HomeMy WebLinkAbout3037 Historic Structure DemolitionOrdinance 3037 Historic Preservation
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Ordinance No. 3037
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PORT TOWNSEND, WASHINGTON, RELATING TO LAND USE
AND ZONING, AMENDING CHAPTER 17.08 AND 17.30 OF THE
PORT TOWNSEND MUNICIPAL CODE CONCERNING DESIGN
REVIEW OF HISTORIC BUILDINGS, AND ADOPTING
REGULATIONS CONCERNING DEMOLITION OR
ALTERATION OF CERTAIN HISTORIC STRUCTURES,
INCLUDING RESIDENCES, AND PROVIDING FOR
DESIGNATION OF HISTORIC BUILDING AND PLACES, AND
ADOPTING MAINTENANCE STANDARDS FOR HISTORIC
BUILDINGS
RECITALS:
A. A portion of the City is designated a National Historic Landmark District (NHLD)
by the National Park Service. Generally, the area is downtown, uptown and
uptown residential areas. Many people believe that commercial buildings or
homes in the NHLD, or that are individually listed on the national or state historic
registers, aze protected by being in the District against demolition or alteration that
affects its historic character. However, this is not the case. To protect the District
and to protect structures from demolition or alteration that affects its historic
structures requires adoption of local standazds.
B. In 2004, the City Council approved Ordinances 2859, 2869 and 2975 which
adopted standards for the protection of downtown commercial buildings against
demolition. Alterations are allowed that aze consistent with the Secretary of
Interior (National Park Service) standards and adopted local standards.
C. On February 11, 2008, the City Council undertook a review of the status of
policies and procedures concerning potential demolition of historic structures
outside the downtown historic district.
D. The initiation of this review followed several applications for demolition (or
partial demolition) of residences that are in the NHLD. Other than building
permits, and SEPA, no regulations govern or review the demolition of historic
residential structures. Without regulations governing demolition of historic
structures, demolitions and the piecemeal negative impact on the District from
demolitions aze more likely to occur.
E. The goal of the review was to provide policies and standazds to better manage
teazdowns and redevelopment in order to preserve the District and the economic,
environmental and social livability of our neighborhoods. The approach adopted
involves a comprehensive set of protections:
Ordinance 3037 Historic Preservation
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1. Regulations adopted by this Ordinance concerning demolition and
redevelopment of historic structures including residences.
2. Regulations adopted by this Ordinance to prevent the situation where an
historic building is intentionally or by neglect allowed to become unsafe or
deteriorate to the point that demolition by neglect occurs.
3. The designation of residential buildings. in the National Historic Landmark
District (NHL.D) as historic and contributing to the District through
adoption of a map based on the 2009 "Landmark District Residential
Property Survey" (Ordinance 3036), and
4. Standards limiting bulk and scale limitations on development or re-
development of residences (Ordinance 3038).
F. Generally, the approach, similaz to protections against demolition of downtown
historic buildings adopted in 2004, prohibits demolition of historic structures.
Historic buildings, however, aze not "frozen in time." They may be altered,
remodeled, and adapted for re-use, so long as important historic characteristic of
the structure are preserved. An exception to the prohibition against demolition is
where the structure is so deteriorated as to be unsafe. Then demolition is allowed
out of safety considerations.
G. The City Council adopted interim Ordinances 2969, 2970 and 2971 on February
19, 2008, and left the Ordinances in place following a public hearing on Apri17,
2008. In so doing, the City Council concluded it was appropriate to adopt interim
regulations that provide for heightened review before demolition of historic
buildings including residences occurs, and for bulk and scale limitations, while
the City Council, a task force, the Planning Commission, and the Historic
Preservation Committee, reviewed the issue. and the City Council considered the
adoption of historic preservation regulations and bulk and scale limitations.
H. In addition to the public hearing on Apri17, 2008, the City Council held public
hearings on August 4, 2008, February 17, 2009, and October 5, 2009, and adopted
ordiruances extending the interim regulations.
I. The City Council formed an ad-hoc committee of citizens, and members of the
City Council, Planning Commission, Historic Preservation Committee, to develop
and recommend strategies to address teazdowns in the Historic District and
"mega-home" construction throughout the City. The ad hoc committee formed in
the fall of 2008, and met Oct. 14, 2008, Nov. 18, 2008, December 9, 2008, Jan.
13, 2009, Mazch 24, 2009, and April 14, 2009.
J. The Planning Commission has met on this matter on May 28, 2009, June 11,
2009, June 24, 2009, July 9, 2009, August 13, 2009, August 27, 2009, and
September 17, 2009.
Ordinance 3037 Historic Preservation
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K. The Planning Commission held public hearings on this Ordinance on January 28,
2010 and February 25, 2010.
L. The City Council held a public hearing on this matter on April 19, 2010 and June
7, 2010, and deliberated and took action on July 12, 2010 and July 19, 2010.
M. Regulations in this Ordinance that provide for heightened review before
demolition of historic buildings occurs, and the designation of historic homes by
map adopted in Ordinance 3036, are consistent with and implement, in part, the
City comprehensive plan, including Land Use Policy 15.4, which provides:
"Establish historic preservation guidelines in the zoning ordinance to govern
demolition of historic structures and walls more than 50 years old. Ensure that the
guidelines include a map and inventory which identifies all significant historic
structures in Port Townsend."
N. Heightened review prevents the loss of historic buildings and preserves the
architectural and historic fabric of the City, as well as contributing to economic
development. A recent report, "The Economic Benefits of Historic Preservation
in Washington State: Summary Report," Prepared for: Washington Department of
Archaeology and Historic Preservation by Matt Dadswell and William B. Beyers
(Nov. 2006), supports the economic benefits to the City from historic
preservation.
O. A decision that denies demolition where economically feasible uses exist is not a
"taking." The fact that regulations may impose costs, or prevent an owner from
obtaining the highest return (for example, by preventing demolition) does not
constitute a taking. "Mere regulation on the use of land has never constituted a
`taking' or a violation of due process under federal or state law." Presbytery v.
King County, 114 Wn. 2°d 320 (1990). Only if no economically viable return is
available does a "taking" occur. Under this Ordinance, demolition may be
allowed as a "reasonable use" where application of regulations would result in a
taking.
P. In Buttnick v. Seattle, 105 Wn. 2"d 857 (1986), the Washington Supreme Court
stated Seattle's preservation ordinance which required a building owner
conducting repairs to replace a "parapet" in a manner approximating the original
design, even though more costly to the owner, was valid and not a taking. The
building owner claimed that the requirement resulted in an unconstitutional taking
of his property. The state Supreme Court ruled that the estimated cost of
replacing the pazapet would not be an undue hazdship on the building owner,
considering the fair market value and income producing potential of the building.
The court rejected the owner's claim. Citing the United States Supreme Court in
Penn Cent. Transp. Co. v. New York, 438 U.S. 104 (1978), the Washington court
stated: "The [[J.S. Supreme] Court went on to observe it is `not in dispute' that
`States and cities may enact land use restrictions or controls to enhance the quality
of life by preserving the character and desirable aesthetic features of a city'."
Ordinance 3037 Historic Preservation
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In Conner v. Seattle, 153 Wn. App. 673 (2009), the Court of Appeals upheld
Seattle's historic preservation ordinance as constitutionally valid and not void for
vagueness where (like this Ordinance) it applied standards contained in the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitation Historic Buildings. ("Standards"), including the following:
New additions, exterior alterations, or related new conshuction shall
not destroy historic materials that chazacterize the property. The new
work shall be differentiated from the old and shall be compatible
with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment. (36 Code
of Federal Regulation, section 67.7(b)(9), italics added.)
Q. Historic neighborhoods can be protected in a variety of ways, and the approach
adopted in this Ordinance concerning demolition and redevelopment of historic
structures including residences, preventing demolition by neglect, the designation
of residential buildings in the National Historic Landmazk District (NI~D) as
historic and contributing to the District (Ordinance 3037), and standazds limiting
bulk and scale limitations (Ordinance 3038) involves a comprehensive approach
to protection.
R. The limitations on bulk and scale of alterations, new additions, or new
construction help preserve the historic and overall character of the District and
city neighborhoods.
S. Demolition ("teazdowns") of older, smaller homes in order to build larger
residences often occurs in neighborhoods with desirable characteristics that also
have experienced recent appreciation in the price of land. Areas with scenic
views, waterfront lots or other amenities may -because of perceived desirability
or physical characteristics -drive rising property values and the economic
conditions that support teazdowns. Homes built on teazdown lots are, quite often,
out of chazacter with the surrounding neighborhood; they are usually taller,
bulkier, and occupy much more of the lot than the torn-down home. While these
"mega-homes" that max-out lot coverage and the buildable envelope may make
economic sense on an individual basis, the impact on neighborhood chazacter as a
whole from a rising abundance ofinappropriately-designed homes will, over time,
negatively impact the quality and value of an entire neighborhood. This is
particulazly so within the NHLD,
T. The City of Port Townsend has both the physical and economic chazacteristics
that make teazdowns feasible, attractive and problematic. It has scenic views,
waterfront property, anationally-recognized historic district and (until recently)
rising land values. Although the current national economic slowdown has reduced
land values and delayed teazdowns in Port Townsend, it is likely that this is only a
temporary reprieve. When recovery in the housing mazket occurs, the issue will
Ordinance 3037 Historic Preservation
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likely become pressing once again, and it is in the long term interest of the
community to establish appropriate standazds now.
U. As older homes are demolished and replaced with dramatically larger, out-of--scale
new structures, the historic character of the existing neighborhood is changed
forever. Neighborhood livability is diminished as trees aze removed, backyards are
eliminated, and sunlight is blocked by new structures built up to the property
lines.
V. Community economic and social diversity is reduced as new out-of--scale
residences replace affordable homes.
W. To avoid out of scale development inconsistent with neighborhood livability and
the historic character of the NHLD and existing neighborhoods, bulk and scale
standards adopted in Ordinance 3038 would:
• Increase side-yard setbacks.
• Require conformance with a "daylight plane" for all structures.
• Require modulation on primary facades facing streets.
• Allow departure from daylight plane and modulation requirements through
Design Review.
• Allow departures from front setback requirements to match existing
neighborhood patterns.
X. The Purposes and Intent of PTMC 17.30.010 which are set forth in this Ordinance
are re-affirmed.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains
as follows:
SECTION 1. Amendment. Chapter 17.08 Definitions and 17.30 Historic
Overlay District -Design Review of the Port Townsend Municipal Code are amended
to read as follows (text in strikeout is deleted, text in underline is added):
See Attached Exhibit A (incorporated by reference)
SECTION 2. Addition to the Historic Preservation Design Guidelines and
Departures Manual.
The Historic Preservation Design Guidelines and Departures Manual is amended
to include a new section Design Guidelines for Residences, which shall include the
following guidelines (incorporated by reference).
Ordinance 3037 Historic Preservation
Page 6 of 6
See Attached Exhibit B. Design Guidelines and Departures for Historic
Residences.
SECTION 3. Repeal. This Ordinance repeals interim Ordinance 3031 that
provided for interim demolition standards and interim Ordinance 3033 that enacted an
interim downzone of R-III in the Historic Overlay District, as the matters those
Ordinances dealt with have been superceded by this Ordinance.
SECTION 4. Severability. If any provision of this ordinance or its application
to any person or circumstance is held invalid, the remainder of the ordinance, or the
application of the provision to other persons or circumstances, is not affected.
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this 19th day of July 2010.
Michelle Sandoval, Mayor
Attest:
Approved as to Form:
Pamela Kolacy, MMC, City Clerk /" John P. Watts, City Attorney
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 1 of 44
EXFIIBIT A
Port Townsend Municipal Code Chapter 17.30 (Historic Preservation) and Chapter
17.08 (Definitions).
Chapter 17.30
HISTORIC PRESERVATION CODE
Sections:
17.30.010 Purpose and intent.
17.30.015 Reasonable Use
Part One - Desip_n Review
17.30.020 Applicability -Exemptions.
17.30.030 Historic overlay district -Official map.
17.30.040 Historic overlay district -District and subdistrict boundaries.
17.30.050 Mandatory design review -Certificates of approval binding.
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17.30.070 Preapplication conference mandatory.
17.30.080 Application for certificate of approval.
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17.30.090 Timing of application submittals.
17.30.100 HPC process -Review and recommendation to director required.
17.30.110 Certificate of approval -Director's decision.
17.30.120 Issuance of certificate of approval -Effect on other permits or approvals.
17.30.130 Appeals.
17.30.140 Historic overlay district -Design standards.
17.30.150 Waterfront subdistrict -Additional design standards.
17.30.155 Uptown Commercial Subdistrict -Additional design standards.
17 30 158 Historic residential development -Additional design standards.
17.30.159 Historic residential departures.
17.30.160 Historic preservation design guidelines manual adopted -Purpose -
Administration.
1.7.30.170 Port Townsend historic district -Pivotal, primary and secondary buildings.
Part Two -Historic Place Designation.
17 30.200 Alternative Historic Place Desienation to the Port Townsend Re istg er of
Historic Places.
17 30.210 Nomination for Designatin¢ Properties to the Re ig ster.
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 2 of 44
17.30.220 HPC Process -Review and Recommendation to Director Required
17.30.230 Certificate of Desienation -Director's Decision
17.30.240 Appeals
17.30.250 Historic Place -Criteria for Determinine Desienation in the Register
17.30.260 Termination of Proceedings
17.30.270 Exemption from Permit Timelines
17.30.280 Requirement of Certificate of Approval
Part Three - Demolitoon Standards
17.30.300 Declaration of Purpose
17.30.310 Definitions
17.30 320 Certificates of Approval -Demolition
17.30 330 Preapplication Conference Mandatory
17.30.340 Application
17.30.350 Waiver -Advance Determination
17.30 360 Applications for Demolition
17.30.370 Criteria for A royal
17.30.380 Certificate of Annroval for Demolition -Conditions
17.30.390 Appeals
Part Four -Maintenance; Demolition by Neglect
17.30.400 Maintenance; Demolition by neglect.
Part One -Design Review
17.30.010 Purpose and intent.
The city council finds and declares as a matter of public policy that the preservation,
protection, and enhancement of buildings, structures and improvements of historical,
cultural, azchitectural, engineering, political, or social significance located within the Port
Townsend historic overlay district (the "overlay district") .and throughout the Citv are
required in the interest of the prosperity, civic pride and general welfare of the citizens of
the city. The city council further finds that the aesthetic, cultural and economic standing
of Port Townsend would be threatened by disregazding the heritage of the city and by
allowing the destruction or defacement of such buildings and structures. Accordingly, the
purposes of this chapter are to:
A. Preserve and protect the buildings and structures located in the overlay district that
reflect significant elements of the city's historical, cultural, architectural, engineering,
political, social or other heritage;
B. Foster knowledge and civic pride in the beauty, accomplishments, and living
heritage of the past;
C. Preserve and encourage harmonious azchitectural styles within the overlay district
that reflect the distinct phases of Port Townsend's history;
Exhibit A to Ordinance 3037
Ch. ]7.30 PTMC- Historic Preservation
Page 3 of 44
D. Promote the use of historic buildings and structures within the overlay district for
the economic prosperity, education, inspiration and general welfare of the people of the
city;
E. Promote and encourage continued ownership and use of historic buildings and
structures within the overlay district to further the objectives of this chapter;
F. Protect the attractiveness of Port Townsend to residents and visitors;
G. Assist, encourage and provide incentives to owners for preservation, restoration,
redevelopment and use of historic buildings, structures, objects and sites;
H. Promote and facilitate the early identification and resolution of conflicts between
the preservation of historic resources and alternative land uses;
L Conserve valuable material and energy resources by ongoing use and maintenance of
the existing built environment;
J. New development should foster a mix of businesses that serve the Port Townsend
community and others, and that provide living wages.
K. New development should provide an attractive pedestrian-oriented environment
free from intrusions unless they are consistent with design review, be constructed of
quality materials, reduce the impacts of off-site parking.
L. Implement the goals and policies of the Port Townsend Comprehensive Plan to
preserve the unique character, vitality and economic prosperity of the overlay district,
including the diversity and unique characteristics of the waterfront ~ and Uptown
subdistricts located therein and to "encourage the retention of sienificant historic and
cultural resources which foster community identity and pride.".
M. Amendments to this chapter may require corollary amendments to the city of Port
Townsend shoreline master program for consistency. (Ord. 2945 § 5.8, 2007; Ord. 2859
§ 4, 2004).
.17.30.015 Reasonable Use
I In no event shall the application of this Chanter be applied to prevent a reasonable
beneficial use or reasonable economic retum to the owner without the proposed
alteration, construction. removal or demolition.
