Ordinance 339700006.900000
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ORDINANCE NO. 3397
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING TITLE 20 OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE BY THE ADDITION
OF A NEW CHAPTER 20.45 EDMONDS REGISTER OF
HISTORIC PLACES AND FIXING A TIME WHEN THE SAME
SHALL BE EFFECTIVE.
WHEREAS, after Public Hearing, the Edmonds City Council deems it to be in the
public interest to provide for the identification, evaluation and protection of historic resources
within the City of Edmonds for future generations through special valuation, a property tax
incentive, as provided in Chapter 84.26 RCW in order to:
A. Safeguard the heritage of the City as represented by those buildings, districts,
objects, sites and structures which reflect significant elements of Edmonds history;
B. Foster civic and neighborhood pride in the beauty and accomplishments of the
past, and a sense of identity based on the City of Edmonds' history;
C. Stabilize or improve the aesthetic and economic vitality and values of such sites,
improvements and objects;
D. Assist, encourage and provide incentives to private owners for preservation,
restoration, redevelopment and use of outstanding historic buildings, districts, objects,
sites and structures;
E. Promote and facilitate the early identification and resolution of conflicts between
preservation of historic resources and alternative land uses; and,
F. Conserve valuable material and energy resources by ongoing use and maintenance
of the existing built environment, and
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ordinance and
WHEREAS, the Edmonds Planning Board has recommended approval of this
WHEREAS, a Declaration of Nonsignificance has been issued by the City's
responsible official under the State Environmental Protection Act; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds City Code, Title 20, is hereby amended by the
addition of a new Chapter, 20.45 Edmonds Register of Historic Places to read as follows:
Title 20
REVIEW CRITERIA AND PROCEDURES
Chapter 20.45
EDMONDS REGISTER OF HISTORIC PLACES
Sections:
20.45.000
Definitions
20.45.010
Criteria for Determining Designation in the Register
20.45.020
Process for Designating Properties or Districts to the
Edmonds Historic Register
20.45.030
Removal of Properties from the Register
20.45.040
Effects of Listing on the Register
20.45.050
Review of Changes to Edmonds Register of Historic
Places Properties
20.45.060
Relationship to Zoning
20.45.070
Review and Monitoring of Properties for Special
Property Tax Valuation
20.45.080
Special Valuation Agreement.
20.45.090
Appeals
20.45.000
Definitions.
The following words and terms when used in this Chapter and in Chapter
10.90 of the Edmonds City Code, unless a different meaning clearly
appears from the context: .
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A.. "Edmonds Historic Inventory" or "Inventory" means the
comprehensive inventory of historic and prehistoric resources within the
boundaries of the City of Edmonds.
B. "Edmonds Historic Preservation Commission" or "Commission"
means the Commission created by Chapter 10.90 of the Edmonds City
Code.
C. "Edmonds Register of Historic Places ", "Local Register ", or
"Register means the listing of locally designated properties provided for in
Chapter 20.45.010.
D. "Actual Cost of Rehabilitation" means costs incurred within
twenty -four months prior to the date of application and directly resulting
from one or more of the following: a) improvements to an existing
building located on or within the perimeters of the original structure; or b)
improvements outside of but directly attached to the original structure
which are necessary to make the building fully useable but shall not
include rentable/habitable floor space attributable to new construction; or
c) architectural and engineering services attributable to the design of the
improvements; or all costs defined as "qualified rehabilitation
expenditures" for purposes of the federal historic preservation investment
tax credit.
E. A "building" is a structure constructed by human beings. This
includes both residential and nonresidential buildings, main and accessory
buildings. .
F. "Certificate of Appropriateness" means the document reflecting
that the Commission has reviewed the proposed changes to a local register
property or within a local register historic district and certified the changes
as not adversely affecting the historic characteristics of the property which
contribute to its designation.
G. "Certified Local Government" or "CLG" means the designation
reflecting that the local government has been jointly certified by the State
Historic Preservation Officer and the National Park Service as having
established its own historic preservation Commission and a program
meeting Federal and State standards.
H. "Class of properties eligible to apply for Special Valuation in
Edmonds means all properties listed on the National Register of Historic
Places or certified as contributing to a National Register Historic District
which have been substantially rehabilitated at a cost and within a time
period which meets the requirements set forth in Chapter 84.26 RCW,
until the City becomes a Certified Local Government (CLG). Once a
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CLG, the class of properties eligible to apply for Special Valuation in
Edmonds means all properties listed on the Edmonds and/or National
Register of Historic Places or properties certified as contributing to an
Edmonds and/or National Register Historic District which have been
substantially rehabilitated at a cost and within a time period which meets
the requirements set forth in Chapter 84.26 RCW.
I. "Cost" means the actual cost of rehabilitation, which cost shall be
at least twenty -five percent of the assessed valuation of the historic
property, exclusive of the assessed value attributable to the land, prior to
rehabilitation.
J. A "district" is a geographically definable area urban or rural, small
or large - possessing a significant concentration, linkage or continuity of
sites, buildings, structures and/or objects united by past events or
aesthetically by plan or physical development.
K. `;Emergency repair" means work necessary to prevent destruction
or dilapidation to real property or structural appurtenances thereto
immediately threatened or damaged by fire, flood, earthquake or other
disaster.
L. "Historic property" means real property together with
improvements thereon, except property listed in a register primarily for
objects buried below ground, which is listed in a local register of a
Certified Local Government or the National Register of Historic Places.
M. "Incentives" are such rights or privileges or combination thereof
which the City Council, or other local, state or federal public body or
agency, by virtue of applicable present or future legislation, may be
authorized to grant or obtain for the owner(s) of Register properties.
Examples of economic incentives include but are not limited to tax relief,
conditional use permits, rezoning, street vacation, planned unit
development, transfer of development rights, fagade easements, gifts,
preferential leasing policies, beneficial placement of public improvements
or amenities, or the like.
N. "Local Review Board ", or "Board" used in Chapter 84.26 RCW
and Chapter 254 -20 WAC for the special valuation of historic properties
means the Commission created in Chapter 10.90 ECC.
O. "Mitigate" means to alleviate, compensate for or otherwise lessen
the effects of a loss of an Edmonds Register property through conditions
determined by the Commission or other designated method.
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P. "National Register of Historic Places" means the national listing of
properties significant to our cultural history because of their documented
importance to our history, architectural history, engineering, or cultural
heritage.
Q. An "object" is a thing of functional, aesthetic, cultural, historical,
or scientific value that may be, by nature or design, movable yet related to
a specific setting or environment.
R. "Ordinary repair and maintenance" means work for which a permit
issued by the City is not required by law, and where the purpose and effect
of such work is to correct any deterioration or decay of or damage to the
real property or structure appurtenance therein and to restore the same, as
nearly as may be practicable, to the condition prior to the occurrence of
such deterioration, decay, or damage.
S. "Owner" of property is the fee simple owner of record as exists on
the Snohomish County Assessor's records.
