listed in a
Local or National Register.
G. Local Historic Inventory or Inventory means the comprehensive inventory of the historic
resources located within the city's boundaries, which is established and maintained by the
Commission.
H. Local Register of Historic Places or Local Register or Register means the list of historic
properties within the city established pursuant to Section 18.76.050.
I. National Register of Historic Places or National Register means the national listing of
historically significant properties, established pursuant to 16 U.S.C. 470a.
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J. Object means a thing of functional, aesthetic, cultural, historical, or scientific value that
may, by nature or design, be movable yet related to a specific setting or environment.
K. Ordinary Repair and Maintenance means work for which a permit is not required, and
the purpose of which is to correct the deterioration of or damage to real property or an
improvement located thereon, and to restore, as much as practicable, such real property or
improvement to its condition prior to the deterioration or damage.
L. SHPO means the State Historic Preservation Officer appointed pursuant to 16 U.S.C.§
470a(b)(1)(A)
M. Historical Significunce means something that is important or helpful in the understanding
of the history of the local area, state or nation by illuminating the local, statewide, or
nationwide impact of the events or persons associated with the property, or the property's
architectural type or style.
N. Site means a place where a significant event or pattern of events occurred. It may be a
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,
although not actively occupied. A site may be the location of mined or now nonextant
building or structure if the location itself possesses historic, cultural or archaeological
significance.
O. Special Valuation means the local option program provided for in Chapter 84.26 RCW
which, when implemented, makes available to property owners a special tax valuation for
rehabilitation of an historic property.
P. State Register of Historic Places or State Register means the state listing of properties
significant to the community, state or nation but which do not meet the criteria of the
National Register.
Q. State Review Board means the advisory council on historic preservation established
pursuant to Chapter 27.34 RCW, or any successor agency designated by the state to act as
the state historic preservation review board under federal law.
R. Universal Transverse Mercator or UTM means the grid zone in metric measurement
providing for an exact point of numerical reference.
18.76.040 Historic Commission
A. Creation
The Bainbridge Island Historic Preservation Commission is hereby established, to operate and act
in accordance with the provisions of this chapter.
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B. Composition of the Commission
1. Thc Commission shall consist of seven members, who shall he appointed by the
mayor and approved by the city council in accordance with this chapter. The 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 herein as the "professional positions." An action taken by the 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 SHPO provides otherwise.
2. All members of the Commission must have a demonstrated interest and competence
in historic preservation and possess qualities of impartiality and broad judgment.
3. All members of the Commission shall serve without compensation.
4. In making appointments to the Commission, the mayor may consider names
submitted from any source; provided, that the mayor shall notify the Bainbridge Island Historical
Society and other appropriate community organizations of any vacancies on the Commission, so
that these organizations may submit the names of qualified individuals for consideration along with
names from any other source. The mayor also shall publish notice of such vacancies and the
procedure for submitting nominations.
5. The Commission shall select from among its members a chairperson and such other
officers as may be necessary to conduct the Commission's business.
C. Term of Commission Members
The initial appointment of members to the Commission shall be as follows: three members shall be
appointed for two years; two members shall be appointed for three years; and two members shall
be appointed for four years. Thereafter, appointments shall be made for three-year terms.
Vacancies to the Commission shall be filled by the mayor for the unexpired term of that position.
D. Powers and Duties
The Commission shall:
1. Establish, maintain and periodically update a Local Historic Inventory, which
Inventory shall be maintained in a form compatible with the state inventory, and may cooperate
with, and advise the city council as requested on contracting with, the Bainbridge Island Historical
Society or others, in connection with the establishment and maintenance of the Inventory;
2. Establish and maintain the Local Register of Historic Places, as provided in Section
18.76.050;
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3. Review nominations to the Local Register and designate properties for listing on the
Register, in accordance with Section 18.76.050;
4. Participate in the review process for nominations to the National Register of
properties within the city's boundaries, in accordance with the procedures established by the
SHPO;
5. Review proposals to construct or reconstruct upon, change the use of, alter, restore,
remodel, repair, move or demolish properties on the Local Register as provided in Section
18.76.060;
6. Conduct all Commission meetings in compliance with Chapter 42.30 RCW;
7. Provide resources and advocacy for historic preservation consistent with
Comprehensive Plan policy HP 1.2, which may include but are not limited to participation in or
promotion of public educational programs, fostering historic preservation through recognition of
excellence in restoration of historic buildings, structures or sites, advising the city council or the
planning commission as requested on matters of city history and historic preservation or actions
affecting the historic resources of the city, and maintaining information on federal or state historic
preservation programs, funding sources or incentives; and
8. Serve as the local review board for the special valuation of historic property, and in
that capacity, determine and monitor the eligibility of historic property for special valuation in
accordance with Section 18.76.090.