2 An owner may amply to the director for modification of the requirements of this
Chapter on the basis that application of this Chapter would prevent a reasonable
beneficial use or reasonable economic return without the proposed alteration, relocation,
removal or demolition.
The application shall be processed as an application for certificate of approval pursuant to
PTMC 17 30 080 In addition an owner shall rorovide an explanation with supporting
evidence of how and why compliance with this Chapter would prevent a reasonable
beneficial use or reasonable economic return without the rororoosed alteration, relocation,
removal or demolition.
The Director may require information and documentation, including:
a. Nature of ownership
b. Financial resources of owner or parties in interest
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 4 of 44
c. Cost of repairs
d. Assessed value of the land and improvements
e. Debt service
f Any listing of the property for sale or rent, price asked, and offers received, if
any.
g. For income-producing property, itemized operating and maintenance
expenses and annual cash flow for previous two years.
3 The director may approve an exception and modify a requirement of this Chapter only
'when all of the following findings can be made:
a. The application of this Chapter would prevent a reasonable beneficial use or
reasonable economic return without the proposed alteration, relocation,
removal or demolition, and there is no viable or reasonable alternative which
would have less impact:
'b. The basis on which the application is made is not the result of actions by the
owner.
The Director shall take into account relevant factors, including: (1) if denial of the
rehabilitation• (3) the economic feasibility of rehabilitation or reuse of the existing
structure or improvement on the property in the case of proposed demolition• (4) the cost
of the proposed alteration relocation or demolition• and (5) if denial of the application
would result in a substantial decrease in the return to owners in the property.
5. Appeals of a decision of the director to grant, denx or attach conditions pursuant to
this Section shall be made in accordance with the appeal provisions set forth in Chapter
20 O I PTMC for Twe I-A decisions (administrative approval with appeal by applicant or
party of record to the hearing examiner) In making its decision on the appeal, the hearing
examiner shall accord substantial weieht to the decision of the director. In the event the
hearing examiner denies the appeal and affirms the decision of the director, the hearing
examiner shall adopt written findings of fact and conclusions in support of its decision. In
order to grant any anneal from the decision of the director, the heazine examiner must
find that the decision was cleazly erroneous or that the director failed to adhere to the
standards established by this Chapter.
Exhibit A to Ordinance 3037
Ch. 77.30 PTMC- HJS10r1C Preservation
Page 5 of 44
17.30.020 Applicability -Exemptions.
A. General Applicability. This chapter establishes a mandatory design review process
and criteria for certain types of development and municipal improvements within the
historic overlay district, as described in PTMC 17.30.040, including those subdistricts
that lie within the boundaries of the historic overlay district, and other historic structures
subject to the Chapter. Any development or municipal improvement subject to review
under this chapter shall be completed in full conformance with all design requirements
and conditions set forth in the certificate of approval issued by the director, following
review and consideration of the historic preservation committee's (HPC)
recommendations when required by this Chapter. The certificate of approval shall
constitute a Type I-A development permit under Chapter 20_01 PTMC (except as
otherwise specified in this Chapter), and shall be construed as a component of all final
land use permits issued by the city. Any additional development permit shall be issued
subject to, and conditioned upon, full compliance with the certificate of approval.
B. Specific Applicability. The requirements of this chapter shall apply to;
1. aAny development or municipal improvement that involves partial or
complete demolition, changing, altering, modifying remodeling, relocating, removing or
significantly affecting a property (the following is not exclusive):
a. Designated as an historic structure pursuant to Chapter 2.72 PTMC.
b. _Designated or that is eligible for designation as an historic structure pursuant
to this Chapter (whether inside or outside the Historic Overlay District)
c Listed on the local state or national list of historic places (whether inside or
outside the Historic Overlay District)
Exterior changes includes the application of exterior paint or the installation of exterior
mechanical system elements, subject to any administrative review provisions of the Port
Townsend historic preservation standards manual, as described in PTMC ].7.30.160;
2. Involves the erection of any new sign, or the removal or substantial alteration
of any existing sign, within the waterfront or Uptown commercial subdistricts tka~-ke
lying within the boundaries of the historic overlay district, subject to any administrative
review provisions of the Port Townsend historic preservation standards manual, as
described in PTMC 17.30.160.
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ExhibitA to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 6 of 44
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C. Exemptions. The requirements of this chapter shall not apply to any development
or municipal improvement that involves the following; provided, prior to undertaking any
activity listed below, required building permits or other approvals shall first be obtained:
1. T«"~Demolition of any church or other structure that is actively
used for religious purposes; provided, that the project proponent demonstrates that
demolition of the existing structure is necessary in order to afford reasonable use of the
subject property for religious-related purposes;
2. Is not designated or is not eligible for designation as an historic place
pursuant to this Chapter. r 1 a ,,• ,. D rr n_ D TTT ~ ...7:..t«:..+.. ,.F +l.e 1.: ~+,...:..
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3. ~~Onl~interior building construction, maintenance, remodeling and
decoration activities;
4. T«••~.~~eEmergency repairs of buildings, structures and improvements;
provided (a) that a waiver of design review has first been obtained from the director,
subject to such conditions as the director determines appropriate based on the emergency,
and based on the requirements of this chapter; (b) such repairs shall be strictly limited to
correcting emergency conditions; and (c) that after cessation of the emergency condition,
all permanent installations shall be subject to design review and approval under this
chapter;
5. Iuv~es-eOrdinary (i.e., nonemergency) maintenance and repair activities
including the repair and/or replacement of residential building foundations provided such
repair/replacement does not sienificantly increase overall building height and; provided
(a) that a waiver of design review has first been obtained from the director, and (b) all
applicable code requirements are met, including criteria for buildings subject to review
under this chapter.
6. Residential construction that does not require a building~ermit (for
example painting landscaping fences under 6 feet artwork azbors minor repairs
r~lacing a broken glass in a window, replacing a door, etc.)
7. All new construction, building alteration and/or demolition of any
structure at Fort Worden State Pazk.
D. Controlling Effect of Chapter. This chapter supplements other building and land
use regulations and codes of the city for which permits and approvals may be required,
including but not limited to building code, fire code, shorelines regulations, energy code,
accessibility code, and sign code. Where this chapter is in conflict with any other building
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 7 of 44
or land use regulation or code, then to the extent permitted by law the provisions of this
chapter shall apply. (Ord. 2869 § 1, 2004; Ord. 2859 § 4, 2004).
17.30.030 Historic overlay district -Official map.
The locations and boundaries of the historic overlay district, including the Uptown
commercial and waterfront subdistricts located therein, shall be as shown on the map,
entitled "Historic Overlay District, Port Townsend, Washington." The map and all the
notations, references, and amendments thereto and other information shown thereon are
hereby made a pazt of this chapter, just as if such information were fully described and
set forth herein. In the case of any conflict between the map and the text of this chapter,
the text of this chapter shall prevail. The map shall be kept on file in the office of the city
clerk, and also be available for inspection by the public at the development services
department. (Ord. 2892 § 1, 2005; Ord. 2859 § 4, 2004).
17.30.040 Historic overlay district -District and subdistrict boundaries.
The boundaries of the district and subdistricts regulated under this chapter aze
described as follows:
A. Historic Overlay District. That portion of the city of Port Townsend
encompassing the area nominated to the National Register of Historic Places on April 19,
1976, and those portions of the C-III, historic commercial zoning district lying outside
the area nominated to the National Register of Historic Places, the boundaries of which
are more particularly described as: Beginning at Port Townsend Bay in a northwesterly
direction co-linear with Harrison Street and continuing to Water Street, then southwest
along Water Street to Van Buren Street, then northwest along Van Buren Street to its
intersection with the edge of the bluff, then following the bluff towazd the southwest to
the vacated Scott Street right-of--way, along that vacated right-of--way to its intersection
with 3efferson Street, southwest along Jefferson one-half block then 90 degrees to the
northwest along a line parallel to Scott Street continuing to Lawrence Street, northeast
along Lawrence to Walker Street, northwest along Walker to Blaine Street, northeast
along Blaine to Van Buren Street, southeast along Van Buren to Garfield Street, northeast
along Garfield to Harrison Street, northwest along Harrison to Chestnut Street, north
along Chestnut to F Street, east along F to Oak Street, north along Oak to Taft Street,
along Taft to a point midblock between Adams and Quincy Streets, then 90 degrees to the
northwest along a line parallel to Quincy then 90 degrees to the northeast taking in the
property at the west corner of Quincy and Taft Streets, retuning along Quincy to Taft and
continuing along Taft Street northeast to Admiralty Inlet.
B. Historic Overlay District -Waterfront Subdistrict -Generally. That area of the
city of Port Townsend lying within the historic overlay district and more particularly
described as:
Beginning at Port Townsend Bay in a northwesterly direction co-lineaz with Harrison
Street and continuing to Water Street, then southwest along Water Street to Van Buren
Street, then northwest along Van Buren Street to its intersection with the edge of the
bluff, then following the top of the bluff towazd the northeast to its intersection with
Lincoln Street, then northeast along Lincoln Street to Admiralty Inlet.
C. Historic Overlay District -Specific Subdistricts. The specific subdistricts lying
within the historic overlay district are more particularly described as follows:
Exhibit A to Ordinance 3037
Ch. 17.30 PTMG Historic Preservation
Page 8 of 44
1. Ferry Retail Subdistrict: Beginning at Port Townsend Bay in a
northwesterly direction co-linear with Harrison Street and continuing to Water Street,
then southwest along Water Street to Van Buren Street, then northwest along Van Buren
Street to its intersection with the edge of the bluff, then following the edge of the bluff
toward the northeast to its intersection with Polk Street, then southeast along Polk Street
to Water Street, then northeast along Water Street to a point midblock between Polk
Street and Tyler Street, then 90 degrees to the southeast to Port Townsend Bay.
2. Historic Commercial Subdistrict: Beginning at Port Townsend Bay in a
northwesterly direction co-linear with a point located on Water Street midblock between
Polk and Tyler Streets, then west along Water Street to Polk Street, then northwest along
Polk Street to the edge of the bluff along Washington Street, then following the edge of
the bluff toward the northeast to its intersection with Quincy Street, then southeast along
Quincy Street to Washington Street, then northeast along Washington Street to Madison
Street, then southeast along Madison Street to Water Street, then southwest along Water
Street to a point midblock between Madison and Quincy Streets, then southeast along the
line separating Lot 4 from Lot 6 of Block 6 of the Original Townsite of Port Townsend,
then southwest along a line parallel to the line sepazafing Lots 5 and 7 from Lots 6 and 8
of Block 6 of the Original Townsite of Port Townsend to the western edge of the Quincy
Street right-of--way, then southeast along the western edge of the Quincy Street right-of-
way to Port Townsend Bay.
3. Civic Subdistrict: Beginning at Port Townsend Bay in a northwesterly
direction co-lineaz with the western limit of the Quincy Street right-of--way to a point
midblock between the vacated Front Street right-of--way and Water Street, then northeast
along a line pazallel to the line sepazating Lots 5 and 7 from Lots 6 and 8 of Block 6 of
the Original Townsite of Port Townsend to its intersection with the line sepazating Lot 4
from Lot 6 of Block 6 of the Original Townsite of Port Townsend, then northwest along
the line sepazating Lot 4 from Lot 6 of Block 6 of the Original Townsite of Port
Townsend to Water Street, then northeast along Water Street to Madison Street, then
northwest along Madison Street to Washington Street, then southwest along Washington
Street to Quincy Street, then northwest along Quincy Street to the edge of the bluff, then
northeast along the edge of the bluff to its intersection with Monroe Street, then southeast
along Monroe Street to Port Townsend Bay.
4. Point Hudson Marina Subdistrict: Beginning at Port Townsend Bay in a
northwesterly direction co-linear with Monroe Street and continuing to the edge of the
bluff, then following the edge of the bluff towazd the northeast to its intersection with
Lincoln Street, then northeast along Lincoln Street to Admiralty Inlet.
5. Uptown Commercial Subdistrict: (Reserved). That area of C-III zoning
within the Historic Overlay District roughly lying on each side of Lawrence Street
between Van Buren and Taylor Street, more particularly described as follows: The North
of Blocks 132, 133 and 134 and all of Block 135 of the Original Townsite of Port
Townsend together with the South 1/2 of Block 1 of Plummer's Addition to the City of
Port Townsend. Also that azea lying south of the following line: Beginning at mid-block
on the west line Block 1, Plummer's Addition thence westerly along a line more or less
parallel to Lawrence Street, ending at the City Library property. (Ord. 2859 § 4, 2004).
17.30.050 Mandatory design review -Certificates of approval binding.
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 9 of 44
A. HPC Review and Director's Certificate of Approval. Unless exempted by this
chapter (see PTMC 17.30.020), no development or ieipel improvement regulated
under this chapter may be initiated without design review and (as required by this
Cha ter recommendation by the historic preservation committee (HPC) and issuance of
a certificate of approval by the director except, as provided by this section, minor
alterations are administratively reviewed and apQroved by the director without HPC
review and recommendation. Designn review for alterations and chances to secondary
residential structures requires a certificate of approval, but does not require HPC
recommendation.
B Minor Alterations. Minor alterations that are administratively approved include:
1 Repairs or restoration of historic features or elements.
2. Changes in roofmg material.
3 Replacement in kind (or substantially in kindl of windows using the same or
similar sash and pane confieuration, including use of compatible substitute
materials.
4. New railings.
5 Americans with Disabilities Act (ADA) accommodations.
6. Fences.
7. Garases and outbuildinss.
8 New additions less than 300 square feet in size on non-primary facades
Nothing~revents the director from obtainine HPC recommendation on the proposed
minor alteration and/or workine with HPC to establish suidelines to implement
exception of demolition or partial demolition maybe performed administratively by the
DSD Director without consultation and recommendation by the HPC.
Dlr. Modification of HPC Recommendations. Based upon the information provided by
the applicant and developed by HPC, and based further upon any formally adopted city
code, plans and policies as may be applicable, the director has the authority to modify the
recommendation of the HPC. If the director modifies a recommendation, it shall be for
good cause set forth in writing, and the director shall promptly notify HPC of any
modification.
EE. Limitations on Permits. No city permits or approvals shall be issued for any
development or municipal improvement regulated under this chapter absent issuance of a
certificate of approval by the director.
RB. Certificate of Approval Binding Upon Applicant. Upon issuance by the director,
the conditions attached to the certificate of approval shall become binding upon the
applicant and any agent or representative of the applicant for applications within the
historic overlay district.
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GE. SEPA Authority. In addition to the requirements of this section, the city retains
substantive authority under the State Environmental Policy Act (Chapter 43.21C RCVi~
to review, condition or deny any proposed development or municipal improvement based
Exhibit A to Ordinance 3037
Ch. 17.30 PTMG Historic Preservation
Page 10 of 44
upon the identification of probable, significant adverse environmental impacts of the
proposal. (Ord. 2859 § 4, 2004).
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17.30.070 Preapplication conference mandatory.
All applications for design review and a certificate of approval under this chapter that
involve ,new
construction or a new addition to an existing building shall not be accepted by the
director unless the project proponent has scheduled and attended a preapplication
conference with development services department staff and a representative of the HPC
(except for alterations or chances to Secondazv residential, which do not require HPC
review and recommendation). The purpose of the preapplication conference is to acquaint
the project proponent with the requirements of this chapter and to provide preliminary
comments on the acceptability of the proposed design. (Ord. 2892 § 1, 2005; Ord. 2859
§ 4, 2004).
17.30.080 Application for certificate of approval.
A. Filing. Application for a certificate of approval shall be made by filing an
application for such certificate with the development services department.
B. General Application Submittal Requirements. To be considered complete, an
application for a certificate of approval under this chapter shall include the following:
1. A completed application on a form prescribed by the development services
department, prepazed in consultation with the HPC, accompanied by a site plan showing
the location of the building or buildings, parking, exterior lighting, signs and landscaping,
exterior elevations of the front, rear and side of the building or other improvements with a
description of the type and fmished color' of exterior siding, signage, exterior hardware,
windows and roofing to be used.
2. Detailed drawings of architectural features, signs and trim; and "as is"
photographs of the subject building or site and adjacent structures.
3. All diagrams, drawings and plans shall be drawn to scale. The HPC may request
additional information necessary for their review and recommendation.
4. Evidence that the application is made by or on behalf of the owner.
The DSD director may limit the submittal requirements to only those necessary for
review of the proposal. (Ord. 2892 § 1, 2005; Ord. 2859 § 4, 2004).
