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HomeMy WebLinkAbout3037 Historic Structure DemolitionOrdinance 3037 Historic Preservation Page 1 of 6 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 Page 2 of 6 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 Page 3 of 6 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 Page 4 of 6 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 Page 5 oj6 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. i ~ ~n nGn ~ •~,....,.., c,,......,.....t no.,.,.i:«:,.., cw-vruPrnavac nc .............. 17.30.070 Preapplication conference mandatory. 17.30.080 Application for certificate of approval. i ~ ~n noc ne.,..,..i :.:...........a....a.. 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. 1 t 1 1 1 +e a,.....,. 1:+:,.« r,... A oF:«eA .., D•rn,rr 1~z nnQC/n ~~ r r ~ ~ ~ '1 T 1 «..« +:..1 ,. «le+o Ae«...1:+ o :..« /. ... AeF.. r .ed ~.. DTi\rT!' 17 1!1 /1P G/n\\ e 1, i. __ .. .. 1+e....+:, r____ .«.. ,..7;F:..,,+:,.« _ `_ .. e __ ..,lel: ~, rol....~r:«.. " ...1 ,.F F e +1...+ .1 > .7 :F:.. «+1. ,. F e f ..+ L...: > ......... ..b . ... . 1l1:« ..+T. ,.+„ 1,. . ....... ..... .+,,,1 .:+L ..~ .:« +L. !` TT !' TTT 1 .R TT /D\ D //1Q~D//lQ/D\ « A D T .. . . A: ~+..:..+....F+6e L.:..+.. .. o.l ou ExhibitA to Ordinance 3037 Ch. 17.30 PTMC- Historic Preservation Page 6 of 44 • r,....«nn«a 1.:..+n.. +r, n :n .n,:n« ..+n«an..an .nl ,lnnn..:l.na vrnnr 1 7 2~ 1~: Z T 1 .7 .. '+1.:« + rrrza~ccccoc~icraxra i.n D iT xc-i~-rrioissiig - .7: n+..: n+n vxocraosv~ F+l.n 7.: n+,...:n ra~c xaocoxzo inf. .l'..+.:..+ ~...1 ~-a P.,...... ...... vi'orxa. «e.,...«..n .nn..n«n n ...e «o ~ .,. ....,., .~.1«.. ~.. .,,.,«..__. _ ~_ «______.._..__.« _.,_ x,__.___ . «.____ _____ _ ___, F A T 1 L nn+:,. ' n ..: « ,.F n«.. .. +l.n C n .nl ,. n. .l.n+n«+:nl n1+o..M:..., .. ` C L n T n«,l w: n+ 1 7 2z-i-~o- iocT n«:n nti,. n u « n+n«,l n..,l n «. .nl .. , ,7n..n«:1.e.7 .r_UTAdL 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.: ~+,...:.. 1 a• +.: n: n«a :n l:n+na n ....,;«oa . .,.le. nT,~+.._ 'I~ ~a n'ru,rr, ~ n r~ r 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. 'F ~ 1 «..+ 1.:«A:«.. F « ., ..1...«..o r~lfurof:~« ,.Ael ..« Ae«...1:+:..« YY a «~ a e 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). ya a ..., .............. DTA n!` 1 7 2n n0[/ A \\ L.. 1,..:1.7:..., .,,...a....,.~..«e ..e....1 ..•e.7 ...,.7e« ah:~L.... ,a„« tl.., ...,..1:,.....~ 1. 'C .,F ..«.««...,,.1 F « 1,,.~1, •1...., ..0.7 ,1e, ,.,.1:4:,.., . ..,.] ~ .,oo.~l 1` 'la'«,. ,. FF...:..1 „F ~., ..,.C ...,,,.7: r:.,.. •l,e 1,,.:1. li~.~_oFF. ,.:. .1 ..... ..l,..t,..., e.,t J b a > F 1. .7 a,. ~. ...7 .. 0..4 ..~F ..., f .,d:f:o.... « ..Fh..« tl... ., a,. «..«ti ..11., .. 1 1 a r...l,l...1..,,hle l,..aa:..,... „ ...«,,..r.,«e~ rn..i_ ^J4C n >; n ~n nn\ J a 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 " "''''_°"°:"" a :,,ti«..:....7:..:,7....1 1...:1.7:...:~ 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). ~ ~ 2n ~ rn n,...a m .............a w:~.,...:,, a:~aM... n:..,.a..l .. ~g ..a .. ..a...,.. A Tl.o F 11,...,:«,. l...a A: «.... ,.«e :Ae«tifivA .... «:.,.. t..l ....:....,«.. ..« .. e..,.«A..«., l..,.,. ~..L„e,.ti,.« 1? ,.C al.:.. ,~,.+:,.« f .. ,l..C. «:t: ,.«..\ +l.e ~ ..,1.:,.1. :e,] •l.e ExhibitA to Ordinance 3037 Ch. 17.30 PTMC- Historic Preservation Page 30 of 44 1 «D• 111 .. 1...:1.7: «.~~ ..,L.:..L.. ,. +1.,. 1.,..,7.........1.....E +l. e ,7;..+«:..+ 1...11«.....i.....F z. ~ e ~ ~~D ~ .,+~ «. ., 1...;1.7:«,..... L.:,.1, 1...... ..+..,.«....