T. "Significance" or "significant" used in the context of historic
significance means the following: a property with local, state, or national
significance is one which helps in the understanding of the history of the
local area, state, or nation (whichever is applicable) by illuminating the
local, statewide, or nationwide impact of the events or persons associated"
with the property, or its architectural type or style in information potential.
The local area can include Edmonds, Snohomish County, or the Puget
Sound Region, or a modest geographic or cultural area, such as
neighborhood. Local significance may apply to a property that illustrates
a theme that is important to one or more localities; state significance to a
theme important to the history of the state; and national significance to
property of exceptional value in representing or illustrating an important
theme in the history of the nation.
U. A "site" is a place where a significant event or pattern of events
occurred. It may be the location of prehistoric or historic occupation or
activities that may be marked by physical remains; or it may be the
symbolic focus of a significant event or pattern of events that may not
have been actively occupied. A site may be the location of ruined or now
nonexistent building or structure of the location itself possesses historic
cultural or archaeological significance.
V. "Special Valuation for Historic Properties" or "Special Valuation"
means the local option program which when implemented makes available
to property owners a special tax valuation for rehabilitation of historic
properties under which the assessed value of an eligible historic property
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is determined at a rate that excludes, for up to ten years, the actual cost of
the rehabilitation. (Chapter 84.26 RCW)
W. "State Register of Historic Places" means the state listing of
properties significant to the community, state, or nation but which may or
may not meet the criteria of the National Register.
X. A "structure" is a work made up of interdependent and interrelated
parts in a definite pattern of organization. Generally constructed by man,
it is often an engineering project.
Y. "Universal Transverse Mercator" or "UTM" means the grid zone
in metric measurement providing for an exact point of numerical
reference.
Z. "Waiver of a Certificate of Appropriateness" or "Waiver" means
the document indicating that the Commission has reviewed the proposed
whole or partial demolition of a local register property or in a local
register historic district and failing to find alternatives to demolition has
issued a waiver of a Certificate of Appropriateness which allows the
building or zoning official to issue a permit for demolition.
AA. "Washington State Advisory Council's Standards for the
Rehabilitation and Maintenance of Historic Properties" or "State
Advisory's Council's Standards" means the rehabilitation and
maintenance standards used by the Edmonds Historic Preservation
Commission as minimum requirements for determining whether or not a
historic property is eligible for special valuation and whether or not the
property continues to be eligible for special valuation once it has been so
classified.
20.45.010 Criteria for Determining Designation in the Register.
Any building, structure, site, object or district may be designated for
inclusion in the Edmonds Register of Historic Places if it is significantly
associated with the history, architecture, archaeology, engineering or
cultural heritage of the community; if it has integrity; is at least 50 years
old, or is of lesser age and has exceptional importance; and if it falls in at
least one of the following categories.
A. Is associated with events that have made a significant contribution
to the broad patterns of national, state or local history.
B. Embodies the distinctive architectural characteristics of a type,
period, style or method of design or construction, or represents a
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significant and distinguishable entity whose components may lack
individual distinction.
C. Is an outstanding work of a designer, builder or architect who has
made a substantial contribution to the art.
D. Exemplifies or reflects special elements of the City's cultural,
special, economic, political, aesthetic, engineering or architectural history.
E. Is associated with the lives of persons significant in national, state
or local history.
F. Has yielded or may be likely to yield important archaeological
information related to history or prehistory.
G. Is a building or structure removed from its original location but
which is significant primarily for architectural value, or which is the only
surviving structure significantly associated with a historic person or event.
H. Is a birthplace or grave of a historical figure of outstanding
importance and is the only surviving structure or site associated with that
person.
I. Is a cemetery which derives its primary significance from age,
from distinctive design features, or from association with historic events
or cultural patterns.
J. Is a reconstructed building that has been executed in a historically
accurate manner on the original site.
K. Is a creative and unique example of folk architecture and design
created by persons not formally trained in the architectural or design
professions, and which does not fit into formal architectural or historical
categories, the designation shall include description of the boundaries.
20.45.020 Process for Designating Properties or Districts to the
Edmonds Historic Register.
A. Any person may nominate a building, structure, site, object or
district for inclusion in the Edmonds Register of Historic Places.
Members of the Historic Preservation Commission or the Commission as a
whole may generate nominations. In its designation decision, the
Commission shall consider the Edmonds Historic Inventory and the City's
Comprehensive Plan.
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B. In the case of individual properties, the designation shall include
the UTM reference and all features- interior and exterior -and outbuildings
which contribute to its designation.
C. In the case of districts; the characteristics of the district which
justifies its designation; and a list of all properties including features,
structures, sites and objects which contribute to the designation of the
district.
D. The Historic Preservation Commission shall consider the merits of
the nomination, according to the criteria in Section 20.45.010 and
according to the nomination, review standards established in rules, at a
public meeting. Adequate notice will be given to the public, the owner(s)
and the authors of the nomination, if different, and lessees, if any, of the
subject property prior to the public meeting according to standards for
public meetings established in rules and in compliance with Chapter 42.30
RCW, Open Public Meetings Act. Such notice shall include publication in
the City's official newspaper of general circulation and posting of the
property. If the Commission finds that the nominated property is eligible
for the Edmonds Register of Historic Places, the Commission shall make
recommendation to the City Council that the property be listed in the
register with owner's consent. In the case of historic districts, the
Commission RESEARCH AND RECOMMEND, AND THE CITY
COUNCIL SHALL ADOPT BY ORDINANCE, A PERCENTAGE OF
PROPERTY OWNERS - WHICH IS DEEMED ADEQUATE TO
DEMONSTRATE OWNER CONSENT. The public, property owner(s)
and the authors of the nomination, if different, and lessees, if any, shall be
notified of the listing.
5. Properties listed on the Edmonds Register of Historic Places shall
be recorded on official zoning records with an "HR" (for Historic
Register) designation. This designation shall not change or modify the
underlying zone classification.
20.45.030 Removal of Properties from the Register.
In the event that any property is no longer eligible for listing on the
Edmonds Register of Historic Places, the Commission may initiate
removal from such designation by the same procedure as provided for
establishing the designation, Section 20.45.020. A property may be
removed from the Edmonds Register without the owner's consent.
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20.45.040 Effects of Listing on the Register.
A. Listing on the Edmonds Register of Historic Places is an honorary
designation denoting significant association with the historic,
archaeological, engineering or cultural heritage of the community.
Properties are listed individually or as contributing properties to a historic
district.
B. Prior to the commencement of any work on a register property,
excluding ordinary repair and maintenance and emergency measures
defined in Section 20.45.000(K) and (R), the owner must request and
receive a Certificate of Appropriateness from the Commission for the
proposed work. Violation of this rule shall be grounds for the
Commission to review the property for removal from the register.
C. Prior to whole or partial demolition of a register property, the
owner must request and receive a waiver of a Certificate of
Appropriateness.