17.30.085 Demolition standards.
17.30.090 Timing of application submittals.
Exhibit A 1o Ordinance 3037
Ch. 17.30 PTMC Historic Preservaaioa
Page II of 44
Immediately upon issuance of a determination of completeness for any permits
required under any other chapters of this title, an environmental determination under
PTMC Title 19, or a substantial development permit under the Port Townsend shoreline
master program, an applicant for a development or municipal improvement regulated
under this chapter shall submit an application for design review and certificate of
approval. All such submittals shall be made at least 60 days prior to the first hearing of
the heazings body conducting any open record public hearing on the proposed
development. (Ord. 2859 § 4, 2004).
17.30.100 HPC process -Review and recommendation to director required.
This section avnlies to completed annlications for a certificate of approval except: it does
not apply to completed applications for a certificate of approval alterations or chances to
Secondary residential structures which do not require HPC review and recommendation.
A. Director's Responsibilities. Upon receipt of a completed application for a certificate
of approval, the director shall:
1. Inform the applicant of the review requirements;
2. Report receipt of the application to the HPC and forward the application to its
members;
3. Assist the HPC in considering the design guidelines, building, zoning, shoreline,
sign and fire code and other regulatory requirements which may apply to the proposed
development or municipal improvement; and
4. Refrain from issuing any building permit prior to issuance of a certificate of
approval for the proposed development or municipal improvement, which shall occur
only after consideration of the HPC's findings, conclusions and recommendation.
B. HPC Meeting Required. The director, in consultation with the HPC, shall set a
public meeting time and place as soon as possible to review the application according to
the design review standards established in this chapter. The director shall request the
applicant, and any design professionals assisting the applicant, to attend the meeting. If
the applicant, or the applicant's representative responsible for project design, fails to
attend the meeting, an alternate meeting shall be scheduled by the HPC within 30 days of
the initial meeting, and the director shall provide the applicant with written notification of
the continued meeting; provided, that in such event, the duration of time between the
originally scheduled meeting and the continued meeting shall be considered time
necessary for the city to obtain additional information on the application, in accordance
with PTMC 20.01.110. In the event the applicant fails to attend the continued meeting,
the director, upon providing written notification to the applicant of the continued
meeting, shall determine the application to be abandoned and withdrawn. Where the
director deems an application to be abandoned and withdrawn, no permits shall be issued
by the city on the project unless and until the applicant has applied anew for design
review and obtained a certificate of approval under this chapter.
C. Additional HPC Meetings. The HPC, in coordination with the applicant, may
schedule additional meetings as it may find necessary and desirable to complete its
review and formulate findings, conclusions and recommendations for the advice of the
Exhibit A to Ordinance 3037
Ch, 17.30 PTMC- Historic Preservation
Page 12 oJ44
director. The HPC may; in the execution of its review, assign any portion of the review of
any application to any member or subcommittee of the HPC; provided, that the vote
approving the findings, conclusions and recommendation regarding the application for
the certificate of approval shall be made by a majority vote of a quorum of the HPC.
D. Phased Review. Upon approval of the DSD director, applications may be processed
in phases; provided however, that phased review shall only be allowed if review of
phases provides adequate review of the project.
E. HPC Recommendations -Contents. When the HPC has completed its review, it
shall forwadd its findings, conclusions and recommendation to the director.
1. The HPC's recommendation shall include, but not necessazily be limited to, the
following information: the name of the applicant; the date the recommendation is issued;
the location of the proposed development or municipal improvement; a brief nazrative
description of the development or municipal improvement; specific reference to any and
all plans submitted by the applicant showing, if applicable, the design which the HPC has
found to be consistent with adopted design standards; a statement as to whether or not the
HPC finds the proposed development or municipal improvement to be contributing or not
contributing to the historic overlay district and specific -°, subdistrict in which it
is located, if applicable; and any and all specific design elements and/or conditions of
approval recommended by the HPC. The HPC shall also document any voluntazy
revisions that the applicant has made as a result of the HPC review.
2. In the event the HPC recommends that the director attach conditions upon the
certificate of approval that have not been agreed to by the applicant, or in the event that
the HPC recommends denial of the application, the HPC's transmittal to the director shall
include detailed findings and conclusions supporting the recommended conditions or
denial, with specific reference made to the formally adopted design standazds supporting
the recommendation. For the purpose of this chapter, plans, policies, rules and design
guidelines are "formally adopted" when adopted by ordinance of the Port Townsend city
council, or incorporated by reference within an ordinance of the city council.
3. Upon approval of HPC, HPC may appoint a subcommittee of its members to
provide recommendation on matters involving clazifications of HPC recommendations, or
minor issues or matters that are not inconsistent with HPC recommendations.
F. Time Limit for HPC Review and Recommendation. Unless an extension is
authorized by the applicant, the HPC shall complete its review and forward its findings,
conclusions and recommendation to the director within 45 days of receipt of a• complete
application for a certificate of approval, consistent with PTMC 20.01.120. In the event
that the HPC fails to issue its recommendation within such period, the director shall issue
a certificate of approval without the recommendation of the HPC. (Ord. 2892 § 1, 2005;
Ord. 2859 § 4, 2004).
G. An applicant may make a written request to submit an application for a certificate
of approval for a preliminary design of a project if the applicant waives in writing the
deadline for a decision on the subsequent phase or phases of the project, and anv
deadlines for decisions on related permit applications under review by the Department,
and the applicant aerees in writine that the director decision on the preliminazy design is
immediately appealable by the applicant or anv interested person of record. To be
complete, an application for a certificate of approval for a preliminary design must
include information sufficient for review. A certificate of approval that is granted for a
Exhdbit A to Ordinance 3037
Ch. 17.30 PTMC- Hdsdoric Preservation
Page 73 of 44
preliminary design shall be conditioned upon subsequent submittal of the final design
which shall be substantially consistent with the approved prelirninary design.
17.3D.110 Certificate of approval -Director's decision.
A. Director's Written Decision. Upon their receipt, the director shall deliberate upon
the HPC's findings, conclusions and recommendations, according great weight to the
same. The director shall then issue a written decision granting, granting with conditions,
or denying a certificate of approval based upon the HPC's recommendations when
re uired ,and shall provide a copy of the decision to the applicant not later than 14 days
after receipt of the HPC's recommendation when required).
B. Certificate of Approval -Contents. The certificate of approval issued by the
director shall include, at a minimum, the information contained within the HPC's
findings, conclusions and recommendation (when required), shall plainly state whether
the HPC's recommendations are approved with, or without, modifications and shall
include a finding or findings that the decision is based upon formally adopted design
standards and/or the voluntary agreement of the applicant. The director may request that
the applicant sign the certificate acknowledging that the applicant agrees to accept the
conditions of approval. (Ord. 2859 § 4, 2004).
C Certificate of Approval -Effect If Alteration Results in Residential Re-
classification To avoid penalizing_an owner of a residence from undertaking alterations
that result in an up_Qrade to the classification of the residence, a certificate of approval for
a residence shall provide that a future alteration applied for within ten (10) veazs from
the issuance of the certificate of approval would be reviewed based on the residence's
classification before the alteration for which the certificate is issued: Provided, this only
applies if the owner has not received special valuation or other monetazv benefits in
connection with the alterations associated with the certificate of approval. The director
may document this provision by notice to title. Nothing_prevents anowner, who has not
received special valuation or other monetary benefits associated with the certificate of
approval in connection with the alterations, from executing a covenant that declazes the
owner's acceptance of an upgrade to the classification of the residence and waiving the
provisions of this subsection C.
For example an owner of a secondazy residence upgrades the residence which results
in the residence now being classified as primary A future alteration (for example an
addition) applied for within ten (10) years would be reviewed as if the residence was
secondar~(allowing more latitude than if the residence were primary), so lone as the
owner had not received special valuation or other monetary benefits in connection with
the alterations associated with the certificate of approval.
17.30.120 Issuance of certificate of approval -Effect on other permits or approvals.
A. Issuance of a certificate of approval by the director does not constitute or imply
approval of any other permit or approval which may be required for the development. For
Type II and Type III applications requiring design review and issuance of a certificate of
approval in accordance with this chapter, the certificate of approval shall be included in
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 14 of 44
the staff report and recommendation transmitted to the decisionrnaker or hearing body
pursuant to PTMC 20.01.220. Upon approval by the designated decisionrnaker or hearing
body, the certificate of approval issued by the director shall be incorporated by reference
within, and constitute a component of the conditions and requirements of any other
permit issued by the city.
B. No provision of this chapter shall be interpreted as limiting the authority of the
heazing body or decisionmaking body to impose conditions as authorized elsewhere in
this title, or in accordance with any formally adopted plans, regulations or policies of the
city, including but not limited to PTMC Title 19, Environmental Protection.
C. Any development or municipal improvements subject to the provisions set forth in
this chapter shall also be subject to the use, bulk, dimensional and density requirements
contained elsewhere in this title, all other applicable provision of this title, and any other
applicable provisions of state or local laws, rules, regulations or ordinances.
D. Nothing in this chapter shall be construed as delegating either the HPC or its
committees with any quasi judicial, executive or legislative power, authority or
responsibility. (Ord. 2859 § 4, 2004).
17.30.130 Appeals.
A. Process. Appeals of a decision of the director to grant, deny, or attach conditions to
a certificate of approval shall be made in accordance with the appeal provisions set forth
in Chapter 20101 PTMC for Type I-A decisions (administrative approval, with appeal by
applicant or party of record to the hearing examiner).
B. Standard of Review. In making its decision on the appeal, the hearing examiner
shall accord substantial weight to the decision of the director. In the event the heazing
examiner denies the appeal and affirms the decision of the director, the hearing examiner
shall adopt written findings of fact and conclusions in support of its decision. In order to
grant any appeal from the decision of the director, the hearing examiner must find that the
decision was clearly erroneous or that the director failed to adhere to the design standards
established by this chapter. (Ord. 2859 § 4, 2004).
17.30.140 Historic overlay district and Historic Places- Design standards.
In reviewing development or municipal improvements subject to this chapter, the HPC
and the director shall apply, and development or improvements construction shall follow
and conform with the following standazds, as applicable:
A. The Secretary of the Interior's "Standazds for the Treatment of Historic Properties,
with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic
Buildings" (1995), including all amendments;
B The Secretary of the Interior's "Standazds for Rehabilitation and Illustrated
Guidelines for Rehabilitative Historic Buildings" (1997, includine all amendments:
CI4. Developments or municipal improvements regulated by this chapter that are
located in the downtown historic commercial C-III district should also be subject to the
guidelines contained in "Water Street Historic District: A Field Report of the National
Trust for Historic Preservation," reprinted in 1977;
DE. The waterfront subdistrict design review standards set forth in PTMC 17.30.150;
Eli The Uytown Commercial subdistrict guidelines set forth in PTMC 17.30.155:
F. The historic residential design Quidelines as set forth in PTMC 17.30.158; and
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC Hisdosic Preservadion
Page IS of 44
Gli. The standazds, where applicable, that are contained within the historic
preservation design guidelines manual adopted pursuant to PTMC 17.30.160. (Ord. 2871
§ 2, 2004; Ord. 2859 § 4, 2004).
17.30.150 Waterfront subdistrict -Additional design standards.
In its review of development or municipal improvements occurring within the
waterfront subdistrict of the historic overlay district, the HPC and the director shall apply
the following design standards in addition to those set forth in PTMC 17.30.140.
A. General Standazds.
1. City Form.
a. Designs should acknowledge the role of the shoreline and the bluff as the
traditional determinants of the form of the city's development by preserving and
continuing the linear organization of the city between the shoreline and the bluff.
b. Designs should assist the redirection of the city's focus to the waterfront by
enhancing public access to the waterfront, creating public open spaces oriented to the
waterfront,. and encouraging waterfront uses and activities which are consistent with the
carrying capacities of the aquatic environment.
c. New buildings or redeveloped buildings shall preserve and enhance the city's
pyramidal form through compliance with the special height overlay district regulations
set forth in Chapter 17_28 PTMC.
d. New development or redevelopment shall follow and enhance the unique
character of its environs through compliance with the design standards set forth for the
specific waterfront subdistricts set forth in subsection B of this section.
e. New development should recognize the city's historic architectural heritage
through the use of building materials, construction methods, building proportions and
architectural devices compatible with those used in existing buildings, but should not
attempt to replicate existing historical buildings.
f. In the development of streets and parking azeas, functional requirements for
vehiculaz movement and pazking should not compromise the safety of or inhibit the
movement of pedestrians. Streets should have easy and well-mazked pedestrian crossings.
Parking lots should be small, incremental, well-lit and secure. Pedestrian movement
should be enhanced through the location of landscaping, lighting and signage.
2. City Connections.
a. Property owners aze encoaraged to make available areas within and around
developments where monuments and markers can be established by the city to
commemorate historic people and events, mazk places of urban celebration, and give
visual orientation to users of the city.
b. Designs shall protect views of the water and the bluff through compliance
with the shoreline master program, the special height overlay district regulations set forth
in Chapter 17_28 PTMC, and other design standards established pursuant to this chapter.
c. Any new development or redevelopment of properties adjacent to the shoreline
shall comply with the policies and performance standards of the shoreline master
program and the Washington State Department of Ecology Shorelands and Coastal Zone
Management Program Shoreline Public Access Handbook, relating to visual and
pedestrian access to and along the waterfront. In furtherance of those policies, public
access to and along the waterfront should be coordinated and linked with other public
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 16 of 44
access to create a continuous public walkway along the waterfront described in the plan
as the "Waterwalk."
d. Designs should include and incorporate visual and physical connections
between pedestrian spaces and public access areas which encourage easy and inviting
movement between adjoining spaces. Designs should incorporate views through
developments, where feasible.
e. Any redevelopment of existing public rights-of--way and public access
connections along the bluff line should preserve, create and enhance vehiculaz and
pedestrian connections between the downtown and uptown azeas of the city. Where these
conflict, pedestrian considerations should prevail.
3. Civic Spaces.
a. Streets should be designed to function as public open spaces bordered by
buildings, in addition to facilitating traffic movement. Buildings should be designed to
enhance the pedestrian experience through the use of such features as building
articulation (i.e., variations in building materials, surface texture, windows, doors,
porches and other facade features), landscaping, lighting and signage without
encumbering the efficient movement and pazking of vehicles.
b. Development at street intersections should enhance intersections in ways that
extend beyond functional needs through the location of building entries and the
incorporation of building details, street lighting, landscaping and signage which respect
and conform to the character of existing structures at the intersection.
c. Designs are encouraged to make natural azeas and open space accessible to the
public in ways that do not destroy or endanger wildlife habitats or water quality. Designs
should utilize lighting, furniture and landscaping in a way that natural areas and open
spaces can be used in a safe and secure manner. Where possible through public/private
partnerships, vacant lots within the city, until developed, should be made available as
parks and courtyazds which are accessible to citizens and visitors.
d. Open spaces and enclosed or sheltered public spaces should be designed to be
flexible and to accommodate a variety of functions, including both organized use, such as
outdoor concerts and group gatherings, and casual use.
e. Public open spaces created within the urban waterfront area should incorporate
appropriate landscape and handscape elements in accordance with the character of the
subdistrict and the natural environment within which the development is being designed.
f Street furniture, lighting and signage should be designed in accordance with
the character and predominant theme of the subdistrict in which it is located.
4. New Buildings.
a. New construction should preserve and continue the traditional block
development pattern of the city by creating buildings that follow in scale and proportion
the traditional modularity of existing block faces with buildings constructed to street
property lines and main access from the street. In areas immediately adjacent to
traditional blocks where the traditional block pattern has not been followed, new
development and redevelopment should be designed with the same scale and proportions
as would be found within the traditional block pattern with buildings constructed to the
property line and main access from the street.
b. New structures built between or among existing structures should reflect the
principles of design of the surrounding buildings in proportion, composition and detail.
Exhibit A to Ordinance 3037
Ch. 17.30 PTMG Historic Preservation
Page 77 of 44
To accomplish these goals, building designs should adhere to the following: proportions
of the facade should be similar to those of adjacent buildings; existing cornice lines
should be continued; storefronts should be aligned; and windows, storefronts and other
openings should be in the same proportions as those of adjacent buildings both on upper
and ground floor levels.
c. Design facades for new buildings should build on the qualities of existing
facades with predominant attention given to the design integrity of the vertical wall.
d. Designs which incorporate artificial or synthetic decorative detail to replicate
historic precedent are discouraged, while designs which utilize traditional materials and
craftsmanship to create the same quality and detail that is fundamental to the historic
buildings of the district are encouraged.
e. In new development or redevelopment building materials should be limited to
those predominant materials used in the existing structures within the particular
subdistrict as defined in PTMC 17.30.040. Synthetic or artificial materials aze
discouraged in exterior applications.
