HomeMy WebLinkAbout2522 Historic Preservation Commission Role in Land Use Permit Review
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Ordinance No. 2522
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
CHAPTER 2.72, HISTORIC PRESERVATION COMM:ISSION ("HPC"),
OF THE PORT TOWNSEND MUNICIPAL CODE, REVISING AND
CLARIFYING THE TITLE, ROLE AND RESPONSIBILITIES OF THE
HPC IN LAND USE PERMIT REVIEW
WHEREAS, the Historic Preservation Commission (HPC) serves the City of Port
Townsend by contributing the expertise of its members to land development and permit
review; and
WHEREAS, ESHB 1724 (the "Regulatory Reform Act") requires that the City
consolidate all quasi-judicial permit review and hold no more than one quasi-judicial hearing
on any permit application; and
WHEREAS, consistent with the permit processing procedures set forth in Chapter
20.01 PTMC, HPC's role and authority must be revised, consistent with ESHB 1724; and
WHEREAS, pursuant to ESHB 1724 and Chapter 20.01 PTMC, HPC's role is hereby
revised from a quasi-judicial status to an advisory committee, providing expertise to decision
makers in the City's permitting process. To clarify this change in responsibilities, the status of
the HPC shall be revised from a "commission" to a "committee;" and
WHEREAS, the City Council deems it necessary and in the public interest to revise
and clarify the role and responsibilities of the HPC in conformance with ESHB 1724, and to
ensure greater predictability for landowners seeking construction and land development permits
for properties located within the City's historic commercial district by requiring that HPC
review be based upon policies formal1y adopted by the City Council,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
Section 1. Chapter 2.72, Historic Preservation Commission, of the Port Townsend
Municipal Code is hereby amended to read as follows:
Ord. No. 2522
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TITLE 2
ADMINISTRA TION AND PERSONNEL
Chapters:
2.04
2.06
2.08
2.10
2.12
2.18
2.20
2.24
2.28
2.32
2.34
2.36
2.38
2.40
2.42
2.44
2.48
2.56
2.60
2.64
2.68
2.72
2.76
2.78
Council
City Clerk
Attorney
City Administrator
City Treasurer
Director of Public Works
Office Hours
Civil Defense Administration
Park and Recreation Commission
Planning Commission
Director of Building and Community Development
Police Department
Community Oriented Policing Advisory Board
Fire Department
Program of Achievement, Valor Recognition, and Longevity of Service Awards
Contractor Bonds
Withholding from Employees Pay
Alcoholic Rehabilitation
Medical Insurance for City Employees
Vacation and Sick Leave for City Employees
Arts Commission
Historic Preservation COlnmission Committee
Public Records Disclosure
Public Disclosure of Campaign Finance Reports
Chapter 2.72
HISTORIC PRESERVATION COMMISSION COMMITTEE
Sections:
2.72.010
2.72.020
2.72.030
2.72.040
2.72.045
2.72.050
2.72.060
2.72.070
Created.
Composition.
Terms of office.
Rules and officers.
Conflict of interest.
Meetings.
Authority and functions.
Eligible property.
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2.72.010 Created.
There is established a Port Townsend historic preservation commission committee, hereinafter
referred to as "the commission committee" and "HPc." (Ord. 2522 § 1, 1996; Ord. 2035 § 1,
1986).
2.72.020 Composition.
A. The Port Townsend historic preservation corn mission committee shall consist of seven
not less than five members and not more than seven members. Members of the Port Townsend
historic preservation conunission committee sha1l be appointed by the mayor and approved by
the city council and shall be residents of the city, except as otherwise provided in this chapter.
The members of the cornrnission committee shall include but not be limited to members of
history or preservation-related organizations such as historical societies, museums, heritage
groups, neighborhood organizations and civic groups involved in historical and architectural
development of the city, as well as members of professional bodies such as architects,
historians, attorneys, realtors, and financiers.
B. The commission shall always include at least one architect or design professional,
one mernber of the real estate profession, one hi5torian with background in 10Gal American
history or historic resource protection or an all historian with background in the history of <ùt
and architecture, and one member of an historic preservation organization. An exception to the
residency requirements of commission members may be granted by the mayor dnd city council
in order to obtain representatives from these disciplines. The teJll¡Jorary vacancy of one or
more of these four positions shall not re-nder invalid any commission action that would
othe. wise be valid had the vacancy not existed. All members of the commission committee
must have demonstrated interest in and knowledge of the historical or architectural
development of the city. In making appointment, the mayor may consider names submitted
from any source, but the mayor shall notify history and city development-related organizations
of vacancies so that names of interested and qualified individuals may be submitted by such
organizations for consideration along with names from any other source.
(Ord. 2522 § 1, 1996; Ord. 2035 § 2(a) and (b), 1986).
2.72.030 Terms of office.
The original appointment of n'lelnbers to the commission sha1l be as follows: Three members
for two years, two members for three yc-ars, and two members for four years. Thereafter,
Appointments to HPC shall be made for a three-year term. Vacancies shall be filled by the
mayor for the unexpired term in the same manner as the original appointment.