D. Once Edmonds is certified as a Certified Local Government
(CLG), all properties listed on the Edmonds Register of Historic Places
may be eligible for a special tax valuation on their rehabilitation (Section
20.45.070).
20.45.050. Review of Changes to Edmonds Register of Historic
Places Properties.
A. Review Required
No person shall change the use, construct any new building or structure, or
reconstruct, alter, restore, remodel, repair, move or demolish any existing
property on the Edmonds Register of Historic Places or within a historic
district on the Edmonds Register of Historic Places without review by the
Commission and without receipt of a Certificate of Appropriateness, or in
the case of demolition, a waiver, as a result of the review.
The review shall apply to all features of the property, interior and exterior,
that contribute to its designation and are listed on the nomination form.
Information required by the Commission to review the proposed changes
are established in rules.
B. Exemptions
The following activities do not require a Certificate of Appropriate or
review by the Commission: ordinary repair and maintenance -which
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includes painting -or emergency measures defined in Section 20.45.000
(K)
C.. Review Process
1. Requests for Review and Issuance of a Certificate of
Appropriateness or Waiver.
The building or zoning official shall report any application for a
permit to work on a designated Edmonds Register property or in a
Edmonds Register historic district to the Commission. If the
activity is not exempt from review, the Commission shall notify
the applicant of the review requirements. The building or zoning
official shall not issue any such permit until a Certificate of
Appropriateness or a waiver is received from the Commission but
shall work with the Commission in considering building and fire
code requirements.
2. Commission Review.
The owner or his/her agent (architect, contractor, lessee, etc.) shall
apply to the Commission for a review of proposed changes on a
Edmonds Register property and request a Certificate of
Appropriateness or, in the case of demolition, a waiver. Each
application for review of proposed changes shall be accompanied
by such information as is required by the Commission established
'in its rules for the proper review of the proposed project.
The Commission shall meet with the applicant and review the
proposed work according to the design review criteria established
in rules. Unless legally required, there shall be no notice, posting
or publication requirements for action on the application, but all
such actions shall be made at regular meetings of the Commission.
The Commission shall complete its review and make its
recommendations within thirty (30) days of the date of receipt of
the application. If the Commission is unable to process the
request, the Commission may ask for an extension of time.
The Commission's recommendations shall be in writing and shall
state the findings of fact and reasons relied upon in reaching its
decision. Any conditions agreed to by the applicant in this review
process shall become conditions of approval of the permits
granted. If the owner agrees to the Commission's
recommendations, a Certificate of Appropriateness shall be
awarded by the Commission according to standards established in
the Commission's rules.
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The Commission's recommendations and, if awarded, the
Certificate of Appropriateness shall be transmitted to the building
or zoning official. If a Certificate of Appropriateness is awarded,
the building or zoning official may then issue the permit.
3. Demolition.
A waiver of the Certificate of Appropriateness is required before a
permit may be issued to allow whole or partial demolition of a
designated Edmonds Register property or in a Edmonds Register
historical district. The owner or his /her agent shall apply to the
Commission for a review of the proposed demolition and request a
waiver. The applicant shall meet with the Commission in an
attempt to find alternatives to demolition. These negotiations may
last no longer than 45 days from the initial meeting of the
Commission, unless either party requests an extension. If no
request for an extension is made and no alternative to demolition
has been agreed to, the Commission shall act and advise the
official in charge of issuing a demolition permit of the
Commission's decision on the waiver of a Certificate of
Appropriateness. Conditions in the case of granting a demolition
permit may include allowing the Commission up to 45 additional
days to develop alternatives to demolition. When issuing a waiver
the Commission may require the owner to mitigate the loss of the
Edmonds Register property by means determined by the
Commission at the meeting. Any conditions agreed to by the
applicant in this review process shall become conditions of
approval of the permits granted. After the property is demolished,
the Commission shall initiate removal of the property from the
register.
4. Appeal of the Commission's decision on a Waiver of a
Certificate of Appropriateness.
The Commission's decision regarding a waiver of a Certificate of
Appropriateness may be appealed to the City Council within
fourteen (14) calendar days. The appeal must state the grounds
upon which the appeal is based.
The appeal shall be reviewed by the Council only on the records of
the Commission. Appeal of Council's decision regarding a waiver
of a Certificate of Appropriateness may be appealed to Superior
Court.
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20.45.060 Relationship to Zoning.
Properties designated to the Register shall be subject to the provisions set
forth herein, as well as the bulk, use, setback and other controls of the
zoning district in which they are located. Nothing contained herein shall
be construed to be repealing, modifying or waiving any zoning provisions.
20.45.070. Review and Monitoring of Properties for Special
Property Tax Valuation
A. Timelines
1. The assessor forwards the application(s) to the
Commissions.
2. The Commission reviews the application(s), consistent with
its rules of procedure, and determines if the application(s) are
complete and if the properties meet the criteria set forth in WAC
254 -20- 070(1) and listed in Section 20.45.010 of this ordinance.
a. If the Commission finds the properties meet all the
criteria, then it may recommend that the City, through its Mayor,
enter into a Historic Preservation Special Valuation Agreement (set
forth in WAC 254 -20 -120 and in Section 20.45.000 (v.) of this
ordinance) with the owner. Upon execution of the agreement
between the owner and Commission, the Commission approves the
application(s).
b. If the Commission determines the properties do not
meet all the criteria, then it shall deny the application(s).
3. The Commission certifies its decisions in writing and states
the facts upon which the approvals or denials are based and files
copies of the certifications with the assessor.
4. For approved applications:
a. The Commission forwards copies of the
agreements, applications and supporting documentation (as
required by WAC 254 -20 -090 (4) and identified in subsection C(2)
below of this ordinance) to the assessor,
b. notifies the state review board that the properties
have been approved for special valuation; and
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C. monitors the properties for continued compliance
with the agreements throughout the 10 year special valuation
period.
5. The Commission determines, in a manner consistent with
its rules of procedure, whether or not properties are disqualified
from special valuation either because of.
a. The owner's failure to comply with the terms of the
agreement, or
b. because of a loss of historic value resulting from
physical changes to the building or site.
6. For disqualified properties, in the event that the
Commission concludes that a property is no longer qualified for
special valuation, the Commission shall notify the owner, assessor
and state review board in writing and state the facts supporting its
findings.
B. Criteria
1. Historic Property Criteria:
The class of historic property eligible to apply for Special
Valuation in Edmonds means all properties listed on the National
Register of Historic Places or certified as contributing to a'National
Register Historic District which have been substantially
rehabilitated at a cost and within a time period which meets the
requirements set forth in Chapter 84.26 RCW, until Edmonds
becomes a Certified Local Government (CLG). Once a CLG, the
class of property eligible to apply for Special Valuation in
Edmonds means all properties listed on the Edmonds and/ or
National Register of Historic Places or properties certified as
contributing to a Edmonds and/or National Register Historic
District which have been substantially rehabilitated at a cost and
within a time period which meets the requirements set forth in
Chapter 84.26 RCW.