5. New Additions to Existing Buildings.
a. New additions to existing buildings should be designed first to fit the context
of the existing building to which they are attached and secondly into the block within
which they aze built.
b. New additions to existing buildings should be good "background" additions,
which respect and support the existing structure, rather than an "image" addition, which
would depart significantly in architectural style.
c. New additions to existing buildings should preserve significant historic
materials and features by avoiding construction on a primary or other character-defining
elevation. The loss of historic material comprising external walls, internal partitions and
floor plans should be minimized.
d. New additions to historic buildings should be compatible with the size, scale,
massing and proportion of the historic building to ensure that the historic form is not
expanded or changed to an unacceptable degree. Where possible, new additions should be
placed on an inconspicuous side or rear elevation so that the new work does not result in
a radical change to the form and character of the historic building. New additions,
including additional stories, should be set back from the wall plane or roof line to
preserve the historic building's form and to allow the new work to be distinguished from
the existing.
e. New additions to historic buildings should be designed in a manner that
provides some differentiation in material, color, and detailing so that the new work does
not appear to be part of the historic building. The character of the historic resource should
be identifiable after the addition is constructed.
B. Specific Subdistrict Standazds.
1. Ferry Retail Subdistrict.
a. New development should ac-knowledge and continue the continuity of the
street facade and the predominance of ground level street-front retail bays along Water
Street and enclose or otherwise conceal parking facilities.
b. Street landscaping shall be similar to existing landscaping on other areas of
Water Street, including the planting of trees. Landscaping shall be used along the
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page I8 of 44
waterfront to screen utility structures, such as dumpsters, oil tanks, and service entrances,
from public view.
c. Towers of no larger than 100 square feet in plan may exceed the building
height limit by a maximum of 10 feet; provided, that no building shall exceed a total of
50 feet.
d. Brick and sheathing materials used in all new constmction shall be compatible
in color, texture and size with materials used in existing structures within the adjacent
azeas of the historic overlay district.
e. Building color, signage, lighting and landscaping shall be compatible with,
and similaz to, those of existing stmctures within adjacent areas of the historic overlay
district.
f. Designs should encourage and facilitate public access on the water-side of the
ferry retail district.
g. New development shall provide a similar block pattern as found in the
adjacent areas of the historic overlay district. Buildings should be built to the property
line along the following view corridors: Water Street; Polk Street; Fillmore Street;
Harrison Street; and Van Buren Street. Elements occurring in public rights-of--way, such
as signs, fountains and monuments, shall be low in form with vertical elements limited to
slender obelisks.
2. Historic Commercial District.
a. Designs which provide water access, walkways and other water-side
improvements are encouraged.
b. Designs should preserve and restore public art and historic signage and art on
existing buildings.
c. Towers of up to 100 square feet in plan may exceed the height limit by 10 feet,
excluding finials or other azchitectural features of not more than five feet; provided, that
no building shall exceed a total of 50 feet.
3. Civic District.
a. Streetscape design shall comply with the Streetscape Design/Main Street
Project Manual adopted January 17, 1989, by Ordinance 2143, including any
amendments.
b. Brick that is compatible in color, texture and size with brick used in existing
structures in this subdistrict should be the dominant building material used in any future
construction.
c. Designs should protect the view corridors along the Water Street axis to Point
Hudson and the Madison Street axis from Memorial Field to the City Dock through
compliance with the height restrictions set forth in Chapter 17_28 PTMC. Buildings
framing these view con•idors aze encouraged to be built to the street property lines.
Elements occurring in public rights-of--way, such as signs, fountains and monuments,
should be low in form with vertical elements limited to slender obelisks.
d. City Hall should remain the dominant feature of the cityscape in this
subdistrict. No building shall be erected in this subdistrict that is greater in height than
City Hall. Buildings adjacent to or adjoining City Hall shall be of lower height and
building facades shall be designed with less detail and ornamentation than City Hall to
defer to the architectural significance of City Hall. Buildings connected to City Hall shall
Exhibit A to Ordinaace 3037
Ch. 1130 PTMG Historie Preservation
Page 19 oJ44
not directly abut City Hall at the street property line, but shall be set back at least five feet
from the property line for a length of at least five feet.
4. Point Hudson Marina District.
a. New development or redevelopment should be compatible in style, height,
size, proportions and material used with the former Coast Guard and shipyard buildings
in this subdistrict. However, new developments are also encouraged to provide a
transition to the civic district and the historic commercial district by incorporating
features of those subdistricts, such as building materials and construction styles in the
design.
b. Buildings more than 30 feet in length or width shall be designed to give the
appearance of groups of small buildings by vazying building height, massing, setbacks,
and facade features, such as windows and doors, every 30 feet along the length of the
building.
c. Towers of up to 100 square feet may exceed the height limit by 10 feet;
provided, that no building shall exceed a total of 50 feet.
d. Public access to and along the shoreline is encouraged in all new development
in this subdistrict.
e. Mixed use projects incorporating both water-dependent and water-related uses
as those terms aze defined in the plan are strongly encouraged.
£ New parking facilities and additional roads should be minimized.
17.30.155 Uptown Commercial Subdistrict -Additional design standards.
In its review of development or municipal improvements occurring within the Uptown
Commercial Subdistrict of the historic overlay district, the HPC and the director shall
apply the following design standards in addition to those set forth in PTMC 17.30.140.
A. Uptown Form.
1. New development in the Uptown Commercial Subdistrict should assist in
promoting the city's objectives to encourage economically-viable multi-story
development, to foster additional housing in Uptown, and to minimize negative impacts
of commercial development on adjacent single-family residences.
2. New development or redevelopment shall follow and enhance the unique
.character of Uptown through compliance with the design standards set forth for the
Uptown Commercial Subdistrict. Redevelopment and/or additions of to existing
buildings shall follow these guidelines, and the Secretary of Interior's "Standazds for
Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings" (1997,
including all amendments ^°~:b. n..:,7e .:...........7 .1., ;; .:a°~~` ''~~.,"'°"~~ c " "''''_°"°:""
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3. New development or redevelopment must demonstrate that the proposal
reflects the Uptown C-III district's general historic character that is typified by
neighborhood oriented, vernacular, utilitarian azchitecture.
4. Projects should be compatible with the scale of development of the
surrounding buildings and should be sited and designed to provide a sensitive transition
to neaz-by, less intensive zones. Projects on zone edges should be developed in a manner
that creates a step in perceived height, bulls, and scale between the subject site and the
development potential of the adjacent zones.
Exhibit A to Ordinance 3037
Ch. 77.30 PTMC- Historic Preservation
Page ZO of 44
5. New development should recognize the city's historic architectural heritage
through the use of building materials, construction methods, building proportions and
architectural devices compatible with those used in existing buildings, but should not
attempt to replicate existing historical buildings. While the intent is not to produce
historic replicas or a false sense of historicism, new buildings also should not include
forms or features that dramatically conflict with surrounding buildings. In general, new
buildings should reflect the following guidance:
a. Avoid unique, attention seeking elements such as complex geometries,
large non-rectangular windows, fully glazed facades, etc. Buildings in Uptown
are generally "background buildings" in that they are not ostentatious in
themselves but together create a pleasant composition along the street. New
buildings should enhance that composition rather than disrupt it.
b. Details and elements that aze found in the district such as modest cornice
articulation, simple window groupings, multi-paned windows and standard wood
millwork are encouraged where appropriate.
c. A mix of contemporazy and traditional materials and details for small
elements such as signs, doors, lights, etc. may be appropriate.
d. Although the traditional building configuration is the building fagade
facing directly on the street front with building modules reflecting a 55-foot
property width, other configurations, such as small courtyards and gardens,
recessed entries, notched or recessed building facades with small pedestrian open
spaces aze also present and maybe appropriate for new buildings.
e. Roof decks, roof gardens, and balconies may be appropriate and have the
advantage of increasing human activity and "eyes on the street" for security.
6. Buildings with a public use or prominent community activity may deviate
from the principles of 5(a-e), above, to add vaziety and local landmark qualities. It is
recognized that the Uptown district will evolve over time.
7. In the development of streets and pazking areas, functional requirements for
vehicular movement and parking should not compromise the safety of or inhibit the
movement of pedestrians. Pedestrian movement should be enhanced through the location
of landscaping, lighting and signage.
B. Height, Bulk and Scale Compatibility.
1. Buildings shall be designed to ensure that building massing, height and scale
provide sensitive transition to adjoining residential neighborhoods.
2. New commercial development in the Uptown Commercial Subdistrict should
minimize negative impacts of the height and bulk of tall buildings on adjacent single-
familyresidences, including impacts of shade, shadow and loss of privacy.
C. Architectural Design, Elements and Materials
1. New development should locate windows, skylights, open spaces and decks to
take advantage of southern exposure. Buildings and canopies should be designed to
utilize natural light and to reduce energy costs.
2. Building elements shall be included as part of building fapade to "break up"
the fagade, not necessarily in a repetitive pattern, to reduce the perceived scale of larger
buildings. "Building elements" shall consist of larger building pieces that affect the shape
of the building envelope, and include balconies, porches, turrets, bay windows, entrances,
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 21 of 44
overhangs, dormers, inset entrances, etc. "Building elements" are not the same as
"building details" such as brackets, decorative elements, and wall lighting, etc.
3. All buildings should be designed to have a clear top, middle, and base. Blank
walls are not allowed on front facades facing Lawrence Street.
4. The primary entrances of buildings shall be identified and highlighted through
architectural details, lighting, and signage. The design of buildings shall enhance the
relationship between buildings and streets by creating easily identifiable building
entrances.
D. Trspazency
1. Buildings on Lawrence Street shall provide generous amounts of windows to
create ground floors with a "transparent" quality in order to provide visual interest.
2. Windows shall cover at least 50 percent of the facade area (as measured from
grade to eight feet above grade) facing the primary street and also the secondary street on
corner lots. The standard shall be applied to each individual street facade. Windows are
also encouraged on upper floors.
3. Windows shall not consist of reflective glass.
4. Windows should begin at least 12 inches above grade rather than continue
down to grade level (or otherwise as required by the Americans with Disabilities Act).
~. The city may permit building facades with less transparency, provided the
project features an exceptionally amactive pedestrian element, such as a special entry
with plaza, mazquee, or other element approved by the City.
E. Protection from Elements.
1. Buildings on Lawrence Street should provide weather protection at least 5 feet
wide along at least 75 percent of the building's front facade along Lawrence Street.
2. Wider weather protection features are encouraged to provide for outdoor
seating areas.
3. The weather protection may be in the form of awnings, marquees, canopies, or
building overhangs. Gaps in the covering are allowed to provide for visual vaziety in the
facade through the use of architectural features and/or landscaping components.
F. Mechanical Equipment, Service Areas and Parking.
1. Mechanical equipment, loading areas, trash, and recycling containers shall be
located and/or screened to minimize their visibility from residential neighbors and the
public view from adjacent rights-of--way.
2. Refuse and storage containers shall be screened with built and/or landscaped
confinements.
3. Refuse and storage areas should be located to the rear or side of the property
and away from adjacent streets and residential property.
4. Service and loading azeas should be located to the rear or sides of buildings
away from adjacent streets, but shall be designed for convenient use.
5. Rooftop mechanical equipment shall be concealed from view by a roof form
integrated with the overall architecture of the building, either by locating the equipment
within the structure or concealing it from ground level view behind a parapet.
6. Views of rooftop equipment from neazby hillsides shall be minimized.
7. Noise producing mechanical equipment such as fans, heat pumps, etc., should
be located and/or shielded so that noise reaching the adjacent properties and the public
Exhibit A to Ordinance 3037
Ch. 77.30 PTMC- Historic Preservation
Page 22 of 44
right-of--way is minimized. The applicant must demonstrate that this standard is achieved
by providing equipment specifications and/or calculations of noise impacts.
8. Pazking access from Lawrence Street is not allowed if there is another
alternative.
9. All parking lots immediately adjacent to residential properties shall be
screened from view with sight obscuring combination of fence, wall and/or landscaping.
The City may consider alternate means of screening provided they meet the intent of
providing a full visual screen.
17.30.158 Historic residential development -Additional design standards
In its review of residential development designated or elieible to be designated on the
Port Townsend list of historic places occurring within the historic overlay district, the
HPC and the director shall apply the followine design standards in addition to those set
forth in PTMC 17.30.140.
The standards shall only apply to the work or alteration for which a Hermit is sought, and
shall not be applied to require an owner to chance or restore other existing conditions or
improvements to meet these standards.
A. General Standards.
1. Principal facades. The principal historic facade(sZ of residential development
shall be preserved. A principal facade shall be defined as a facade that fronts on
adjacent public right-of-way (not including alleys). Minor alterations that do
not adversely affect the integrity of the principal facade may be permitted,
provided that the proponent can demonstrate that the minor alteration is
necessary to accommodate the continued viable use of the residence. Examples
of allowable minor alterations include: accommodations to meet life/safety
requirements, the use of new materials when historic materials aze no longer
available, are structurallypractical and/or aze energy inefficient, provided that
the new materials match the historic use closely. Functional adaptation of
identified principal historic facades may be permitted provided that the
adaptation is the minimum and least obtrusive necessary and still meets the
Secretary of the Interior's "Standards for the Treatment of Historic Properties,
with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing
Historic Buildings" (19951, including anv amendments, to accommodate
continued use.
2. New Additions.
Tomreserve the chazacter and integrity of principal historic facades, anv
proposed additions to a historic residence shall be located to the rear or side of
the subject propert~onsistent with the following requirements:
a. Proposed side additions shall be setback a minimum of 10 feet from the
building line of the principal historic fagade(s).
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 23 of 44
b. In the case of historic residences that are located on corner lots that have
two principal historic facades, additions shall only be penmitted on the
side containing anon-principal historic facade.
c. Additions that expand the residence by increasing the vertical hei t of
the structure shall be setback a minimum of 10 feet from the building line
of the principal historic facade(s).
d. Additions shall be harmonious with the design of the historic residence,
shall cleazly be of their own period and shall not be imitative of the
original historic design.
e. Proposed additions shall be subordinate design elements that are
supportive of the integrity of the original historic residence.
3_ Accessorv structures.
a. Accessorv structures such as gazages, ADU's or other similar structures
shall be located to the rear or side of the subiect propertv consistent with
the following requirements:
b. Proposed accessorv structures shall be setback a minimum of 10 feet
from the building line of the principal historic facade(sl.
c. In the case of historic residences that are located on corner lots that have
two principal historic facades, accessorv structures shall be permitted on
the side containing a principal historic facade, provided that their
proposed location minimizes view blockage of the historic facade from
the adiacent public right-of--way.
B. S ecific Standazds -Pivotal Residences.
In its review of residential development of residences designated or eligible to be
designated as Pivotal under this Chapter, the HPC and the director shall apply the
following design standards in addition to those set forth in PTMC 17.30.140 and
PTMC 17.30.158(A).
1. Exterior additions or modifications to Pivotal structures shall be designed in a
manner that maintains and does not destroy the pre-existing elements that
characterize the building's historic inte rity.
2. The new work shall be differentiated from the old and shall be compatible with
the massing, size, scale, and azchitectural features to protect the historic integrity
of the propertv and its environment.
3. The present height of the existing structure shall remain intact. Any additions or
modifications would not exceed the roof line of the original structure .
4. Compatible materials that respect the visual appearance of the existing structure
shall be used.
F,xhibitA to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 24 of 44
5. Patterns and orientation of door and window openines represented in the existin
structure shall be respected.
6. Additions and new construction shall be located to conceal them to the extent
possible from the street level view from the ad1acent right of wav. For corner
lots. the additions and new construction shall be located to make them as
unobtrusive as possible from the view from the adjacent rights of wav, and
preserve to the maximum extent possible the principal facades.
7. The present roof pitches of the existing structure shall be maintained where such
element is visible from the adjacent right of wav.
8. New additions, exterior alterations, or related new construction shall not destroy
historic materials that characterize the property. The new work shall be
differentiated from the old and shall be compatible with the massing, size, scale,
and azchitectural features to protect the historic integrity of the property and its
environment.
9. New additions and adjacent or related new construction shall be undertaken in
such a manner that, if removed in the future, the essential form and integrity of
the historic property and its environment would be unimpaired
C. Specific Standazds - Primazy Residences.
In its review of residential development of residences designated or eligible to be
designated as Primazy under this Chapter, the HPC and the director shall apply the
following design standards in addition to those set forth in PTMC 17.30.140, and in
PTMC 17.30.158(A
1. Exterior additions or modifications to a Primazy structure shall be designed in a
manner that maintains the pre-existing chazacteristics that contribute to the
building's historic integrity. These characteristic include the massing, scale,
height and architectural features of the structure.
2. Exterior additions or modifications may be~ermitted to the side or reaz of the
building, provided that the scale and architectural details of the principal facades
are preserved.