F. Rules and Standards of Commission
The Commission shall establish and adopt rules prescribing forms, standards and procedures
consistent with applicable law, as necessary to carry out its duties. Standards for review under
Section 18.76.050 and Section 18.76.060 shall be based in part, and to the extent applicable, on
the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation,
48 FR 44716, as updated and supplemented by the National Park Service, and the Secretary of the
Interior's Standards for Rehabilitation, 37 CFR 67, as amended. All actions of the Commission
shall be carried out in accordance with its rules.
G. Staff Support
Staff support shall be provided to the Commission sufficient to enable the Commission to carry
out the responsibilities undertaken by the city under the certification agreement between the city
and the SHPO.
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18.76.050 Register of Historic Places
A. Criteria for Designating Properties for Listing on the Register
Any building, structure, site or object, whether publicly or privately owned, may be designated
for listing on the Local Register if: it is significantly associated with the history, architecture,
archaeology, engineering or cultural heritage of the community; it has physical integrity; it is at
least 50 years old or is of lesser age but has exceptional importance; and it qualifies as at least one
of the following:
1. Is associated with events that have made a significant contribution to the broad
patterns of national, state, or local history;
2. Embodies the distinctive architectural characteristics of a type, period, style, or
method of design or construction, or represents a significant and distinguishable entity whose
components may lack individual distinction;
3. Is an outstanding work of a designer, builder, or architect who has made a
substantial contribution to the art;
4. Exemplifies or reflects special elements of the city's cultural, special, economic,
political, aesthetic, engineering, or architectural history;
5. Is associated with the lives of persons significant in national, state, or local history;
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;
9. Is a cemetery which derives its primary significance from age, from distinctive
design features, or from association with historic events, or cultural patterns;
10. Is a 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 formal
architectural or historical categories; or
12. Is listed on the National Register or the State Register.
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B. Process for Designating Properties for Listing on the Register
1. Any person, including the Commission or any Commission member, may nominate
a building, structure, site or object for listing on the Local Register; provided, that no property
shall be nominated without the prior consent of the owner.
2. The nomination shall include, when possible, the tax parcel number (and the UTM
reference, if required for compatibility with the State Register) and a description of all interior and
exterior features and outbuildings that contribute to its designation.
3. In reviewing the nomination, the Commission shall consider the Local Inventory
and the city's Comprehensive Plan, and the merits of the nomination, according to the criteria in
Paragraph A of this section, and shall proceed according to the nomination review standards
established in the Commission's rules.
4. The Commission shall provide public notice of the date, time and location of the
meeting during which it will consider the designation nomination. Written notice of the date, time
and location of the meeting shall be provided no later than ten days prior to the meeting to the
nominator, the owner(s) of public record and the lessees, if any, of the subject property. The
Commission shall further publish at least one notice of the meeting in a newspaper of general
circulation in the city. The Commission shall also post a notice on a conspicuous location on the
subject property.
5. If the Commission finds that the nominated property is eligible for listing on the
Local Register, the Commission shall list the property on the Register, with the consent of the
owner of the property. The public, property owner, nominator and lessees, if any, shall be
notified in writing of the listing no later than 30 days after the listing.
6. Properties listed on the Local Register shall be identified in the planning database
maintained by the city and the listing shall be forwarded to the Kitsap County Assessor for
identification of the historical property in the Kitsap County zoning records.
C. Removal of Properties From the Register
Properties listed on the Local Register may be removed from the Register only by the Commission
in accordance with this section. The Commission may remove any property from the Local
Register, with or without the owner's consent, if the Commission deems the property no longer
appropriate for designation to the Local Register because it no longer satisfies the original criteria
in support of its designation. The procedure for removal shall be established by the Commission
and shall include the procedures for notification to the public and interested parties set forth in
Subsection B.4. above.
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18.76.060 Changes or Alterations to Properties Located on Local Register
A. Review Required
No person shall perform any work to a property listed on the Local Register, other than ordinary
repair or maintenance, emergency repair measures, or total or partial demolition, without a review
by, and issuance of a Certificate of Appropriateness from, the Commission. In the case of a total
or partial demolition of the property, a waiver of the Certificate of Appropriateness must be
obtained from the Commission prior to the demolition, in accordance with Subsection B below.
Failure to obtain the required Certificate of Appropriateness or waiver from the Commission shall
be grounds for removal of the property from the Local Register.