2. Application Criteria:
Complete applications shall consist of the following
documentation:
a. A legal descriptive of the historic property,
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b. comprehensive exterior and interior photographs of
the historic property before and after rehabilitation,
C. architectural plans or other legible drawings
depicting the completed rehabilitation work,
d. a notarized affidavit attesting to the actual cost of
the rehabilitation work completed prior to the date of application
and the period of time during which the work was performed and
documentation of both to be made available to the Commission
upon request, and
e. or properties located within historic districts, in
addition to the standard application documentation, a statement
from the Secretary of the Interior or appropriate local official, as
specified in local administrative rules or by the local government,
indicating the property is a certified historic structure is required.
3. Property Review Criteria:
In its review the Commission shall determine if the properties meet
all the following criteria:
a. The property is historic property;
b. the property is included within a class of historic
property determined eligible for special valuation by the City
under this Section;
. C. the property has been rehabilitated at a cost which
meets the definition set forth in RCW 84.26.020(2) (and identified
in Section 20.45.000 (I) of this ordinance) within twenty -four
months prior to the date of application; and
d. the property has not been altered in any way which
adversely affects those elements which qualify it as historically
significant as determined by applying the Washington State
Advisory Council's Standards for the Rehabilitation and
Maintenance of Historic Properties (WAC 254 -20 -100 (1) and
listed in Section 20.45.000 (1) of this ordinance).
4. Rehabilitation and Maintenance Criteria:
The Washington State Advisory Council's Standards for the
Rehabilitation and Maintenance of Historic Properties in WAC
254 -20 -100 shall be used by the Commission as minimum
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requirements for determining whether or not a historic property is
eligible for special valuation and whether or not the property
continues to be eligible for special valuation once it has been so
classified.
20.45.080 Special Valuation- Agreement.
The historic preservation special valuation agreement in WAC 254 -20 -120
shall be used by the Commission as the minimum agreement necessary to
comply with the requirements of RCW 84.26.050 (2).
20.45.090 Appeals.
Any decision of the Commission acting on any application for
classification as historic property, eligible for special valuation, may be
appealed to Superior Court under Chapter 34.04.130 RCW in addition to
any other remedy of law. Any decision on the disqualification of historic
property eligible for special valuation, or any other dispute, may be
appealed to the County Board of Equalization.
Section 1. This ordinance, being an exercise of a power specifically delegated to
the City legislative body, is not subject to referendum, and shall take effect five (5) days after
passage and publication of an approved summary thereof consisting of the title.
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO F RM:
OFFICE OFT E Y AT O Y:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3397
APPROVED:
ZL'/��
MAYO, —6 HAAKENSON
05/03/2002
05/07/2002
05/12/2002
05/17/2002
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SUMMARY OF ORDINANCE NO. 3397
of the City of Edmonds, Washington
On the 7th day of May, 2002, the City Council of the City of Edmonds, passed
Ordinance No. 3397. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING TITLE 20
OF THE EDMONDS COMMUNITY DEVELOPMENT CODE BY THE ADDITION OF A
NEW CHAPTER 20.45 EDMONDS REGISTER OF HISTORIC PLACES AND FIXING A
TIME WHEN THE SAME SHALL BE EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 8th day of May 2002.
CITY CLERK, SANDRA S. CHASE
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Easements of Public Utilities
on or
Adopted by Reference zcted upon
[ Ordinance # 3347 on S- �'�aZ 1• Prior: 1929
City Clerk n easement or
such easement
shall not be chargeable with any tax levied upon such
easement or the property constructed upon or occupying such
easement and shall not be sold for the nonpayment of any
such tax. [1961 c 15 § 84.20.040. Prior: 1929 c 199 § 4;
RRS § 11191.1
84.20.050 Railroads excepted. This chapter shall not
apply to railroad easements or property. [ 1961 c 15 §
84.20.050. Prior: 1929 c 199 § 5; RRS § 11192.1
Chapter 84.26
HISTORIC PROPERTY
Sections
84.26.010 Legislative findings.
84.26.020 Definitions.
84.26.030 Special valuation criteria.
84.26.040 Application —Fees.
84.26.050 Referral of application to local review board—Agreement-
Approval or denial.
84.26.060 Notice to assessor of approval -- Certification and filing—
Notation of special valuation.
84.26.070 Valuation.
84.26.080 Duration of special valuation— Notice of disqualification.
84.26.090 Disqualification for valuation— Additional tax —Lien-
Exceptions from additional tax.
84.26.100 Payment of additional tax — Distribution.
84.26.110 Special valuation— Request for assistance from state historic
preservation officer authorized.
84.26.120 Rules.
84.26.130 Appeals from decisions on applications.
84.26.900 Severability -1985 c 449.
84.26.010 Legislative findings. The legislature finds
and declares that it is in the public interest of the people of
the state of Washington to encourage maintenance, improve-
ment, and preservation of privately owned historic landmarks
as the state approaches its Centennial year of 1989. To
achieve this purpose, this chapter provides special valuation
for improvements to historic property. [1985 c 449 § 1.1
84.26.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Historic property" means real property together
with improvements thereon, except property listed in a
register primarily for objects buried below ground, which is:
(a) Listed in a local register of historic places created by
comprehensive ordinance, certified by the secretary of the
interior as provided in P.L. 96 -515; or
(b) Listed in the national register of historic places.
(2) "Cost" means the actual cost of rehabilitation, which
cost shall be at least twenty -five percent of the assessed
valuation of the historic property, exclusive of the assessed
value attributable to the land, prior to rehabilitation.
(3) "Special. valuation" means the determination of the
assessed value of the historic property subtracting, for up to
84.20.030
ten years, such cost as is approved by the local review
board.
(4) "State review board" means the advisory council on
historic preservation established under chapter 27.34 RCW,
or any successor agency designated by the state to act as the
state historic preservation review board under federal law.
(5) "Local review board" means a local body designated
by the local legislative authority.
(6) "Owner" means the owner of record.
(7) "Rehabilitation" is the process of returning a
property to a state of utility through repair or alteration,
which makes possible an efficient contemporary use while
preserving those portions and features of the property which
are significant to its architectural and cultural values. [1986
c 221 § 1; 1985 c 449 § 2.]
84.26.030 Special valuation criteria. Four criteria
must be met for special valuation under this chapter. The
property must:
(1) Be an historic property;
(2) Fall within a class of historic property determined
eligible for special valuation by the local legislative authori-
ty;
(3) Be rehabilitated at a cost which meets the definition
set forth' in RCW 84.26.020(2) within twenty -four months
prior to the application for special valuation; and
(4) Be protected by an agreement between the owner
and the local review board as described in RCW
84.26.050(2). [1986 c 221 § 2; 1985 c 449 § 3.1
84.26.040 Application —Fees. An owner of property
desiring special valuation under this chapter shall apply to
the assessor of the county in which the property is located
upon forms prescribed by the department of revenue and
supplied by the county assessor. The application form shall
include a statement that the applicant is aware of the
potential tax liability involved when the property ceases to
be eligible for special valuation. Applications shall be made
no later than October 1 of the calendar year preceding the
first assessment year for which classification is requested.