3. Additions to Primary structures shall be designed in a manner that is consistent
with the Secretary of the Interiors Standards for Rehabilitation and shall be
secondazy and supportive elements to the pre-existine structure.
4. Additions and new construction shall be located to make them as unobtrusive as
possible from the view from adiacent rights of wav.
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 25 of 44
D. Specific Standards - Secondazv Residences.
In its review of residential development of residences designated or eligible to be
designated as Secondazy under this Chapter, the director shall apply the following design
standazds in addition to those set forth in PTMC 17.30.140 and PTMC 17.30.158(A).
1. Restoration activities that remove materials (siding, roofing, etc.l and/or features
(doors, windows, etc.l that aze inappropriate to the historic period in which the
subject property was built are strongly encouraged. Replacement materials
and/or features shall closely approximate appropriate historic design but are not
required to be exact reproductions of those found on the residence at the time of
initial construction.
17.30.159 Historic residential departures.
A. Departure -Intent. A "historic residential departure" is a request by the owner of
a contributing historic home for relief from a particular design guideline "obiective" or
dimensional requirement through the use of an alternative technique or standrsd not
B. Depaztures -Allowed in Limited Situations. Departures from Section 17.30.158
otnrir raciAar.tial Aavalnnmant - aAAitinnal Arcirtn etanAarAc anA the remiiremPnte of
'review process. Through the design review process established by this chapter, departures
'may be allowed from the following design guidelines and/or bulk and dimensional
'standards:
1. Location of proposed additions;
2. Location of proposed accessory structures;
3. Building setbacks;
4. Modulation requirements;
5. Lot coverage requirements;
6. Dwight plane requirements.
C. Departure Approval Criteria: In order for a departure from a design guideline or
1. The proposed departure does not significantly detract from the historic
character and nature of the historic residential property for which it is
proposed;
Exhibit A to Ordinance 3037
Ch. l7 30 PTMG Historic Preservation
Page 26 of 44
2. The proposed departure is consistent with the existing land usepattem with
reeazd to the standazd being varied;
3. The proposed departure does not interfere with or ne¢atively impact existine
and permitted uses within the zoning district it occupies;
4. The proposed departure does not constitute a threat to the public health, safety
andgeneral welfaze within the city;
5. The proposed departure is minor in nature and would not constitute a Brant of
special privilege inconsistent with the limitation upon uses of other properties
in the vicinity and zonine district in which the subiect propertv is located;
D. Departure Notice and Approval Process.
L The followine denat
(administrative without notice; administrative appeal by applicant only)
established in Chapter 20.01 PTMC
a. Location of proposed additions:
b. Location of proposed accessorv structures;
c. Modulation reauirements:
2. The followine departure requests shall be processed as Type II actions
(administrative approval, with mailed and posted notice; appeal by applicant
or party of record to the hearing examiner), and notice shall conform_ to the
r~uirements of PTMC 20.01.150.
a. Buildins setbacks;
b. Lot coveraee reauirements;
c. Dayli¢ht plane requirements.
E. Outcome of Review. The certificate of review shall include any decision on a
departure reauest, including any conditions.
1. Pivotal and Primary Residences. For Pivotal and Primazv residences:
a. A completed review form or checklist will comprise the recommendation
from HPC to the DSD director including whether the approval criteria for
a departure have been met.
b. The director shall not act upon the recommendation of the HPC for a
period of seven days. Durin¢ this seven-day period, interested citizens or
aggrieved parties may reauest in writing a "reconsideration" of the HPC
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 27 of 44
recommendation. Such reconsideration reauests shall be made in writing,
shall state the reasons why a reconsideration reauest is made, and the
relief sought. Uoon review of the HPC's recommendation, and after
reviewine anv requests for reconsideration, the director maY
1~ Issue the certificate of review, includine anv modifications,
conditions, or denial of approvah or
'~ Return the project to the HPC with directions for additional review.
c. To be approved, the director shall deliberate unon HPC's findines,
conclusions, and recommendations, according substantial deference and
great weieht to the same.
2. Secondazv Residences. For Secondazv residences, the director shall review
the denarture request and determine if the approval criteria for a deUarture
have been met, and issue the certificate of review, including any
modifications, conditions, or denial of approval. Nothingprevents the
director from requesting HPC recommendation on the request.
17.30.160 Historic preservation design guidelines manual adopted -Purpose -
Administration.
A. Historic Preservation Standards Manual Adopted. The standazds and requirements
contained in the Port Townsend historic preservation design guidelines manual, as it now
exists or is later amended, are hereby adopted, incorporated by reference herein, and
made applicable to all developments and municipal improvements regulated under this
chapter, except for projects that aze exempted from the regulations of this chapter. The
Port Townsend historic preservation design guidelines manual currently contains the
following sections:
1. Summazy of Secretary's Standazds for Preserving, Rehabilitating, Restoring,
and Reconstructing Historic Buildings, including_all amendments;
2. Design Review Guidelines -Overall;
3. Uptown Commercial subdistrict;
4. Design Guidelines for Signs in the Special Overlay Design Review District
and National Landmazk Historic District;
5. Port Townsend's National Landmazk Historic District Approved Color
Palette;
6. Design Guidelines for Awnings in the Special Overlay Design Review District
and National Landmark Historic District;
7. Design Guidelines for Murals in the Special Overlay Design Review District
and National Landmark Historic District;
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 28 of 44
8. Design Guidelines for Exterior Mechanical System Elements in the Special
Overlay Design Review District and National Landmark Historic District;
9. Design Guidelines for Neon Signage in the Special Overlay Design Review
District and National Landmark Historic District;
10. Port Townsend Historic District Streetscape Design, including any
amendments thereto (adopted January 17, 1989, by Ordinance 2143;
incorporated by reference in PTMC 17.30.150(B)(3), Waterfront subdistrict -
Additional design standards); except for the "East Downtown" area, bounded
generally by Quincy Street, Washington Street, Hudson Point Marina and Port
Townsend Bay, and more specifically described and shown in Figure 1 of the
"East Downtown Streetscape Plan (January 29, 2007)" ("plan"), the standards
in the plan, which is hereby adopted and incorporated by reference, shall
apply to the "East Downtown" azea, and the inconsistent provisions of Port
Townsend Historic District Streetscape Design and Port Townsend Urban
Waterfront Plan shall be superseded for the "East Downtown" area. The city
clerk shall maintain a copy of the "East Downtown Streetscape Plan (Januazy
29, 2007)" available for public use, inspection and copying;
11. Water Street Historic District - A Field Report of the National Trust for
Historic Preservation (1977) (incorporated by reference in PTMC 17.30.140,
Historic overlay district -Design standazds).
12. Design Guidelines for Residences.
B. Purpose. The purpose of the historic preservation design guidelines manual is to
establish, in one comprehensive document, prescriptive and performance standards and
procedures for developments and municipal improvements regulated under this chapter.
The director may include in the manual, in addition to the adopted guidelines, other
information applicable to the historic preservation design review process.
C. Procedures for Changes to the Historic Preservation Standards Manual. Upon
recommendation from the historic preservation committee (HPC), the director is
authorized to make minor, nonsubstantial changes and administrative processes to the
historic preservation design guidelines manual without further city council approval or
adoption, as follows: Such changes shall be effective 30 days after filing with the city
clerk, who shall immediately after filing forwazd such minor changes to the city council.
Significant or substantive changes to the historic preservation design guidelines manual
require approval by the city council, and are only effective upon such approval. The
authority to initiate minor changes to the manual granted in this subsection is in addition
to the director's authority to interpret land development codes under Chapter 20.02
PTMC.
D. Copies Available for Review and Purchase. Copies of the historic preservation
design guidelines manual and all revisions thereto shall be maintained in the city clerk's
Exhibit A to Ordinance 3039
Ch. 17.30 PTMC- Historic Preservation
Page 29 of 44
office and the development services department (DSD) and shall be available for use and
examination by the public, and shall be made available for purchase at the DSD. (Ord.
2945 § 5.2, 2007; Ord. 2941 § 1, 2007; Ord. 2871 § 1, 2004).
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ExhibitA to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 30 of 44
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Part Two -Historic Place Designation
17.30.200 Historic Place Desienation to the Port Townsend Register of Historic
Places.
The process for deli ng ating and listin¢ a structure on the Port Townsend register of
historic places in Chanter 2 72 PTMC allows a designation with owner consent and HPC
review and decision.
In addition the process and criteria in this Part Two of this Chapter provides for a
structure to be designated and listed on the Port Townsend register of historic places
without owner consent
17.30.210 Nomination for Designating Historic Place to the Register: Process.
F,xhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 31 of 44
ExhibitA to Ordinance 3037
Ch. 77.30 PTMC- Historic Preservation
Page 32 of 44
1. Nomination. Anv person may nominate a structure for inclusion in the Port
Townsend register. Members of the historic preservation committee or the
committee as a whole may generate nominations.
2. Application for Nomination Submittal Requirements. The nomination shall
be on an application form approved by the Director with information required
by the Director and HPC for evaluation of the application. The application for
nomination shall include reference to all features which contribute to its
ro osed desi ation.
3. Process. Applications shall be processed according_to the Type II process in
Ch. 20.01 PTMC (director decision with appeal to hearing examiner).
17.30.220 -HPC process -Review and recommendation to director required.
A. Director's Responsibilities. Upon receipt of a completed application for
nomination. the director shall:
1. Inform the owner (and if different, the applicant) of the review requirements.
Notice to the owner if the owner is not the applicant shall be by both first class
mail and certified mail (return receipt requested) at the addresses shown on
record for the propertv with the county assessor;
2. Report receipt of the application to the HPC and forwazd the application to its
members;
3. Assist the HPC in considering the criteria for determining designation in the
register which may apply to the proposed nomination; and
4 Refrain from issuing anv buildine permit prior to issuance of a certificate of
designation for the proposed development or municipal improvement, which
shall occur only after consideration of the HPC's findings, conclusions and
recommendation (except for exempt development, or development subiect to
administrative review without HPC review and recommendation.
B HPC Meeting Required. The director, in consultation with the HPC, shall set a
public meeting time and place as soon as possible to review the application according to
the criteria for determining designation in the register at PTMC 17.30.250. The director
shall request the applicant and anv design professionals assisting the applicant to attend
the meeting If the applicant or the applicant's representative responsible for proiect
design fails to attend the meeting an alternate meeting shall be scheduled by the HPC
within 30 days of the initial meeting, and the director shall provide the applicant with
written notification of the continued meeting.
C. Additional HPC Meetings. The HPC, in coordination with the applicant, may
schedule additional meetings as it may find necessazv and desirable to complete its
review and formulate findings, conclusions and recommendations for the advice of the
director. The HPC mav, in the execution of its review, assign anv portion of the review of
anv application to anv member or subcommittee of the HPC; provided, that the vote
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Histordc Preservation
Page 33 of 44
approvins the findings, conclusions and recommendation regarding the application for
the certificate of apnroval shall be made by a majority vote of a quorum of the HPC.
D. HPC Recommendations -Contents. When the HPC has completed its review,
it shall forward its findings, conclusions and recommendation to the director.
1. The HPC's recommendation shall include, but not necessarily be limited to,
the followin¢ information: the name of the applicant: the date the
recommendation is issued; the location of the building: a brief narrative
description of the buildine or site; a statement as to whether or not the HPC
finds the buildine or site meets or does not meet the criteria for determinine
designation in the register; and any and all conditions of approval
recommended by the HPC. The HPC shall also document any voluntary
conditions that the applicant proposes or has made as a result of the HPC
review.
E. Time Limit for HPC Review and Recommendation. Unless an extension is
authorized by the applicant, the HPC shall complete its review and forward its findings,
conclusions and recommendation to the director within 45 days of receipt of a complete
annlication for a nomination. In the event that the HPC fails to issue its recommendation
within such period, the director shall issue a decision without the recommendation of the
HPC. (Ord. 2892 § 1, 2005; Ord. 2859 & 4, 2004).
F. Nothing in this chanter shall be construed as delegating to either the HPC or
its committees any quasi-iudicial, executive or legislative power, authority or
responsibility.
17.30.230 Certificate of designation ar~evnl -Director's decision.
A. Director's Written Decision. Upon their receipt, the director shall deliberate
upon the HPC's findings, conclusions and recommendations, accordine great wei hp t t0
the same. The director shall then issue a written decision, with findings, that the structure
meets or does not meet the criteria for determining designation in the register and shall
provide a copy of the decision to all parties not later than 14 days after receipt of the
HPC's recommendation.
B. Certificate of Designation -Contents. The decision issued by the director
shall include, at a minimum, the information contained within the HPC's findings,
conclusions and recommendation, shall plainly state whether the HPC's
recommendations are approved with, or without, modifications and shall include a
finding or findings that the decision is based upon the criteria for determining designation
in the register (Ord. 2859 & 4, 2004).
17.30.240 Appeals.
A. Process. Anneals of a decision of the director to Brant, deny. or attach
conditions to an annlication for nomination shall be made in accordance with the appeal
provisions set forth in Chapter 20.01 PTMC for Type II decisions (administrative
approval, with appeal by applicant or party of record to the hearing examiner).
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 34 of 44
B. Standard of Review. In making its decision on the appeal, the hearing
examiner shall accord substantial weight to the decision of the director. In the event the
hearing examiner denies the appeal and affirms the decision of the director, the hearing
examiner shall adopt written findings of fact and conclusions in support of its decision. In
order to grant any anneal from the decision of the director the heazing examiner must
find that the decision was clearly erroneous or that the director failed to adhere to the
design standards established by this chanter. (Ord. 2859 & 4, 2004).
17.30.250 Historic Place -Criteria for Determinine DesiHnation in the
Re¢ister
A. The following structures are deemed historic structures and are included or
deemed eligible for designation and inclusion on the Port Townsend register.
1 Structures listed pursuant to Chanter 2.72 PTMC.
2 Structures located other than in residential zoning districts identified as pivotal,
primary secondazy or altered historic on the man which accompanied the
certification of the Port Townsend historic district on Mav 17, 1976 are prima
facie historic structures and deemed eligible for designated and inclusion on the
Port Townsend register.
3 Structures identified as contributing (pivotal, primary or secondary) on the map
adopted by Ordinance 3036 (2010) and identified as "Historic Residential
Inventory (July 12, 2010); ' incomorated by reference.
4 Structures which meet the criteria for determining designation on the Port
Townsend register of historic maces, pursuant to section B.
5 Structures listed or eligible for listing on the local, state or national register of
historic places.
B The criteria for determining_ designation on the Port Townsend register of
historic places are set forth in the Historic Preservation Designation Manual, as it now
exists or is later amended. The Historic Preservation Designation Manual is hereby
adopted andincomorated by reference herein.
Copies of the Historic Preservation Designation Manual and Historic Residential
Inventory (July 12 2010) and all revisions thereto shall be maintained in the city clerk's
office and the development services department (DSD) and shall be available for use and
examination by the public, and shall be made available for purchase at the DSD.
C. Structures that may have been inaccurately designated or for which the
designation maw have changed since previous designation, or the map which
accompanied the certification of the Port Townsend historic district on Mav 17, 1976 was
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservatton
Page 35 of 44
prepared, or the "Historic Residential Inventory" was prepared, or on the map adopted by
Ordinance 3036 (2010), may request a confirmation of the current designation by the
director. Requests for confirmation of current historic designation shall be submitted and
reviewed consistent with the requirements and process of this ChaQter for designation on
the Port Townsend register.
D. Removal of Structure from the Register. In the event that anv structure no
longer meets the criteria for designation to the Port Townsend register of historic places,
or the structure was inaccurately designated, or the designation of the property or
structure has chanced since previous desienation, or chanced since the map which
accompanied the certification of the Port Townsend historic district on Mav 17, 1976 was
prepared, or chanced since the "Historic Residential Inventory" was prepared, the HPC or
property owner may initiate removal of such desienation by the same procedure as
provided for in this Chapter establishing the desi nag tion.
E. Effects of Listing on the Register.
1. Listing on the Port Townsend register of historic places is an honorary
designation denoting significant association with the historic, archaeological,
engineering, or cultural heritage of the community; and
2. Design review by HPC of local register properties shall be limited to the scope
established in Chapter 17.30 PTMC.
F. Maintenance of the Local Register. The list of properties on the local re ister of
historic places shall be maintained by DSD.
G. Eligible property for special tax valuation.
For the purposes of historic property tax valuation authorized as a duty of the
committee under PTMC 2.72.060(A), the class of eligible property is:
1. Property within the city's C-III zoning district; and
2. Property listed on the Local Register of Historic Places. (Ord. 2972 § 1, 2008; Ord.
2773 & 2 2001. Ord. 2770 & 2. 2001; Ord. 2760 & 4, 2001; Ord. 2522 & 1, 1996; Ord.