B. Review Process
1. The building official shall notify the Commission of any application for a permit to
perform work to or to demolish a property listed on the Local Register. If the activity is not
exempt from review, the Commission shall notify the applicant of the review requirements. The
building official shall not issue any permit until the required Certificate of Appropriateness or
waiver is received from the Commission.
2. The applicant shall apply to the Commission for a review of the proposed work to
the property listed on the Local Register, 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 all information required by the Commission pursuant to its established rules for
review.
3. The Commission shall meet with the applicant and review the proposed work in
accordance with the standards established in the Commission's rules. Unless required by another
ordinance or law, the Commission shall not be required to provide public notice of the
application. In the case of an application to perform work to the property, the Commission shall
complete its review and make its decision within 30 days after the date of receipt of the
application. If the Commission is unable to process the request within this time period, the
Commission may reasonably extend its review period for another 15 days upon written notice to
the applicant. If the Commission fails to issue a decision within 45 days of receiving the
application, the application shall be deemed approved and the Commission shall issue a Certificate
of Appropriateness.
4. As part of the review process for an application to demolish or partly demolish the
property, the applicant shall meet with the Commission in an attempt to find alternatives to
demolition. These negotiations may last no longer than 45 days from the initial meeting with the
Commission, unless either party requests an extension, in which case the negotiations may be
extended for up to an additional 30 days. If no alternative to demolition has been agreed to within
45 days from the initial meeting with the Commission, plus any extension, the Commission shall
approve or deny the application for a waiver and advise the official in charge of issuing a
demolition permit of the decision. If the Commission fails to issue a decision within 45 days from
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the initial meeting with the Commission, plus any extensions, the application shall be deemed
approved and the Commission shall issue an unconditional waiver. When issuing a waiver, the
Corranission may reasonably impose conditions designed to mitigate the loss of the property from
the Register. Property that is wholly demolished shall be removed from the Register. Property
that is partially demolished may be removed from the Register, if deemed appropriate by the
Commission.
5. The Commission's decision on any application shall be in writ'mg and shall state the
findings of fact and the basis for its decision. Any conditions to the Certificate of Appropriateness
or waiver recommended by the Commission and accepted by the applicant in this review process
shall become conditions of approval of the permits issued. If the owner accepts the Commission's
recommendations and conditions, a Certificate of Appropriateness or a waiver shall be issued by
the Commission according to standards established in the Commission's rules.
6. The Commission's determination, recommendations and, if awarded, the Certificate
of Appropriateness or a waiver, shall be transmitted to the building official. If a Certificate of
Appropriateness or waiver is awarded, the building official may then issue the permit.
7. If a Certificate of Appropriateness or waiver is denied, the building official shall
not issue the permit.
18.76.070 Appeal of Denial of a Waiver or a Certificate of Appropriateness.
The Commission's denial of any application for a Certificate of Appropriateness or waiver may be
appealed by the applicant to the city council within ten days the date of the Commission's
decision. The appeal 'shall be filed with the city clerk and shall clearly state the grounds upon
which the appeal is based. The appeal shall be reviewed by the council only upon the records of
the Commission. The council's decision on the appeal may be appealed by the applicant to the
Kitsap County Superior Court within twenty-one days after the date Of the decision issued by the
council.
18.76.080 Relationship to Zoning and Building Codes
Nothing contained herein shall be construed to repeal, modify or waive any zoning, land use or
building codes, laws, ordinances or regulations which are otherwise applicable to property listed
on the Local Register.
18.76.090 Review and Monitoring of Properties for Special Property Tax Valuation
A. Special Valuation Program Established
Pursuant to Chapter 84.26 RCW, a local option program is hereby established which shall
make available to owners of historic property a special tax valuation for the rehabilitation of the
historic property, as set forth in that Chapter and this Section.
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B. Application Process for Special Property Tax Valuation
1. An applicant desiring to obtain special property tax valuation for historic property
shall file a complete application with the Kitsap County Assessor no later than October I of the
year immediately preceding the first assessment year for which special valuation classification is
requested. Applications filed after the October 1 deadline shall not be considered for special
property tax valuation until the following year.
2. Complete applications shall include the following information and documentation:
a. A legal description of the historic property;
b. Comprehensive exterior and interior photographs of the historic property
before and after rehabilitation;
c. Architectural plans or other legible drawings depicting the completed
rehabilitation work;
d. A notarized affidavit attesting to the actual cost of the rehabilitation work
completed prior to the date of application and the period of time during
which the work was performed, with documentation of both to be made
available to the Commission upon request, and
e. For properties located within National Register historic districts, a
statement from the Secretary of the Interior, indicating the property is a
certified historic structure as defined in WAC 254.20.030(2).