The assessor may charge only such fees as are necessary to
process and record documents pursuant to this chapter.
[1986 c 221 § 3; 1985 c 449 § 4.]
84.26.050 Referral of application to local review
board— Agreement— Approval or denial. (1) Within ten
days after the filing of the application in the county
assessor's office, the county assessor shall refer each
application for classification to the local review board.
(2) The review board shall approve the application if the
property meets the criterion of RCW 84.26.030 and is not
altered in a way which adversely affects those elements
which qualify it as historically significant, and the owner
enters into an agreement with the review board which
requires the owner for the ten -year period of the classifica-
tion to:
(a) Monitor the property for its continued qualification
for the special valuation;
(b) Comply with rehabilitation plans and minimum
standards of maintenance as defined in the agreement;
(2000 Ed.) [Title 84 RCW —page 231
T 84.26.050
Title 84 RCW: Property Taxes
(c) Make the historic aspects of the property accessible
to public view one day a year, if the property is not visible
from the public right of way;
(d) Apply to the local review board for approval or
denial of any demolition or alteration; and
(e) Comply with any other provisions in the original
agreement as may be appropriate.
(3) Once an agreement between an owner and a review
board has become effective pursuant to this chapter, there
shall be no changes in standards of maintenance, public
access, alteration, or report requirements, or any other
provisions of the agreement, during the period of the
classification without the approval of all parties to the
agreement.
(4) An application for classification as an eligible
historic property shall be approved or denied by the local
review board before December 31 of the calendar year in
which the application is made.
(5) The local review board is authorized to examine the
records of applicants. [1986 c 221 § 4; 1985 c 449 § 5.]
84.26.060 Notice to assessor of approval —
Certification and filing— Notation of special valuation.
(1) The review board shall notify the county assessor and the
applicant of the approval or denial of the application.
(2) If the local review board determines that the
property qualifies as eligible historic property, the review
board shall certify the fact in writing and shall file a copy of
the certificate with the county assessor within ten days. The
certificate shall state the facts upon which the approval is
based.
(3) The assessor shall record the certificate with the
county auditor.
(4) The assessor, as to any historic property, shall value
the property under RCW 84.26.070 and, each year the
historic property is classified and so valued, shall enter on
the assessment list and tax roll that the property is being
specially valued as historic property. [1985 c 449 § 6.]
84.26.070 Valuation. (1) The county assessor shall,
for ten consecutive assessment years following the calendar
year in which application is made, place a special valuation
on property classified as eligible historic property.
(2) The entitlement of property to the special valuation
provisions of this section shall be determined as of January
1. If property, becomes disqualified for the special valuation
for any reason, the property shall receive the special valua-
tion for that part of any year during which it remained
qualified or the owner was acting in the good faith belief
that the property was qualified.
(3) At the conclusion of special valuation, the cost shall
be considered as new construction. [1986 c 221 § 5; 1985
c449 §7.]
84.26.080 Duration of special valuation— Notice of
disqualification. (1) When property has once been classi-
fied and valued as eligible historic property, it shall remain
so classified and be granted the special valuation provided
by RCW 84.26.070 for ten years or until the property is
disqualified by:
[Title 84 RCW —page 241.
(a) Notice by the owner to the assessor to remove the
special valuation;
(b) Sale or transfer to an ownership making it exempt
from property taxation; or
(c) Removal of the special valuation by the assessor
upon determination by the local review board that the
property no longer qualifies as historic property or that the
owner has failed to comply with the conditions established
under RCW 84.26.050.
(2) The sale or transfer to a new owner or transfer by
reason of death of a former owner to a new owner does not
disqualify the property from the special valuation provided
by RCW 84.26.070 if:
(a) The property continues to qualify as historic proper-
ty; and
(b) The new owner files a notice of compliance with the
assessor of the county in which the property is located.
Notice of compliance forms shall be prescribed by the state
department of revenue and supplied by the county assessor.
The notice shall contain a statement that the new owner is
aware of the special valuation and of the potential tax
liability involved when the property ceases to be valued as
historic property under this chapter. The signed notice of
compliance shall be attached to the real estate.excise tax
affidavit provided for in RCW 82.45.150. If the notice of
compliance is not signed by the new owner and attached to
the real estate excise tax affidavit, all additional taxes
calculated pursuant to RCW 84.26.090 shall become due and
payable by the seller or transferor at time of sale. The
county auditor shall not accept an instrument of conveyance
of specially valued historic property for filing or recording
unless the new owner has signed the notice of compliance or
the additional tax has been paid, as evidenced by the real
estate excise tax stamp affixed thereto by the treasurer.
(3) When the property ceases to qualify for the special
valuation the owner shall immediately notify the state or
local review board.
(4) Before the additional tax or penalty imposed by
RCW 84.26.090 is levied, in the case of disqualification, the
assessor shall notify the taxpayer by mail, return receipt
requested, of the disqualification. [2000 c 103 § 22; 1999 c
233 § 19; 1986 c 221 § 6; 1.985 c 449 § 8.]
Effective date -1999 c 233: See note following RCW 4.28.320.
84.26.090 Disqualification for valuation — Additional
tax— Lien — Exceptions from additional tax. (1) Except as
provided in subsection (3) of this section, whenever property
classified and valued as eligible historic property under
RCW 84.26.070 becomes disqualified for the valuation, there
shall be added to the tax an additional tax equal to:
(a) The .cost multiplied by the levy rate in each year the
property was subject to special valuation; plus
(b) Interest on the amounts of the additional tax at the
statutory rate charged on delinquent property taxes from the
dates on which the additional tax could have been paid
without penalty if the property had not been valued as
historic property under this chapter; plus
(c) A penalty equal to twelve percent of the amount
determined in (a) and (b) of this subsection.
(2) The additional tax and penalties, together with
applicable interest thereon, shall become a lien on the
(2000 Ed.)
i
I �
Historic Property
property which shall have priority to and shall be fully paid
and satisfied before any recognizance, mortgage, judgment,
debt, obligation, or responsibility.to or with which the
property may become charged or liable.
(3) The additional tax, interest, and penalty shall not be
imposed if the disqualification resulted solely from:
(a) Sale or transfer of the property to an ownership
making it exempt from taxation;
(b) Alteration or destruction through no fault of the
owner; or
(c) A taking through the exercise of the power of
eminent domain. [1986 c 221 § 7; 1985 c 449 § 9.]
84.26.100 Payment of additional tax— Distribution.
The additional tax, penalties, and /or interest provided by
RCW 84.26.090 shall be payable in full thirty days after the
date which the treasurer's statement therefor is rendered.
Such additional tax when collected shall be distributed by
the county treasurer in the same manner in which current
taxes applicable to the subject land are distributed. [1985 c
449 § 10.1 .