2035 & 4, 1986).
17.30.260 Termination of Proceedines.
In anv case where a structure is nominated for desienation and thereafter the Director
determines to approve or not to approve such nomination, or where a proceeding to
remove a property or structure has led to a decision to remove or not remove the property
or structure from the Port Townsend register of historic places, such proceeding shall
terminate and no new proceeding under this chapter may be commenced with respect to
such property or structure (even if ownership has changed) within five (5) years from the
date of such termination, Provided, if such proceeding results in a determination that a
structure is not eligible for designation, proceedings to designate the property ma~occur
within five~5) years with the written agreement of the owner.
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 36 of 44
17.30.270 Exemption from permit timelines.
.Pursuant to RCW 36.70B.140. the Citv excludes the entire designation process for
nomination, including anv review of the director's decision by the Hearine Examiner,
from the time limits and the other provisions of RCW 36.70B.060 through 36.70B.080
and the provisions of 36.70B.110 through 36.70B.130.
17.30.280 Requirement of certificate of approval.
After the filing of a nomination with the Director and thereafter as long as proceedings
for a designation are pending, a certificate of approval must be obtained before the owner
may make alterations or significant changes to specific features or characteristics of the
structure which are identified in the nomination.
Part Three -Demolition Standards
17.30.300 Declaration of Purpose
The pumose of this Part is to regulate demolition and provide for the retention of historic
structures that reflect the City's architectural, artistic, aesthetic, historical, economic and
social heritage.
17.30.310 Definitions
A. Definition -Demolition.
1. "Demolition (or partial demolition)" means the destruction or removal, or
relocation, of a building or structure, in whole or in part.
2. Demolition (or partial demolition) pertains to the demolition of significant
features of a building that are important to defining the building's or structure's historic
character.
3. Demolition (or partial demolition) does not include the removal of past additions
for the express puroose of restoration of a structure to its historic appearance, form, or
function.
Demolition (or partial demolition) does not include the destruction or removal of
portions of a building or structure that are not significant to defining its historic character,
or that is allowed pursuant to design review application approved pursuant to PTMC
17.30.080 This exclusion is valid so long as the demolition is done as part of a design
review application approved pursuant to PTMC 17.30.080.
PTMC 17.30.085(A)) of a building or structure regulated under this chapter, the applicant
must obtain a certificate of approval for both the proposed demolition.
ExhibhA to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservatton
Page 37 of 44
B. Exemption -City Abatement of Unsafe Conditions. In the event of a finding by the
city building official of an unsafe condition, the building official may issue an abatement
order allowing partial or complete demolition (as defined in PTMC 17.30.085(A)) of a
structure otherwise regulated under this chapter; provided, that all reasonable efforts have
first been made to preserve and correct unsafe conditions rather than to partially or
completely demolish valuable buildings or structures.
C. SEPA Authority. In addition to the requirements of this section, the city retains
substantive authority under the State Environmental Policy Act (Chanter 43.21C RCWI
to review. condition or deny any proposed demolition based upon the identification of
probable, significant adverse environmental impacts of the proposal.
17.30.330 Preapplication conference mandatory.
All applications for a certificate of approval under this chapter that involve demolition
or partial demolition shall not be accepted by the director unless the proiect proponent
has scheduled and attended a preapplication conference with development services
department staff and a representative of the HPC The puroose of the preapplication
conference is to acquaint the ~roiect proponent with the reauirements of this chapter and
to provide preliminary comments on the acceptability of proposal
17.30.340 Application
Unless waived by the director applicants proposing the demolition of any building or
structure regulated under this chapter shall supply the information required under PTMC
17 30.080 and the information set forth in this section. The information to be provided
relates only to the property br building under review. The information to be provided
does not require information concerning an owner's assets or income, except as it
specifically relates to the property or building under review.
1 Where demolition of the building is sought due to unsafe conditions, the
applicant shall supply a report from a Washington-licensed structural engineer that
substantiates that the building thereof is imminently dangerous to the public.
2. Where demolition of the building is sought for reasons other than unsafe
conditions the applicant shall supply a report from aWashington-licensed structural
engineer and a financial analyst or economist with demonstrated competence in the field,
demonstrating that maintenance of the building or structure or any important features
thereof proposed for demolition will impose an economic hardship upon the owner
rendering it impracticable to renovate restore or reuse the structure and rendering it
economically infeasible to renovate restore or reuse the structure in comparison to the
economic value of the proposed redevelopment The report shall analyze the reasonable
economic alternatives to demolition including redevelopment for uses permitted by city
code and an analysis showing whether the redeveloped property is capable of providing a
reasonable economic return upon completion of reasonable renovation or repair activities.
The report shall also contain the following information:
Exhibit A to Ordinance 3037
Ch. 17.30 PTMG Historic Preservation
Page 38 of 44
a. Current level of economic return including the amount naid for the property,
b. Annual gross income from the nronertv for the nrevious three ~azs, itemized
operating and maintenance expenses for the nrevious three veazs, and depreciation
deduction and annual cash flow before and after debt service, if any. during the same
eu riod;
c. Remaining balance on the mortgage or other financing secured by the
pronertv, real estate taxes naid on the propertv for the nrevious four years, and the most
recent assessed value of the pronertv;
d. All annraisals obtained within the nrevious three veazs by the owner in
connection with the nurchase, financing or ownership of the propertv:
e. Any listing of the pronertv for sale or rent, price asked for and offers received,
if anytwithin the nrevious two years;
f. Fair market value of the property at the time of application;
g. Whether the remainder of the site is capable of economically viable
development even if the structure is required to remain on the site.
3. Scaled architectural renderines. drawings and plans of sufficient detail showing
the replacement buildings or structure nronosed to be built on the site upon completion of
demolition work. Sufficient detail means detail to allow conceptual review.
17.30.350 Waiver -Advance Determination.
The director, following recorrunendation of HPC, may_waive the requirements in this
section pertaining to demolition, in advance and in writing of any demolition, if the
structure is not designated or eligible for designation and inclusion on the Port Townsend
re ister.
An annlicant seeking demolition shall be entitled to a determination whether_ the
nronosal is entitled to a waiver without having to submit drawings or nlans of the
proposed replacement or remodeled structure. In addition, an annlicant may seek a
determination whether a demolition constitutes a significant alteration of a structure, for
purposes of determining if the demolition standards of this Chanter annly. In these
situations, the applicant shall submit such information as determined by the DSD director
is necessary to review a proposed demolition. A decision by the city on this application
shall be effective for a period of five years from the date of the city's decision and, if an
application for a certificate of approval is filed within five veazs such additional amounts
of time as aze necessary to process the application.
17.30.360 Applications for Demolition.
Applications for demolition, where no waiver as determined by the DSD director applies,
shall be processed as follows:
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 39 of 44
1. HPC shall provide recommendation on whether the demolition meets applicable
criteria and (as applicable) a recommendation on design review for the replacement
building or structure. HPC may appoint a subcommittee and deleeate to the
subcommittee authority to advise and make recommendations to the director with res eR_,ct
to applications involvinc demolition.
2. The DSD director shall issue a written decision, grantine. eranting with
conditions, or denying the application. The decision shall contain an explanafion of the
director's decision.
3. Notice of the director's decision shall be mailed to any person who, prior to
renderinc the decision, made a written request to receive notice of the decision or
submitted written substantive comments on the application.
4. The time limits set forth in PTMC 17.30.100 apply to this secfion.
5. The process relatinc to Type II decisions (administrative decision with appeal to
heazine examiner) applies, except as modified by this section. A party of record may
appeal the final decision of the independent expert to the hearinc examiner in the manner
examiner, without the applicant havinc to submit drawings or plans of the proposed
replacement or remodeled structure, in the manner provided by PTMC 17.30.130. If the
hearinc examiner denies the applicant's appeah then the process set forth in this section
for demolition applies. If the hearing examiner upholds the applicant's appeal, then the
process in this chapter for design review not involving demolition applies.
6. Peer Review. The director may obtain peer review of any documents or reports
where the director. deems it to be reasonably necessary to insure the accuracy,
effectiveness or obiectivity of any of the documents, reports or measures proposed within
them. A written determination from the director requirinc peer review shall include, as
a~licable, the following information:
a. A statement giving the reason(s) peer review is necessary (e.g, why the director
believes peer review is appropriate to ensure accuracy, errors of fact or law, error in
~udcment, objectivity. or information or new information);
b A statement of the specific azeas of the report believed to be inadequate or in
error, or not sufficiently definite to allow meanincful analysis;
a. The ~ecific information soucht (such as confirmation of the structural
deficiencies cited by the report, the adequacy of financial estimates eiven for the
renovation, restoration or reuse of the building or structure, feasibility of the proposed
replacement structure to actually be built, conflictine evidence, etc.);
Before requiringpeer review, the director shall attempt to obtain clarification or new
information from the applicant or author of the report addressing issues raised by the
director.
The city shall Ray for the peer review; however, if the peer review establishes that the
reports submitted by the owner were not accurate to a material decree, then the ap liR cant
shall pay for the weer review.
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 40 of 44
7. The director may also consult with other agencies, requesting information on the
roroposal, and review of anv report's contents which lie within the other agency
jurisdiction or expertise.
17.30.370 Criteria for Aparoval.
1. Excerot as provided in this section, an arorolication for demolition of a buildine or
structure reeulated under this chapter shall be denied unless the anrolication is based on
the buildine beine an imminent threat (as defined in paragraph below), and/or, the
structure is so deteriorated, and there is so little historical fabric, that it would be
unreasonably costly to retain the historic, cultural, and azchitectural sisnificance of the
structure thoueh rehabilitation or renovation.
2 An arorolication for demolition of a building or structure in a commercial district
(other than a buildine built for residential rourposes), shall be allowed if:
a. The denial or partial denial will deprive the owner of reasonable economic use
of the property;
b The building structure or portion thereof to be removed cannot be adapted for
anv other use whether by the owner or by a ~ chaser, which would result in a
reasonable economic return:
c. There is no viable or reasonable alternative which would have less impact.
3 "Imminent threat" means the buildin¢, structure, or portion thereof to be removed
constitutes a documented maior and imminent threat or immediate danger to the public's
health and safety, or is likely to paztially or totally collapse and thereb~njure persons or
damase property and said demolition or removal is the only reasonable way to alleviate
said threat.
4. The owner has the burden of roroof to establish by clear and convincing evidence
the necessary findines.
5 If aprolication of the criteria results in a denial, but the roroposed action is
necessary to correct an unsafe or dangerous condition on the property, then the director
may issue a permit strictly limited to correctin¢, emereencv conditions.
17.30.380 Certificate of Aaproval for Demolition -Conditions.
A. General Standards.
A certificate of approval for demolition shall not be granted unless the following criteria
have been met:
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 41 of 44
1. Conditions which provide for the owner to document the ~ropertv in manner
approved by the director and/or for rights of access to the propertv for the
purposes of documentation or for agreed upon removal of materials or artifacts.
2. In addition, the director may impose a stav on issuance of the demolition permit
by DSD for a period of up to 90 days to allow alternatives to demolition to be
explored. A loneer time period may be established, if agreed to by the applicant;
B. Standard Applicable to Demolition of a building or structure in a commercial
district (other than a building built for residential purposes).
In addition to standards in paragraph A, a certificate of approval for demolition of a
building or structure in a commercial district (other than a building built for residential
purposes), shall not be granted unless the following criteria have been met:
1 The applicant has received conceptual approval for a new replacement structure
with a floor area ratio (FAR) that is at least 75% of the FAR of the buildin tg o be
demolished; and
2. The applicant has the financial ability and intent to build. the. proposed. new
structure as demonstrated by a guarantee agreement between the owner and the
City. The financial arrangement or assurance acceptable to the city shall ensure
or provide reasonable assurance the approved replacement structure will be built
within three years of approval of the replacement design (provided the director for
eood cause may Brant at anv time an additional period of time up to one
additional vear). Proiects subiect to the shoreline master program shall comply
with applicable timeframes in those regulations. Said guarantee agreement must
contain a covenant to construct the approved replacement structure, be recorded
against the title of the land, and require the applicant to post a performance bond,
letter of credit, escrow agreement or other arrangement or evidence acceptable to
the city to ensure construction of the approved new structure:
C Certificate of Approval for Demolition - Expiration. A certificate of approval for
partial or complete demolition (as defined in subsection A of this section) expires if the
work authorized by the certificate is not commenced within 180 days from the date of
control If the certificate of approval for demolition expires, a new application for such
must be submitted and approval obtained before work can be commenced. (Ord. 2892
& 12005. Ord 2875 & 1 2004. Ord. 2869 & 2 2004. Ord. 2859 & 4, 2004).
17.30.390 Appeals.
A Process Appeals of a decision of the director to grant deny or attach conditions to
an application for nomination shall be made in accordance with the appeal provisions set
forth in Chapter 20.01 PTMC for Type II decisions (administrative approval, with appeal
by applicant or party of record to the hearing examiner).
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 42 of 44
B. Standard of Review. In making its decision on the appeal, the hearing examiner
shall accord substantial weight to the decision of the director. In the event. the heazing
examiner denies the appeal and affirms the decision of the director, the heazine examiner
shall adopt written findings of fact and conclusions in support of its decision. In order to
grant anv appeal from the decision of the duector, the hearing examiner must find that the
decision was clearly erroneous or that the director failed to adhere to the design standazds
established by this chapter.
Part Four -Maintenance; Demolition by Neglect
17.30.400 Maintenance: Demolition by neelect
A. Purpose:
1. The intent of this section is to prevent the situation where an historic building is
intentionally or through neelect allowed to become unsafe or deteriorate to the point that
demolition by neglect occurs.
2. The requirements of this section apply to the owner of a historic property and are in
addition to any requirements of the buildin code.
3. It is not the intent of this section to address minor building code or maintenance
issues but is intended to protect against gross violations that threaten the long-term
viability of a historic structure.
4. A primarygoal of the Citv is to preserve historic assets while at the same time making
every reasonable effort to work with owners of residential properties experiencing
demolition by neglect to allow the owners to continue to reside in the residence, so long
as the residence is safe and habitable. To this end. the director should allow additional
time as necessary and appropriate to the owner to correct defects, and work with the
owner in obtaining assistance in making repairs if the owner does not have the resources
to make necessazv repairs.
5 The director is authorized to allow for interim protective measures that "mothball" or
stabilize a structure against demolition by neelect. Such measures should be interim in_
nature and should specify timeframes for corrective measures that address decay and
deterioration from demolition by neelect.
B. All historic structures shall be preserved against such decay and deterioration and
shall be free from structural defects through prompt correction of anv of the following:.
L Facades which may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor
supports, deteriorated walls or other vertical structural supports.
Exhibit A to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 43 of 44
3. Members of ceilines, roofs, ceiling and roof supports or other horizontal members
which sae, split or buckle due to defective material or deterioration.
4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or
floors, including broken windows or doors.
5. Defective or insufficient weather protection for exterior wall covering, includine lack
of paint or weatherins due to lack of paint or other protective covering.
6. Any fault or defect in the building which renders it not properly watertieht or
structurally unsafe.
C. Demolition by Neelect -Notification, Process
In the event the director determines a structure is experiencins demolition by neelect is
occurring, the director is authorized to ¢ive notice to the owner and/or person in charge of
the specific instances of failure to maintain or repair, in accordance with the procedures
in PTMC 1.20 -Code Administration and Enforcement. Except in cases of life-safety or
emer¢ency, or in cases where the owner has ignored or failed to copy with past notices,
the director shall seek voluntary compliance and provide at least 60 days for voluntary
correction to occur or for a plan proyosed by the owner with timeframes for correction to
be approved by the director.
Changes to Definitions in zoning code: Ch. 17.08.030 -Definitions
"Historic district" or "historic overlay district" means that area within the city of Port
Townsend nominated to the National Register of Historic Places on April 19, 1976, the
boundaries of which are described as:
Beginning at Port Townsend Bay in a northwesterly direction co-linear with Polk
Street and continuing to the edge of the bluff along Water Street, then following
the bluff toward the southwest to the vacated Scott Street right-of--way, along that
vacated right-of--way to its intersection with Jefferson Street, southwest along
Jefferson one-half block then 90 degrees to the northwest along a line parallel to
Scott Street continuing to Lawrence Street, northeast along Lawrence to Walker
Street, northwest along Walker to Blaine Street, northeast along Blaine to Van
Buren Street, southeast along Van Buren to Gazfield Street, northeast along
Garfield to Harrison Street, northwest along Harrison to Chestnut Street, north
along Chestnut to F Street, east along F to Oak Street, north along Oak to Taft
Street, along Taft to a point midblock between Adams and Quincy Streets, then
90 degrees to the northwest along a line parallel to Quincy then 90 degrees to the
northeast taking in the property at the west corner of Quincy and Taft Streets,
EzhibitA to Ordinance 3037
Ch. 17.30 PTMC- Historic Preservation
Page 44 of 44
returning along Quincy to Tafr and continuing along Taft Street northeast to
Admiralty Inlet.