(Ord. 2522 §1, 1996; Ord. 2035 § 2(c), 1986).
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2.72.040 Rules and officers.
In accordance with WAC 25-15-050, The conunission committee shall establish and adopt its
own rules of procedure, and shall select from among its membership a chairperson and such
other officers as may be necessary to conduct the commission committee's business.
(Ord. 2522 §1, 1996; Ord. 2035 § 2(d), 1986).
2.72.045 Conflict of interest.
Members of the HPC shall disqualify themselves from sitting as a member of the HPC and
shaH not otherwise participate on behalf of themselves or any applicant in any HPC actions in
which they have an interest. An interest shaH be deemed to include, but not necessarily be
limited to, a member's own interest or the interest of a client, employer or family member.
(Ord. 2195 § 15, 1990).
2.72.050 Meetings.
The COllhllÌssion committee shaH should hold at least one annual meeting between November
October 1st and December 31st and any other number of meetings throughout the year as
required to fulfill the duties of the commission committee. All meetings shall be open to the
public. held and conducted in accordanc~ with the State Open Public Meetings Act, Chapter
42.30 RCW, as now or hereafter amended. (Ord. 2522 § 1, 1996; Ord. 2035 § 2(e), 1986).
2.72.060 Authority and functions.
A. Authority. The HPC is authorized to:
1. Serve as the local review board to exercise the functions and duties as defined
and authorized pursuant to Chapter 449, Washington State Laws of 1985, and Chapter 25-15
WAC, as now or hereafter amended;
2. Serve as the design review board to exercise the functions and duties defined and
authorized pursuant to this chapter;
3. Review proposals to develop, demolish or change development within the
historic district pursuant to Chapters 17.38 and 17.30 PTMC, and provide recommendations to
the building and community development department (BCD) to assist in city review of such
projects. In exercising its authority to review and comment upon land development permit
applications, the HPC serves as a citizen advisory committee and not as a Quasi-judicial
decisiQn-making body. BCD staff and the planning commission shall consider all HPC
comments and recommendations in reviewing permit applications, according great weight to
the comments and recommendations. HPÇ's role in the development process is further
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specified in Section 20.01. 110(C) PTMC; and
4. Adopt standards in its rules to be used to guide review of jJroposals and th~
issual1ce-of a certificat~ of review or waiver. Prepare or propose revisions to design review
guidelines for evaluating development proposals. Such proposed revisions shall be forwarded
to BCD for review and recommendation to the Planning Commission and the city council.
Design guidelines forming the basis of HPC review and recommendations must be formally
adopted by the city council.
B. Functions. In addition to the authority prescribed above, the HPC may to the extent
possible and at its discretion perform the fo1lowing functions:
1. Provide information to the public on incentives for preservation of historic
resources;
2. Review and comment upon the conduct and regulation of land use, development
and municipal improvements within the historic district;
3. Make recommendations to the mayor and city council upon request on matters of
city history and historic preservation;
4. Provide design guidelines and recommend resources upon request of an owner of
property within the historic district; and provide review and advice, upon the request of the
city council director of BCD (or design~), of applications for permits, variances,
environmental assessments or impact statements, and other similar approvals pertaining to
identified historic resources or adjacent properties;
5. Participate in, promote and conduct public information, educational and
interpretive programs pertaining to historic resources;
6. Provide information to the public on methods of maintaining and rehabilitating
historic properties. This may take the form of pamphlets, newsletters, workshops or similar
activities;
7. Establish liaison support, communication and cooperation with federal, state and
other local government entities which will further historic preservation objectives, including
public education, within the city area;
8. Review and comment to the planning commission and city council on land use,
housing, redevelopment, municipal improvement and other types of planning and programs
undertaken by any agency of the city, other neighboring communities, the county, the state or
federal governments, as they relate to historic resources within the historic district;
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9. Officially recognize excellence in the rehabilitation of historic buildings,
structures, sites and districts, and new construction in historic areas; and encourage appropriate
measures for such recognition;
10. Such other functions as directed by the mayor or city council.
(Ord. 2522 §1, 1996; Ord. 2195 § 14, 1990; Ord. 2035 § 3, 1986).
2.72.070 Eligible property for special tax valuation.
For the purposes of historic property tax valuation authorized as a duty of the commission
committee under PTMC 2.72.060A, the class of eligible property is:
A. Property within the city's C-III zoning district; and
B. Property within that area nominated to the National Register of Historic Places and
defined therein as pivotal, primary, secondary, altered historic, or recent compatible.
(Ord. 2522 §1, 1996; Ord. 2035 § 4, 1986).
Section 2. 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.
Read for the first, second, and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this 6th day of May, 1996.
~.(. /YJ'~ MtL_-<"'-
JuließtCul1och, Mayor
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Attest:
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05107/96 [95-080] Ord\{HPC272.doc}
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Ord. No.. 2522