84.26.110 Special valuation — Request for assistance
from state historic preservation officer authorized. The
local legislative authority and the local review board may
request the assistance of the state historic preservation officer
in conducting special valuation activities. [1985 c 449 § 11.]
84.26.120 Rules. The state review board shall adopt
rules necessary to carry out the purposes of this chapter.
The rules shall include rehabilitation and maintenance
standards for historic properties to be used as minimum re-
quirements by local review boards to ensure that the historic
property is safe and habitable, including but not limited to:
(1) Elimination of visual blight due to past neglect of
maintenance and repair to the exterior of the building,
including replacement of broken or missing doors and
windows, repair of deteriorated architectural features, and
painting.of exterior surfaces;
(2) Correction of structural defects and hazards;
(3) Protection from weather damage due to defective
roofing, flashings, glazing, caulking, or lack of heat; and
(4) Elimination of any condition on the premises which
could cause or augment fire or explosion. [1985 c 449 §
12.]
84.26.130 Appeals from decisions on applications.
Any decision by a local review board on an application for
classification as historic property eligible for special valua-
tion may be appealed to superior court under RCW
34.05.510 through 34.05.598 in addition to any other remedy
at law. Any decision on the disqualification of historic
property eligible for special valuation, or any other dispute,
may be appealed to the county board of equalization. [1989
c 175 § 178; 1985 c 449 § 13.]
Effective date -1989 c 175: See note following RCW 34.05.010.
84.26.900 Severability -1985 c 449. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
(2000 Fd.)
i
84.26.090
the provision to other persons or circumstances is not
affected. [1985 c 449 § 15.1
Chapter 84.33
TIMBER AND FOREST LANDS
Sections
84.33.010
Legislative findings.
84.33.020
Classification of timberlands.
84.33.035
Definitions.
84.33.040
Timber on privately or federally owned land exempted from
ad valorem taxation.
84.33.041
State excise tax on harvesters of timber imposed --- Credit for
county tax — Deposit of moneys in timber tax distribu-
tion account.
84.33.046
Excise tax rate July 1, 1988, and thereafter.
84.33.051
County excise tax on harvesters of timber authorized -
Rate— Administration and collection— Deposit of mon-
eys in timber tax distribution account —Use.
84.33.073
Definitions.
84.33.074
Excise tax on harvesters of timber — Calculation of tax by
small harvesters— Election — Filing form.
84.33.075
Excise tax on harvesters of timber — Exemption for certain
nonprofit organizations, associations, or corporations.
84.33.077
Credit for property taxes paid on timber on public land.
84.33.0775
Timber harvest tax credit.
84.33.078
Sale of timber on nonfederally owned public land— Notice
of sale or prospectus to indicate tax treatment.
84.33.081
Distributions from timber tax distribution account —
Distributions from county timber tax account.
84.33.086
Payment of tax.
84.33.091
Tables of stumpage values— Revised tables — Legislative
review— Appeal.
84.33.096
Application of excise taxes' administrative provisions and
definitions.
84.33.100
Forest land valuation — Definitions.
84.33.110
Forest land valuation— Grading forest land — Classes.
84.33.112
Forest land valuation — Grading forest land — Completion
date — Hearings.
84.33.113
Forest land valuation— Grading forest land— Review of
grades.
84.33.114
Forest land valuation— Grading forest land — Certification of
grades to department of revenue by department of natu-
ral resources.
84.33.115
Forest land valuation— Grading forest land— Certification of
grades to county assessors — Placement of forest land
within land grades.
84.33.116
Forest land valuation— Grading forest land —Notice to own-
ers of grades— Petition for correction of grade — Appeal.
84.33.118
Forest land valuation — Grading forest land— Notice to own-
ers of value established— Petitions for correction of
value.
84.33.120
Forest land valuation— Assessor to list forest land at grade
and class values — Computation of assessed value —
Adjustment of values — Certification— Use — Notice of
continuance — Appeals— Removal of classification —
Compensating tax.
84.33.130
Forest land valuation— Application by owner that land be
designated and valued as forest land— Hearing — Rules-
Approval, denial of application — Appeal.
84.33.140
Forest land valuation — Notation of forest land designation
upon assessment and tax rolls— Notice of continuance —
Removal of designation — Compensating tax.
84.33.145
Compensating tax — Deferral upon application for classifica-
tion under RCW 84.34.020 — Computation of tax —
Exemption.
84.33.170
Application of chapter to Christmas trees.
84.33.175
Application of tax —Sale of land to governmental agency
with reservation of rights to timber — Conveyance by
governmental agency of trees.
84.33.200
Legislative review of timber tax system — Information and
. data to be furnished.
[Title 84 RCW —page 25]
Title 254 WAC
Adopted by Reference
Ordinance #�.39p'7' on
�A Cam,
�Ity Clerk
HISTORIC PRESERVATION, ADVISORY COUNCIL ON
Chapters
2$4 -20
Special valuation for historic properties.
Chapter 254 -20 WAC
SPECIAL VALUATION FOR HISTORIC
PROPERTIES
MAC
B420-0 10 Purpose.
254 =20 -020 Authority.
254 -20 -030 Definitions.
254 -20 -040 Responsibilities of the local legislative authority.
254 -20 -050 Defining the class of eligible historic property.
'25420 -060 Requirements for local review boards.
254 -20 -070 Responsibilities of local review boards.
254 -20 -080 Responsibilities of the state historic preservation
officer.
254 -20 -090 Responsibilities of the owner — Application require -
ments.
:254 -20 -100 Washington state advisory council's standards for the
:,r„ rehabilitation and maintenance of historic proper-
ties.
254 -20 -110 Eligibility and disqualification.
'254 -20 -120 Historic preservation special valuation agreement.
WAC 254 -20 -010 Purpose. The purpose of these rules
r` to implement special tax valuation for rehabilitation of his -
1.6ric properties under which the assessed value of eligible
:historic property is determined at a rate that excludes, for up
'torten years, the actual cost of the rehabilitation.
"JStatutory Authority: RCW 84.26.120. 86 -21 -103 (Order 86 -11), § 254-20 -
b10, 61ed 10/20/86.1
. WAC 254 -20 -020 Authority. These rules are promul-
gafed by the advisory council on historic preservation under
;the authority granted in RCW 84.26.120.
[Statutory Authority: RCW 84.26.120. 86 -21 -103 (Order 86 -11), § 254 -20-
2020, filed 10 /20/86.]
WAC 254 -20 -030 Definitions. Unless the context
learly requires otherwise, the definitions in this section
,apply throughout these rules:
(1) "Actual cost of rehabilitation" means costs incurred
within twenty -four months prior to the date of application
and directly resulting from one or more of the following:
-,, (a) Improvements to an existing building located on or
within the perimeters of the original structure; or (b) Improvements outside of but directly attached to the
.6ilginal structure which are necessary to make the building
frilly useable but shall not include rentable /habitable floor- .
space attributable to new construction; or
a .(c) Architectural and engineering services attributable to
ztie design of the improvements; or
(d) All costs defined as "qualified rehabilitation expendi-
tures" for purposes of the federal historic preservation invest-
fit tax credit.