"Historic structure" or "historic building" means any buildin or structures
individually listed or eligible to be listed on the National Register of Historic Places or
Port Townsend register of historic places, °~ :a°~''F°a °° ~~°°'°' ~- °~° ~- ~~~a°~-•
Exhibit B to Ordinance 3037
Page 1 of 15
City of Port Townsend
Methodology, Scoring System,
Design Guidelines and Departures
for Historic Residences
of poor rok
~+ yin
u c
'r!F
~A. .
'F¢
Purpose
These Design Guidelines for Historic Residences are established for the following purposes:
To provide reference to the Historic Residential Inventory Methodology and Scoring
System used to differentiate between contributing and non-contributing historic
residences.
2. To provide guidance to historic residential design decisions that will promote
development of high environmental and visual quality throughout the City.
To assist applicants in the preparation of development applications.
4. To provide for staff level only administrative review by the Development Services
Department (DSD) for routine permit applications, including departure requests, that
satisfy guidelines adopted by the Historic Preservation Committee (HPC) and the City
Council.
Introduction
The City of Port Townsend's National Historic Landmark District (NHLD) was established in
1976 and includes commercial, residential and institutional structures. Residential properties
within the district, totaling approximately 700 stmctures, were not previously subject to local
historic design review for proposed alternations, additions or demolition. In response to several
partial or complete demolitions of residential properties in the NHLD in the summer of 2008,
interim design review regulations were established while permanent controls could be adopted.
As it was unclear the degree to which historic residential structures had been altered since the
1976 survey, a new inventory to distinguish between "Contributing" and "Non-Contributing"
historic residences was conducted in the summer of 2009. While the focus of this effort was on
residences within the NHLD, the Methodology and Scoring System developed for the survey
was designed so it can be applied to residential properties both within and outside the NHLD.
Structures found to be "Contributing" in the 2009 Inventory were differentiated into three (3)
tiers of significance -Pivotal, Primary and Secondary. Definitions for each tier are as follows:
Pivotal -buildings which were the landmarks of the district, hallmarks of architectural or
historical distinction their own merits, these buildings are eligible for National Register
listing. These buildings strongly define the character of the district through strong
examples of architectural styles, craftsmanship, exterior detailing and have retained their
integrity. Other qualities such as the designerlbuilding or historical significance because
of the association with a prominent person or persons or a historic event may also be
considered.
July 12, 2010
Design Guidelines for Historic Residences
Exhibit 8 to Ordinance 3037
Page 2 of 15
• Primary -buildings which have strong architectural or historical qualities and which
maintain good integrity but which may not be individually eligible for National Register
listing. Primary buildings have, to a lesser extent than pivotal buildings, strong character
defining features but generally lack the level of architectural detailing, style and
craftsmanship exhibited in pivotal building.
• Secondary -buildings which have moderate historical or architectural qualities and which
have maintained good (but not perfect) integrity. Secondary buildings first and foremast
contribute the character of the district particularly in terms of scale and massing, but lack
the architectural detailing and styling of pivotal and primary buildings and may have
been constructed or altered after the period of significance for the district (1870-1920).
The complete Methodology and Scoring System is attached as Exhibit A to these Historic
Residential Design Guidelines. It sets forth the details on which elements of a residence were
being scored, how scoring of these elements was assigned and the number of points needed by a
residence to achieve a particular tier.
The Methodology and Scoring System also resulted in a checklist, or scoring sheet, that was used
to catalog each residence surveyed in the 2009 Historic Residential Inventory. The complete
collection of these scoring sheets is on file electronically with the Development Services
Department and was adopted by reference into municipal code via Ordinance 3037.
Review Process
A. Unless exempted by PTMC 17.30.026, no development or improvement regulated by
PTMC 17.30 may be initiated without design review and recommendation by the Historic
Preservation Committee (HPC) and issuance of a certificate of approval by the DSD Director,
except, as provided below, minor residential alterations can be administratively reviewed and
approved by the DSD Director without HPC review and recommendation.
1.. Minor Alterations. Minor alterations that are administratively approved include:
a. Repairs or restoration of historic features or elements.
b. Changes in roofing material.
c. Replacement in kind (or substantially in kind) of windows using the same or similar
sash and pane configuration, including use of compatible substitute materials.
d. New railings.
e. Americans with Disabilities Act (ADA) accommodations.
f. Fences.
g. Garages and outbuildings.
h. New additions less than 300 square feet in size on non-primary facades
Nothing prevents the DSD Director from obtaining HPC recommendation on a proposed minor
alteration, and/or working with HPC to establish guidelines to implement applications for minor
alterations.
B. Review of any alteration proposed to Secondary residential structures, with the exception
of demolition or partial demolition, may be performed administratively by the DSD Director
without consultation and recommendation by the HPC.
July I2, 2010 2 Design Guidelines for Historic Residences
Exhibit B to Ordinance 3037
Page 3 of 15
Design Guidelines
In its review of residential development designated or eligible to be designated on the Port
Townsend list of historic places occurring within the historic overlay district, the HPC and the
DSD Director shall apply the following design standards in addition to those set forth in PTMC
17.30.140. The standards shall only apply to the work or alteration for which a permit is sought,
and shall not be applied to require an owner to change or restore other existing conditions or
improvements to meet these standards. Sample illustrations of additions to historic residences
are contained in Exhibit B to these Guidelines.
A. General Standards.
1. Principal facades. The principal historic facade(s) of residential development shall be
preserved. A principal facade shall be defined as a facade that fronts on any adjacent
public right-of--way (not including alleys). Minor alterations that do not adversely affect
the integrity of the principal facade may be permitted, provided that the proponent can
demonstrate that the minor alteration is necessary to accommodate the continued viable
use of the residence. Examples of allowable minor alterations include: accommodations
to meet life/safety requirements, the use of new materials when historic materials are no
longer available, are structurally impractical and/or are energy inefficient, provided that
the new materials match the historic use closely. Functional adaptation of identified
historic principal facades may be permitted provided that the adaptation is the minimum
and least obtrusive necessary and still meets the Secretary of the Interior's "Standards
for the Treatment of Historic Properties, with Guidelines for Preserving, Rehabilitating,
Restoring, and Reconstructing Historic Buildings" (1995), including any amendments,
to accommodate continued use.
2. New Additions.
a. To preserve the character and integrity of principal historic facades, any proposed
additions to a historic residence shall be located to the reaz or side of the subject
property consistent with the following requirements:
b. Proposed side additions shall be setback a minimum of 10 feet from the building line
of the principal historic facade(s).
c. In the case of historic residences that aze located on corner lots that have two principal
historic facades, additions shall only be permitted on the side containing anon-
principal historic facade(s).
d. Additions that expand the residence by increasing the vertical height of the structure
shall be setback a minimum of 10 feet from the building line of the principal historic
facade(s).
e. Additions shall be harmonious with the design of the historic residence, shall clearly
be of their own period and shall not be imitative of the original historic design.
f. Proposed additions shall be secondazy design elements that aze supportive of the
integrity of the original historic residence.
3. Accessory structures.
a. Accessory structures such as garages, ADU's or other similar structures shall be
located to the rear or side of the subject property consistent with the following
requirements:
July 12, 2010
Design Guidelines for Historic Residences
Exhibit 8 to Ordinance 3037
Page 4 of 15
b. Proposed accessory structures shall be setback a minimum of 10 feet from the
building line of the principal historic fagade(s).
c. In the case of historic residences that are located on comer lots that have two principal
historic facades, accessory structures shall be permitted on the side containing a
principal historic facade, provided that their proposed location minimizes view
blockage of the historic facade from the adjacent publicright-of--way.
B. Specific Standards -Pivotal Residences.
In its review of alterations to residences designated or eligible to be designated as Pivotal, the
HPC and the DSD Director shall apply the following design standards in addition to those set
forth in PTMC 17.30.140 and PTMC 17.30.158(A).
Exterior additions or modifications to Pivotal structures shall be designed in a manner
that maintains and not destroy the pre-existing elements that characterize the building's
historic integrity.
2. The new work shall be differentiated from the old and shall be compatible with the
massing, size, scale, and architectural features to protect the historic integrity of the
property and its environment.
The present height of the existing structure shall remain intact. Any additions or
modifications would not exceed the roof line of the original structure.
4. Compatible materials that respect the visual appearance of the existing structure shall be
used.
5. Patterns and orientation of door and window openings represented in the existing
structure shall be respected.
b. Additions and new construction shall be located to conceal them to the extent possible
from the street level view from the adjacent right of way. For corner lots, the additions
and new construction shall be located to make them as unobtrusive as possible from the
view from the adjacent right of way, and preserve to the maximum extent possible the
principal facade.
7. The present roof pitches of the existing structure shall be maintained where such element
is visible from the adjacent right of way.
8. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the
old and shall be compatible with the massing, size, scale, and architectural features to
protect the historic integrity of the property and its environment.
9. New additions and adjacent or related new construction shall be undertaken in such a
manner that, if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
July 12, 2010
Design Guidelines for Historic Residences
Exhibit 8 to Ordinance 3037
Page 5 of 15
C. Specific Standards -Primary Residences.
In its review of alterations to residences designated or eligible to be designated as Primary,
the HPC and the DSD Director shall apply the following design standards in addition to those
set forth in PTMC 17.30.140, and in PTMC 17.30.158fA).
1. Exterior additions or modifications to Primary structures shall be designed in a manner
that maintains the pre-existing characteristics that contribute to the buildings historic
integrity. These characteristic include the massing, scale, height and architectural
features of the structure.
2. Exterior additions or modifications may be permitted to the side or rear of the building,
provided that the scale and architectural details of the principal facades are preserved.
3. Additions to Primary structures shall be designed in a manner that is consistent with the
Secretary of the Interiors Standards for Rehabilitation and shall be subordinate and
supportive elements to the pre-existing structure.
4. Additions and new construction shall be located to make them as unobtrusive as possible
from the view from the adjacent right of way.
D. Specific Standards -Secondary Residences.
In its review of alterations to residences designated or eligible to be designated as Secondary,
the DSD Director shall apply the following design standards in addition to those set forth in
PTMC 17.30.140 and PTMC 17.30.158(A).
Restoration activities that remove materials (siding, roofing, etc.) and/or features (doors,
windows, etc.) that are inappropriate to the historic period in which the subject property
was built are strongly encouraged. Replacement materials and/or features shall closely
approximate appropriate historic design but are not required to be exact reproductions of
those found on the residence at the time of initial construction.
Departures
A "historic residential departure" is a request by a historic home owner for relief from a
particular design guideline or dimensional requirement through an alternative technique or
standard not otherwise permitted by code. Departures can allow expansions/renovations of a
historic home to better fit into their immediate site or neighborhood context without a significant
loss of architectural integrity or neighborhood character.
A. Allowable Departures
Through the design review process in PTMC 17.30.159.D, departures maybe allowed from
the following design guidelines and/or bulk and dimensional standards:
1. Location of proposed additions;
2. Location of proposed accessory structures;
3. Building setbacks;
July 12, 2010
4. Modulation requirements;
Design Guidelines for Historic Residences
Exhibit 8 to Ordinance 3037
Page 6 of 15
5. Lot coverage requirements; and, 6. Daylight plane requirements.
Sample illustrations of the above departures are contained in Exhibit C to these Guidelines.
B. Departure Approval Criteria
For a departure to be approved, an applicant must demonstrate the proposal is consistent with
the following criteria:
1. The proposed departure does not significantly detract from the historic chazacter and
nature of the historic residential property for which it is proposed;
2. The proposed departure is consistent with the existing land use pattern with regard to the
standazd being varied;
3. The proposed departure does not interfere with or negatively impact existing and
permitted uses within the zoning district it occupies;
4. The proposed deparurre does not constitute a threat to the public health, safety and
general welfare within the city; and,
5. The proposed departure is minor in nature and would not constitute a grant of special
privilege inconsistent with the limitation upon uses of other properties in the vicinity and
zoning district. in which the subject property is located;
C. Departure Notice, Approval and Review Process
For all departure requests involving Pivotal or Primary residences, review and
recommendation by the HPC to the DSD Director shall be obtained consistent with PTMC
17.309.159.E(1). For all departure requests involving a Secondary residence, the DSD
Director shall determine if the approval criteria have been met, and issue the certificate of
review, including any modifications, conditions, or denial of approval consistent with PTMC
17.30.159.E(2). However, nothing prevents the DSD Director from requesting HPC
recommendation on a Secondary residential departure request.
The following departure requests aze processed as Type I-A actions (administrative
without notice; administrative appeal by applicant only) established in Chapter 20.01
PTMC
a. Location of proposed additions;
b. Location of proposed accessory structures;
c. Modulation requirements;
2. The following departure requests shall be processed as Type II actions (administrative
approval, with mailed and posted notice appeal by applicant or party of record to the
hearing examiner), and notice shall conform to the requirements of PTMC 20.01.150.
a. Building setbacks;
b. Lot coverage requirements;
c. Daylight plane requirements.
July 12, 2010
Design Guidelines for Historic Residences
Exhibit 8 to Ordinance 3037
Page 7 of 75
City of Port Townsend
Historic Residential Property Inventory Methodology and
Scoring System" ("2010 Inventory")
Project Purpose and Need
The City of Port Townsend's National Historic Landmark District (NHLD) was
established in 1976 and includes commercial, residential and institutional structures. The
survey of historic properties completed in 1976 established five tiers of classifications for
properties within the district including:
Pivotal -buildings which were the landmarks of the district, hallmarks of
architectural or historical distinction their own merits, these buildings are eligible
for National Register listing. These buildings strongly define the character of the
district through strong examples of architectural styles, craftsmanship, exterior
detailing and have retained their integrity. Other qualities such as the
designer/building or historical significance because of the association with a
prominent person or persons or a historic event may also be considered.
• Primary -buildings which have strong architectural or historical qualities and
which maintain good integrity but which may not be individually eligible for
National Register listing. Primary buildings have, to a lesser extent than pivotal
buildings, strong chazacter defining features but generally lack the level of
architectural detailing, style and craftsmanship exhibited in pivotal building.
Secondary -buildings which have moderate historical or azchitectural qualities
and which have maintained good (but riot perfect) integrity. Secondary buildings
first and foremast contribute the character of the district particularly in terms of
scale and massing, but lack the architectural detailing and styling of pivotal and
primary buildings and may have been constructed or altered after the period of
significance for the district (1870-]920).
• Altered Historic -buildings that are over 50 years old, but have been altered to
the extent to which they have little historic or aesthetic value and do not have
strong character defining features for the district.
• Recent compatible - A building less than 50 years old, but that was designed and
constructed such that the building is compatible with the style, scale and massing
in the district.
• Intrusion -new buildings built within the last 50 years that are not compatible
with the style, scale and massing within the district and out therefore out of
character with the district.
Residential properties within the district, totaling approximately 700 structures, have not
been subject to local design or historic review for proposed alternations, additions or
demolition. However, interim design review regulations were established 18 months ago
1 of 5
Exhibit 8 to Ordinance 3037
Page 8 of 15
for residential properties in the district. Therefore, it is unclear the degree to which the
residential structures have been altered since the 1976 survey and the effect the
alterations will effect the property classifications listed above. Despite the lack of local
regulations for either design review or revision by the Historic Preservation Committee
many properties appear to have been accurately restored to reflect the original historic
features. In other cases structures have had unsympathetic alterations that have degraded
the historic building features.
A new inventory to distinguish between "Contributing" and "Non-Contributing" historic
residences is the primary purpose of this effort. Structures found to be "Contributing"
will be differentiated into three (3) tiers of significance -Pivotal, Primary and Secondary.
When completed and adopted, the survey would assist the City in drafting new
regulations to address proposed alterations and demolitions of historic residential
properties.
Methodology
Based on the established purpose and need of the project, the methodology used to
assess the historic and aesthetic value of residential properties within the district
focused on the physical qualities of the buildings and the aesthetic value within the
streetscape. Other factors such as the building designerPouilder and historic events
were deemphasized in order to provide for a timely completion of the project and to
emphasize the visual contributions to the character of the neighborhood.
Project Tasks
• Reviewed the Jefferson County Historic Society's database of historic properties
and the map generated by the 1976 National Park Service effort leading to
creation of the Port Townsend NHLD.