«,.L.:+,.,.+..~.. 1 ,... 1.: ~+...:.. 1 ,.~la . .7 1.' 1, mx¢--arix:v-n-a xxaxixs@ a •,.,.«:+., 1,«+ L.:, xargvocrx$ccSai,Tvac "n'xa .t. + 1,~ , cu xico.~ xxoc cc iim ~ 7:.,:.7.,.,11., 1:..:7.10 F:. a rxaom xx~~°c..6...... n <cc.__ __~___ ~s _____~_ 1__.:1,1.__ __A._L L__._ .Y _~___a_ L:_i __:....1 ,~.. ....,.L:a,...a....,.1 ~ypp~,,~...,, .,. ...............»............»...., b., ~., ..., t,.,._.,.,.~ .. .,,,..,. ~~__. _...., , , io°T7• 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 N N _O O v ~' ~, m T n a m N 7 Q Q a 0 o. 0 3 m .,. ti ': i ............................................................................_................................i.. i i3 i c~ Mf ~ a ~ i ~ -- o ~ i m O ~ ~ ~..: a .:: ................ ...:... i _ ~ ........................................_...........I..... i r ................ ..:.~_ ~ ;~NA~ v F= Q ~ ---- :: , ~~~ ~ i ~~$:~. i i...... . _._... i......._ ............._.................................................................._...................~..... i rte.. ............... i ,;~. i `N addition i ~ ~ i i - i .. __ i i }.._.. _.. _.. _ .._.. _.._.. _..~.. ~.. ~..T Street ROW ^ "`~' Principal Fagade and Addition viewed from Street ROW (Comer Property) m x _S e} N t~ O N .~- 0 N O n N 7 n m N Exhibit B to Ordinance 3037 Page 13 of 15 Exhibit C -Sample Departures for Historic Residences 1. Location of proposed additions; ~ I I ~ I I Addition i i ~ I ....... ~. 1 I ' ~' ..I.....j ....... 1 i i ..~5.~4~~ti'I4i., ~ I°i> '.. I ........ ~......._1. 1 I Permi ~. tted by Ordinance i ... E oc I e ~ ~... ~ a I ..I.....i.nun....n .. .. PY. . I I Departure required 2. Location of proposed accessory structures; I ... i : I I €: ;. I I I I ~ Il ii: ii'33' ~il'I: ' 1 is i~F~~F 11~ j$FF ill~l: 1 'i~ ~''I1,~1±it~~~ I I I ' ill: _......_.i .....................................".._....'........ I ..i-.. _.. _.._.. ~.. ~..~....l Permitted by Ordinance i 1 i i I I I {p p I it !' I ~ i'. , E:Y'~"ylri .i u, ii ~6!'fl I i ~: "ifi'; :.: i 2 31'x' ~ . .i..... .....~... ....~.......f .......................................... ., w.. _.. _.. _.. -.. ~.....i-.. -G Departure required July 12, 2010 Exhibit B to Ordinance 3037 Page 14 of 15 3. Building setbacks; ;- -; - _... ,..,.. ,: ,,:,:: ,~ ,.. ..,;i K,:; .~.:::~, ,;I ~ i ~ ': _.._i. _.._..~.. ~..~.. r..l. Permitted by Ordinance 4. Modulation requirements; -~- - _~.. _ 20' Permitted by Ordinance Min 2' Front porch matching ' neighborhood development pattern i ,. >.. i ;q . , .., ~.;. :. ., : :~; ,.. Ld~49n ~ I ~ ~ ...............o......... .. ......1 ..... _~... i. _..-.. .~...a.. Departure required _;_. ~. Departure required July 12, 2010 Exhibit B to Ordinance 3037 Page 15 of i5 6. Lot coverage requirements; _ _._. _. _. _. _._. _._. _._a_._.I ....i.......' ................... i I i ;~#iil:ss i~Iailli i"i. i41. tli::§ i ~ I~ill ~: i:! i:!!!i.; ;:zi~iji ~ i Max 35°to in R- i i ;; tlgg~s v{ i i i i' i! i ~ 13i 15S,i.,IY¢#:I : ! I Ili. ~ . 'kx:Y:S:~iEI Ikl : i~~s:~.:. Permitted by zoning 7. Daylight plane requirements. daylight plane 45 degrees property line 19'6" 5' side yard setback Permitted by Ordinance Departure required daylight plane i ..t. i 'f! I$I. is 45 degrees t II I~I§ i'e'izl I .t:i' ~ 30' height ;' I I ; ` - ~I I EI ~;~~I ~ I I ~ ~ fi¢~fi¢ oos ~ i ~ . R ~~ I I ISyI ~' ~il€ t~ 19'6 .i!~I.~~li~~'I~i~;!'I`':^ I I I I. I :iii I. ~ I 'k I. ': 'i ~4v€. ~~. I property line i;iltiEiBi~' rIH:4!t~''~ Il i6 5' side yard setback Departure required 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