(2001 Ed.)
(2) "Certified historic structure" means property located
within a national register historic district which has been:
(a) Certified by the secretary of the interior as contribut-
ing to the significance of a national register historic district
pursuant to 36 CFR 67.4; or
. (b) Certified, under a process specified in local adminis-
trative rules, as contributing to the significance of an historic
district in a local register of historic places which has been
created by a local government historic preservation program
certified by the secretary of the interior as provided in P.L.
96 -515.
(3) "Class of historic property" means all historic prop-
erty meeting any neutral, objective criteria for determining
which types of historic property are eligible for special valu-
ation that have been adopted by the local legislative authority
under an ordinance or administrative rule, consistent with the
purposes of chapter 84.26 RCW.
(4) "Cost" means the actual cost of rehabilitation, which
cost shall be at least twenty -five percent of the assessed valu-
ation of the historic property, exclusive of the assessed value
attributable to the land, prior to rehabilitation.
(5) "Historic district" means historic property consisting
of multiple buildings, sites, structures, or objects located in
proximity to one another and related in historic period or
theme.
(6) "Historic property" means real property together with
improvements thereon, except property listed in a register
primarily for objects buried below ground, which is:
(a) Listed in a local register of historic places created by
comprehensive ordinance, certified by the secretary of the
interior as provided in P.L. 96 -515; or
(b) Listed in the National Register of Historic Places.
(7) "Local legislative authority" means the municipal
government within incorporated cities and the county gov-
ernment in unincorporated areas.
(8) "Local review board" means any appointed commit-
tee designated by local ordinance to make determinations
concerning the eligibility of historic properties for special
valuation and to approve or deny applications therefor.
(9) "Owner" means the owner of record.
(10) "Rehabilitation" is the process of returning a prop-
erty to a state of utility through repair or alteration, which
makes possible an efficient contemporary use while preserv-
ing those portions and features of the property which are sig-
nificant to its architectural and cultural values.
(11) "State review board" means the advisory council on
historic preservation established under chapter 27.34 RCW,
or any successor agency designated by the state to act as the
state historic preservation review board under federal law.
(12) "Special valuation" means the determination of the
assessed value of the historic property subtracting, for up to
ten years, such cost as is approved by the local review board.
[Title 254 WAC —p, 1]
254 -20 -040 Title 254 WAC: Historic Preservation, Advisory Council on
[Statutory Authority: RCW 84.26.120. 86 -21 -103 (Order 86 -11), § 254 -20-
030, filed 10/20/86.1
WAC 254 -20 -040 Responsibilities of the local legisla-
tive authority. (1) Each local jurisdiction, at the option of the
local legislative authority, shall designate a local review
board and establish one or more classes of historic property
that are eligible for special valuation under these rules.
(2) Multiple jurisdictions within the same county may
elect to jointly designate, under an interlocal agreement, a
single local review board to carry out the purposes of chapter
84.26 RCW.
[Statutory Authority: RCW 84.26.120. 86 -21 -103 (Order 86 -11), § 254 -20-
040, fled 10/20/86.]
WAC 254 -20 -050 Defining the class of eligible his-
toric property. (1) Each "class of eligible historic property"
shall be defined by the local legislative authority using objec-
tive criteria which lead to consistent decisions on determina-
tions of eligibility.
(2) The criteria for the class of eligible historic property
may take into account such factors as geographic location,
date of construction, type of use, local landmarks designa-
tion, and other verifiable criteria consistent with the purposes
of chapter 84.26 RCW, and these rules.
(3) Within historic districts, only certified historic struc-
tures may be included in the class of eligible historic prop-
erty.
(4) Once a local jurisdiction has established a class of
eligible historic property, it may amend the criteria defining
the class at any time. However, if the new criteria are more
restrictive than the previous criteria, the new criteria may not
take effect for a period of two years following October 1 of
the year in which the change is made. Amendments to the cri-
teria shall not have the effect of disqualifying property
already subject to special valuation.
[Statutory Authority: RCW 84.26.120. 86 -21 -103 (Order 86 -11), § 254 -20-
050, filed 10/20/86.1
WAC 254 -20 -060 Requirements for local review
boards. (1) The local review board may be an existing board
or commission of local government or a special purpose
authority, but shall not be the same as the local legislative
authority.
(2) The local review board shall be identified by local
ordinance as having responsibility to:
(a) Make determinations concerning the eligibility of
individual properties;
(b) Verify that the improvements are consistent with the
advisory council's standards for rehabilitation and mainte-
nance;
(c) Enter into agreements as required under WAC 254-
20- 070(2);
(d) Approve or deny applications for special valuation;
and
(e) Monitor property for continued compliance with the
agreement and statutory eligibility requirements.
(3) The local review board shall adopt bylaws and/or
administrative rules governing:
(a) Compliance with the Open Public Meetings Act
(chapter 42.30 RCW);
(b) Rules of parliamentary procedure;
(c) Order and conduct of business; and
(d) Frequency of meetings.
[Statutory Authority: RCW 84.26.120. 86 -21 -103 (Order 86 -11), § 254 -20-
060, filed 10/20/86.]
WAC 254 -20 -070 Responsibilities of local review
boards. (1) Following receipt of an application for special
valuation from the county assessor, the local review board
shall, consistent with locally adopted rules of procedure,
determine if the property meets the following criteria:
(a) The property is historic property;
(b) The property is included within a class of historic
property determined eligible for special valuation by the local
legislative authority under an ordinance or administrative `
rule;
(c) The property has been rehabilitated at a cost which
meets the definition set forth in RCW 84.26.020(2) within
twenty -four months prior to the date of application; and
(d) The property has not been altered in any way which
adversely affects those elements which qualify it as histori-
cally significant.
(2) If the local review board finds that the property satis-
fies all four of the above requirements, then it shall, on behalf
of the local jurisdiction, enter into an agreement with the
owner which, at a minimum, includes the provisions set forth
in WAC 254 -20 -120. Upon execution of said agreement
between the owner and the local review board, the local
review board shall approve the application.
(3) If the local review board determines that the property
does not meet all of the requirements for special valuation,
then it shall deny the application.
(4) An application for special valuation shall be
approved or denied by the local review board before Decem-
ber 31 of the calendar year in which the application is made. -;
The local review board shall certify its decision in writing ..
and state the facts upon which the approval or denial is based`.
The local review board shall file a copy of the certification
with the county assessor within ten days of issuing a decision:.
(5) If the application is approved, the local review board
shall forward a copy of the agreement, the application, and
supporting documentation as required by WAC 254 -20-
090(4) to the county assessor for recording and shall notify,.,'
the state review board that the property has been approved for:?
special valuation.