• Generated a checklist for use in evaluating and scoring the properties. The
checklist and scoring system was based on the following criteria:
o Building Exterior -The quality of the form, composition, detailing and
ornament in part on originality, artistic merit, craftsmanship, and
sensitivity to surroundings and overall visual quality.
o Style -Significant as an example of a particular architectural style, type or
convention
o Age - Of particuiar age in relationship of the periods of development of
buildings in the area
o Continuity/Context -Contributes to the visual, historic or other
environmental continuity or character of the street area.
2of5
Exhibit B to Ordinance 3037
Page 9 of 15
o Alterations -Degree of alteration done to important exterior materials and
design features include the reestablishment of historic features through
alteration
o Reversibility -Extent to which integrity losses can be reversed, and ease
or difficulty of making such corrections.
• Took photos of each residential property in the district to identify key historic
building features with emphasis on views from the street.
• Using the checklist, surveyed and scored the physical characteristics of each
residential property in the district.
• Produced a GIS Layer identifying the updated residential property classifications
• Identified alternatives for addressing the preservation of these structures through
new local regulations to include design/historicpyeservation review and potential
restrictions on demolition.
3 of 5
Exhibit 8 to Ordinance 3037
Page 10 of 15
Survey Checklist Appendix A
Methodology
I. Ranking Definitions -The ratings listed below are considered on a relative basis
and are not absolute ratings, but rather based on a comparison to other
buildings within the landmark district.
a. F.zcellent - An excellent rating identifies buildings in the district as
exhibiting exemplary attributes within the category that are not commonly
found on other buildings
b. Good - A rating of good is above average for buildings within the district
and the rating signifies the building shows strong attributes relative to the
category
c. Fair - A fair rating is average for the district and the building does not
distinguish itself from other buildings in the district to any significant
degree
d. Poor - A poor rating is below average for the district and is reserved for
buildings that are sub-standard rating relative to the underlying category
II. Alteration Definitions -The rankings that relate to alterations are more absolute
than relative as they define the degree to which the alterations have negatively
impacted the historic and visual integrity of the buildings and the degree to
which they are reversible
a. Significant Alteration - An alteration or alterations have occurred which
have significant negative impact on the buildings historic and visual
integrity. Examples include the removal of significant parts of the original
building, major additions that significantly detract from original building
integrity or unsympathetic siding
b. Minor Alterations -Alterations that have had a minor impact on the
historic integrity and visual appeal of the building. Examples include
unsympathetic windows, a minor addition or porch, or removal of
outbuildings
c. No Significant Alterations - No significant alterations have been done to
the structure that affect the historic integrity or visual appeal of the
structure
III.Reversibility -The reversibility criteria, like those for alterations, are absolute
and not based on the relative attributes amongst buildings in the district.
a. Easily reversible -Alterations that can be easily reversed in terms of cost
and labor. Examples include changing windows or siding or removing a
minor addition
b. Reversible -Alterations that are physically possible, but are more difficult
in terms of cost and labor. Examples include the removal of significant
additions or reconstructing exterior detailing that was previously removed
damaged.
4of5
EzhaGat B to Orda»ance 3037
Page 71 oJ~/S
c. Not Reversible -Alterations that cannot be reversed in teens of cost and
labor. Examples include the removal of historic sections of the home or
the loss of most exterior detailing.
IV. Ranking Point System
a. Building Features
i. Excellent - 3 Points (2 for Age)
ii. Good - 2 Points (1 for Age)
iii. Fair- 1 Point
iv. Poor - 0 Points
b. Alterations
i. SiguificantAlteration--2 Points
ii. Minor Alteration--1 Point
iii. No Significant Alteration - 1 Points
c. Reversibility
i. Easily Reversible - 2 Points for Significant Alteration/1 Point for
Minor
ii. Reversible - 1 Point for Significant Alteration/0 Points for Minor
Aiteratiou
iii. Not Reversible - 0 Points
V. Property Classifications
a. Pivotal - 15-18 Points
b. Primary 10-14 Points
c. Secondary 5-9 Points
d. Non-Contributing 0-4
5 of 5
Exhibit B to Ordinance 3037
Page 12 of 75
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Page 13 of 15
Exhibit C -Sample Departures for Historic Residences
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July 12, 2010
Exhibit B to Ordinance 3037
Page 14 of 15
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July 12, 2010
Exhibit B to Ordinance 3037
Page 15 of i5
6. Lot coverage requirements;
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July 12, 2010
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Counci109/07/10)
LIST OF REVISIONS
Minor Housekeeping Revisions to Recently Adopted Ordinances 3026 -
Administrative Procedures (July 19, 2010), 3034 -Height Overlay (March 1, 2010),
3035 -Zoning Code Amendments (June 21, 2010), 3037 -Historic Preservation
Code (Ch. 17.30 PTMC) (Jaly 19, 2010), 3038 -Bulk and Scale (July 19, 2010), and
3039 -Building Code (June 7, 2010)
(1) Ordinance 3026 -Administrative Procedures (July 19, 2010)
(a) PTMC 1.14.020(C) on code enforcement and 20.02.010 on code
interpretations contain cross-references to Title 15 (Fire), which has been
repealed when the fire code and building code were consolidated into Title 16.
The edits delete the references to Title 15.
(b) PTMC 2.14.050(C) on hearing examiner duties contains across-reference to
PTMC 8.04.272 on dangerous dogs. That section has been repealed. The edit is
to change PTMC 8.04.272 to "Chapter 8.04 PTMC, Article V" where hearings
and appeals are discussed.
(c) Ordinance 3026 renumbers PTMC 20.01.310 as 20.01.295. The edit is to
update the relevant cross-references in PTMC 20.01.235(E)(3), 20.01.260 and
20.02.050.
(d) PTMC 17.46.030 (Cottage Housing) was amended by Ordinances 3026 and
3035. Minor inconsistencies resulted. The inconsistencies are resolved by the
edits to PTMC 17.46.030 set forth at the end of this List under "Ordinance 3035
and 3026 Reconciled."
(e) PTMC 20.01.100(C) on requirement for permit applications begins, "In
addition to the requirements set forth in subsection A of this section...."
Subsection A is an introductory section, and the substantive requirements are set
forth in subsection B. The edit is to change "subsection A of this section" to read
"subsection B of this section."
(f) PTMC 20.01.100(C)(1) on permit applications and 20.02.010 on code
interpretations contain references building code requirements adopted by PTMC
16.04.010. In these two sections, the edit is to change the cross-references from
"16.04.010" to "16.04.020," since the building codes are adopted in PTMC
16.04.020.
(g) PTMC 19.05.050(H) changed an existing reference from "assessor" to
"auditor" (to accurately state where documents are recorded). In making the
change, the text, in adding "auditor," inadvertently did not strike out "assessor"
The edit is to delete "assessor," and leave in "auditor."
(2) Ordinance 3034 - 3034 -Height Overlay (March 1, 2010)
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Council 09/07/10)
The ordinance adds a Footnote (2) to the table in PTMC 17.28.030. The footnote
reads, in part, "...(and even though PTMC 17.28.040 provides that "in the event
of a conflict between the provision of the special height overlay district and the
provision of the underlying zone, the more restrictive height limit shall apply")."
The quoted text is not an exact quote of PTMC 17.28.040. The edit is to delete
the quotation marks.
(3) Ordinance 3035-Zoning Code Amendments (June 21, 2010)
Section 11 of the ordinance amended PTMC 18.08.020 to read: "The lot lines
separating two or more lots of record may only be adjusted under the provisions
of this chapter, except as provided under RCW 58.17.040, as now adopted or
hereafter amended." Only the first sentence of the section (the one being
amended) was set out in the ordinance. The question is whether the ordinance
intended to repeal the balance of the section. It did not (since the change in the
ordinance was only adding the "or more" to the first sentence). The edit is clarify
the section reads in its entirety, "The lot lines separating two or more lots of
record may only be adjusted under the provisions of this chapter, except as
provided under RCW 58.17.040, as now adopted or hereafter amended. Actions
which change or impair conditions or requirements imposed by previous platting
decisions must be accomplished pursuant to the subdivision requirements set
forth in this title; provided, that all requirements set forth in this chapter are met,
lot line adjustments proposing lot reorientations shall be deemed to be minor in
nature."
(4) Ordinance 3037 -Historic Preservation Code (Ch. 17.30 PTMC) (July 19,
2010)
(a) PTMC 17.30.100. The introductory paragraph of this section reads, "This
section applies to completed applications for a certificate of approval, except it
does not apply to completed applications for a certificate of approval [for]
alterations or changes to secondary residential structures, which do not require
HPC review and recommendation." The edit is to add the word "for" shown in the
[...].
(b) PTMC 17.30.158(A)(3). In the ordinance, this subsection contains
subsections (a), (b) and (c). Given that subsection (a) functions as an
introduction to (b) and (c), the edit is to combine subsection (a) with the
subsection header and to re-letter (b) and (c) as (a) and (b). The subsection now
reads:
" 3. Accessory Structures. Accessory structures such as garages, ADUs or
other similar structures shall be located to the rear or side of the subject
property consistent with the following requirements:
a. Proposed accessory structures shall be set back a minimum of 10 feet
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Council 09/07/10)
from the building line of the principal historic facade(s).
b. In the case of historic residences that are located on corner lots that
have two principal historic facades, accessory structures shall be
permitted on the side containing a principal historic facade; provided, that
their proposed location minimizes view blockage of the historic facade
from the adjacent public right-of-way."
(c) PTMC 17.30.159(6) contains atypo - it refers to a table at "Table 17.60.030"
(a non-existent table and reference). The edit is to change this to the correct
reference, namely, "Table 17.16.030."
(d) PTMC 17.30.320(A) reads,
"A. General Requirements. Prior to the partial or complete demolition (as
defined in PTMC 17.30.310) of a building or structure regulated under this
chapter, the applicant must obtain a certificate of approval for [both] the
proposed demolition."
This subsection was previously codified as PTMC 17.30.060(A), the end of which
read, "...the applicant must obtain a certificate of approval for both the proposed
demolition and any proposed replacement development." The edit is to omit the
word "both." Later sections provide the requirement for design review for a
replacement building only applies to the demolition of a commercial building (if
demolition is allowed for stated criteria) and not to residential buildings.
(c) Chapter 17.30 PTMC, Article III, Demolition Standards. Several of the
sections in this article contain references to "this section," which date back to
when several of these sections were codified together as PTMC 17.30.085. The
edit is to change the references so that they now read "this article." Edits are at
PTMC 17.30.340, 17.30.350, and 17.30.360(4) and (5).
(d) PTMC 17.30.400(C) reads, in part, "In the event the director determines a
structure [is experiencing demolition by neglect is occurring], the director is
authorized to give notice to the owner and/or person in charge of the specific
instances of failure to maintain or repair, in accordance with the procedures in
Chapter 1.20 PTMC, Code Administration and Enforcement." The edit is to
remove "is occurring" as extraneous language in the bracketed text.
(e) PTMC 17.30.400(C) reads, in part, "Except in cases of life-safety or
emergency, or in cases where the owner has ignored or failed to [copy] with past
notices, the director shall seek voluntary compliance and provide at least 60 days
for voluntary correction to occur or for a plan proposed by the owner with time
frames for correction to be approved by the director." The edit is to change the
bracketed word to "comply" to reflect the obvious intent.
(f) At PTMC 17.30.155(A)(2), the beginning of the second sentence of this
subsection reads, "Redevelopment and/or additions of to existing buildings..."
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Counci109f07/10)
The edit is to delete the word "of." (The word "of" does not belong after
"redevelopment" because redevelopment is not limited to redevelopment of
buildings, but can also include site redevelopment.)
(5) Ordinance 3038 -Bulk and Scale (July 19, 2010)
Table 17.16.030 is amended by Ordinances 3035 (June 21, 2010) and 3038
(July 19, 2010). In amending the Table, Ordinance 3038 did not refer to
amendments made by Ordinance 3035 (which could allow a statutory
interpretation argument that Ordinance 3038 impliedly repeated the amendments
in Ordinance 3035). The edit is to retain all the Ordinance 3035's amendments
("MINIMUM AVERAGE HOUSING DENSITY -units per 40,000 square foot area
row, the "MINIMUM LOT SIZE" row, the "MAXIMUM FENCE HEIGHT"" row, and
Footnote (1), and then follow Ordinance 3038.
(S) Ordinance 3039 -Building Code (June 7, 2010)
(a) Ordinance 3039 adopted the 2009 International 3uilding Code in Exhibit A to
the Ordinance. The Ordinance mistakenly also referred to a nonexistent Exhibit
B. The edit is to remove the reference to Exhibit B in Ordinance 3039.
(b) Ordinance 3039 (at PTMC 16.04.100) inadvertently cited to a section that had
been repealed and then amended by Ordinance 2952 (March 31, 2008). The
edit is to remove the incorrect citation (which reads: "Any person who violates
any provision of this Chapter shall be subject to the penalties and enforcement
provisions of Chapter 20.10 PTMC.") and replace it with the amended text
adopted in Ordinance 2952, which reads as follows:
"A. Director's Authority. Whenever the DSD director or his or her designee
("director") determines that a condition exists in violation of this chapter or
any standard required to be adhered to by this chapter, or in violation of
any permit issued hereunder, he or she is authorized to enforce the
provisions of this chapter.
B. Chapter 1.20 PTMC Applicable. All violations of any provision of this
chapter or incorporated standards, or of any permit or license issued
hereunder, are made subject to the provisions of Chapter 1.20 PTMC,
including but not limited to abatement, criminal penalty, and civil penalty,
which are incorporated by reference as if set forth herein."
(7) Other Item.
PTMC 9.09.060 (part of the Noise Code) is not amended by this batch of
ordinances, but it appears on one of the pages that is amended. The section
contains two incorrect cross-references to "Chapter 9.11 PTMC, Voluntary
Resolution Procedures." That edit is to change the incorrect reference to
"Chapter 2.82 PTMC Dispute Resolution Program."
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Council 09/07/10)
"Ordinance 3035 and 3026 Reconciled."
17.46.030 Applicability and Permit Review Process: Standards
Unless otherwise subiect to historic design review process in PTMC 17.30
(Historic Preservation), aAl{ projects in the C-{, C-II, C-II(H), CI/MU, and C-11lMU
zones, cottage housing
developments, as well as multifamily projects in any zone regardless of their
location or form of ownership ~~^F'^~•^'~•° ^^° ^"~°'^"^~~•~^^ ^~^ shall be subject
to the design review process contained within this chapter and processed in
below:
A. Tvpe IATrasIF~-Administrative Review Pursuant to PTMC 17.46.060.
1. Commercia{ and Mixed Use Projects.
a. New buildings, canopies or other structures that exceed 1,000 square
feet and are less than 4,000 square feet in size or no more than two stories
above Grade; or
b. Buildings, canopies, or other structures, the expansions of which either:
i. Exceed 1,000 square feet in size and are less than 4,000 square
feet; or
ii. Comprise a ground floor expansion exceeding 50 percent of an
existing building's ground floor square footage; or
c. Substantial alterations of existing structures, where the existing
structure exceeds 1,000 square feet and are less than 4.000 square feet;
d. Alterations to exterior facades of buildings that require a building permit,
(including but not limited to new or altered exterior electrical or mechanical
systems such as pole mounted or other light fixtures) excepting that not
including ordinary (i.e., nonemergency) maintenance and repair activities
may be granted; provided, (i) that a waiver of design review has first been
obtained from by the director. All work, even that qualifying for a waiver
from the review process, must be conducted in accordance with and (ii) all
applicable code requirements are met, including architectural design
standards of Chapter 17.44 criteria for buildings subject to review under this
chapter.
2. Multifamily projects
a. Including construction of apartments, townhouses, row houses or other
forms of
multifamily housing containing five to nine aS-units; or
Minor Housekeeping Changes to
Ordinances 3026, 3034, 3035, 3037, 3038 and 3039
(Adopted by Council 09/07/10)
b. Alterations to the exterior facades of buildings, (including but not limited
to new or altered exterior electrical or mechanical systems such as pole
mounted or other light fixtures) excepting that ordinary (i.e.,
nonemergency) maintenance and repair activities may be granted a
waiver of design review by the director. All work, even that qualifying for a
waiver from the review process, must be conducted in accordance with
applicable code requirements, including architectural design standards of
Chapter 17.36.
3. Cottage housing developments
Alterations to the exterior facades of buildings which are visible from
adjacent
properties or rights-of-way, including but not ;imited to new or altered
exterior electrical or mechanical systems such as pole mounted or other
light fixtures) excepting that ordinary (i.e., nonemergency) maintenance
and repair activities may be granted a waiver of design review by the
director, All work, even that qualifying for a waiver from the review
process, must be conducted in accordance with applicable code
requirements, including architectural design standards of Chapter 17.34.
From this point on -the revisions in 3026 are followed