3. The Kitsap County Assessor shall forward to the Commission all complete
applications for special property tax valuation for historic property within 10 days after receiving
such applications.
C. Review Process
1. The Commission shall review each application for special tax valuation and
determine: if the application is complete; if the subject property meets the criteria set forth in
RCW 84.26.030 and WAC 254-20-070(1); and if the subject property meets the criteria set forth
in Subsection D of this Section. The Commission shall review all timely applications, and shall
enter a determination on the application, no later than December 31 of the calendar year in which
the application is made.
2. If the Commission finds that a subject property is eligible and meets all criteria set
forth in this Section, the Commission shall enter into a Historic Preservation Special Valuation
Agreement with the owner of the subject property, which agreement shall contain all terms
required by WAC 254-20-120. Upon mutual execution of such an agreement, the Commission
shall approve the application.
3. If the Commission determines that the subject property does not meet all the
requirements of this Section, the Commission shall deny the application.
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4. Commission decisions to approve or deny applications for special tax valuation
shall he in writing, shall describe the facts upon which the determination is based, and shall be
filed with the Kitsap County Assessor within 10 days after the date of the decision.
5. For those applications approved by the Commission, the Commission shall forward
a copy of the applicable Historic Preservation Special Valuation Agreement, the application and
all supporting documentation to the Kitsap County Assessor. The Commission shall also notify
the State Review Board that the subject property has been approved for special valuation and shall
monitor the subject property for continued compliance with the Historic Preservation Special
Valuation Agreement throughout the 10-year special valuation period.
6. The Commission shall determine whether a property is disqualified from special
valuation either because of the owner's failure to comply with the terms of the Historic
Preservation Special Valuation Agreement or because of a loss of historic value resulting from
physical changes to the building or site. In the event that the Commission concludes that a
property is no longer qualified for special valuation, the Commission shall notify the owner, the
Kitsap County Assessor and the State Review Board in writing and state the facts supporting its
findings.
D. Criteria
1. I-Iistoric Property Criteria
Until the city becomes a Certified Local Government, the class of historic property eligible
for special valuation in the city includes all properties listed on the National Register 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.
After the city becomes a Certified Local Government, the class of historic property eligible for
special valuation in the city includes all properties listed on the Local Register that have been
substantially rehabilitated at a cost and within a time period which meets the requirements set forth
in Chapter 84.26 RCW.
2. Property Review Criteria
In its review of an application for special valuation of a historic property, the Commission
shall determine if the subject property meets each of the following criteria:
a. The property is an historic property;
b. The property is included within a class of historic property determined
eligible for special.valuation pursuant to Subsection D. 1. above;
c. The property has been rehabilitated at a cost which meets the definition set
forth in RCW 84.26.020(2) within twenty-four months prior to the date of
application; and
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d. The property has not been altered in any way which adversely affects those
elements which qualify it as historically significant, as determined by
applying the standards set forth in WAC 254-20-100 (1).
3. Rehabilitation and Maintenance Criteria
The Commission shall use the Washington State Advisory Council's Standards for the
Rehabilitation and Maintenance of Historic Properties set forth in WAC 254-20-100 as the
minimum requirements for determining whether a historic property is eligible for special valuation
and whether the property continues to be eligible for special valuation once it has been so
classified.
E. Agreement
The Commission shall use the Historic Preservation Special Valuation Agreement set forth in
WAC 254-20-120 as the minimum agreement required by this Section.
F. Appeals
A decision of the Commission on an application for classification as historic property eligible for
special valuation may be appealed to the Kitsap County Superior Court under RCW 34.04.510
through RCW 34.05.598 in addition to any other legal remedy. Any decision of the Commission
on the disqualification of historic property as being eligible for special valuation, or any other
dispute, may be appealed to the Kitsap County Board of Equalization in accordance with
RCW 84.40.038.
Section 2. This ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by law.
PASSED by the City Council thisl{Pr-h day of January, 2004. ,
APPROVED by the Mayor this l~hday of Ja-n,aryt 2004. ,
ATTEST/AUTHENTICATE: ~~
$~ P, I~.SPER,
Clerk
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APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: December 10, 2003
PASSED BY THE CITY COUNCIL: January q/~, 2004
PUBLISHED: January 21, 2004
EFFECTIVE DATE: January 26t 2004
ORDINANCE NUMBER: 2003 -37
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