(6) Once an application for special valuation has been:
approved, the local review board shall determine, according
to its bylaws and rules of procedure, whether or not the prop-
erty has became disqualified, either because of the owner's
failure to comply with the terms of the agreement, or because
of a loss of historic value resulting from physical changes fo,
the building or site. In the event that a local review board con`.
cludes that a property is no longer qualified for special valu'.'`
ation, it shall notify the owner, the county assessor, and the;
state review board in writing and state the facts supporting its
findings.
[Statutory Authority: RCW 84.26.120. 86 -21 -103 (Order 86 -11), § 254 -20
070, filed 10/20186.]
[Title 254 WAC —p. 2] (20010-),
Special Valuation for Historic Properties
WA,� 2$4 -20 -080 Responsibilities of the state his -
toflc preservation officer. l techn technical ass preservation
tance to the
4 ffiicer will, upon request, provide
loc�� legislative authority and the local review board in con -
ducting special valuation activities.
(2) The state historic preservation officer shall inform
The [Deal review board subject review
notified by the
the owner of property .. P
pro�rry no longer qualifies for special valuation under chap-
ter 84.26 RCW
[Statutory Authority: RCW 84.26.120. 86 -21 -103 (Order 86 -11), § 254-20 -
0SO, filed 10/20/86•1
WAC 254 -20 -090 Responsibilities of the owner —
Application requirements. (1) The owner of an historic
property desiring special valuation shall apply. to the assessor
of the county in which the historic property s located upon
forms prescribed by the department of revenue and supplied
by.the county assessor.
(2) In order to be eligible for special valuation, appnda-
year made the ass ssmenthyearr for which special valua-
j year preceding
j Lion is sought.
(3) The owner shall be required to pay only such fees as
are necessary to process and record documents pursuant to
chapter 84.26 RCW.
j(4) Applications shall include a legal description of the
historic property. The owner shall also provide comprehen-
sive exterior and interior photographs of the historic property
before and after rehabilitation, architectural plans or other
legible drawings depicting the completed rehabilitation work,
and a notarized affidavit attesting to the actual cost of the
rehabilitation work completed prior to the date of application
and the period of time during which the work was performed.
(5) For properties located within historic districts, the
application shall also include, in addition to the information
specified in subsection (4) of this section, a statement from
the secretary of the interior or the appropriate local official,
as specified in local administrative rules, or by the local gov-
ernment, indicating that the property is a certified historic
structure.
(6) Property owners applying for special valuation under
these rules shall make available to the local review board
documentation as to the actual cost of the rehabilitation
project and the period of time during which the rehabilitation
took place.
090, filed Authority:
16/87 t86 -21- 03 (Order 86811)3§ 254-20-090, 0 filed 10/20/86.]
WAC 254 -20 -100 Washington state advisory coun-
cil's standards for the rehabilitation and maintenance of
historic properties. The following rehabilitation and mainte-
nance standards shall be used by local review boards as min -
imum requirements for determining whether or not an his-
toric property is eligible for special valuation and whether or
not the property continues to be eligible for special valuation
once it has been so classified:
(1) Rehabilitation.
(2001 Ed.)
254 -20 -100
(a) Every reasonable effort shall be made to provide a
compatible use for an historic property which requires mini-
mal alteration of the building, structure, or site and its envi-
ronment, or to use an historic property for its originally
intended purpose.
(b) The distinguishing original qualities or character of a
building, structure or site and its environment shall not be
destroyed. The removal or alteration of any historic material
or distinctive architectural features should be avoided when
possible.
(c) All buildings, structures, and sites shall be recognized
as products of their own time. Alterations that have no histor-
ical basis and which seek to create an earlier appearance shall
be discouraged.
(d) Changes which may have taken place in the course of
time are evidence of the history and development of a build-
ing, structure, or site and its environment. These changes may
have acquired significance in their own right, and this signif-
icance shall be recognized and respected.
(e) Distinctive stylistic features or examples of skilled
craftsmanship which characterize a building, structure, or site
shall be treated with sensitivity.
(f) Deteriorated architectural features shall be repaired
rather than replaced, whenever possible. In the event replace-
ment is necessary, the new material should match the mate-
rial being replaced in composition, design, color, texture, and
other visual qualities. Repair or replacement of missing archi-
tectural features should be based on accurate duplication of
features, substantiated by historic, physical, or pictorial evi-
dence rather than on conjectural designs or the availability of
different architectural elements from other buildings or struc-
tures.
(g) The surface cleaning of structures shall be under-
taken with the gentlest means possible. Sandblasting and
other cleaning methods that will damage the historic building
materials shall not be undertaken.
(h) Every reasonable effort shall be made to protect and
preserve archaeological resources affected by, or adjacent to,
any project.
(i) Contemporary design for alterations and additions to
existing properties shall not be discouraged when such alter-
ations and additions do not destroy significant historical,
architectural or cultural material, and such design is compat-
ible with the size, scale, color, material, and character of the
property, neighborhood, or environment.
0) Wherever possible, new additions or alterations to
structures shall be done in such a manner that if such addi-
tions or alterations were to be removed in the future, the
essential form and integrity of the structure would be unim-
paired.
(2) Maintenance.
(a) Buildings and structures shall not be allowed to dete-
riorate beyond the point where routine maintenance and
repair will return them to good condition.
(b) Buildings shall be kept in a safe and habitable condi-
tion at all times. Structural defects and hazards shall be cor-
rected. Any condition which constitutes a fire hazard shall be
eliminated.
(c) Buildings shall be protected against ongoing water
damage due to defective roofing, flashing, glazing, caulking,
[Title 254 WAC —p. 31
254 -20 -110 Title 254 WAC: Historic Preservation, Advisory Council on
or other causes. Moisture condensation resulting from inade-
quate heat or ventilation shall be eliminated if present at lev-
els sufficient to promote rot or decay of building materials.
(d) Deteriorated exterior architectural features and any
broken or missing doors and windows shall be repaired or
replaced.
(e) Painted exterior surfaces shall be maintained and
repainted as necessary to prevent a deteriorated appearance
or damage to the substrate. Exterior masonry surfaces shall
be tuck pointed where required to maintain the mortar in
sound condition. Finished tuck pointing shall match the orig-
inal mortar joint in hardness and appearance.
[Statutory Authority: RCW 84.26.120. 86 -21 -103 (Order 86 -11), § 254 -20-
100, filed 10/20/86.]
WAC 254 -20 -110 Eligibility and disqualification. (1)
The actual cost of the rehabilitation work shall be calculated
on the basis of expenses incurred for improvements or work
elements completed prior to the date of application. Proper-
ties subject to ongoing or phased rehabilitation work shall be
eligible for special valuation so long as the property meets the
criteria of WAC 254 -20- 070(1).
(2) No application for special valuation under these rules
shall be made after December 31, 1991.
(3) When property has once been classified and valued
as eligible historic property, the expiration of the ten -year
period allowed for special valuation shall not have the effect
of disqualifying the property and thereby invoking the addi-
tional tax, interest, and penalty otherwise due when a prop-
erty is disqualified or determined ineligible.
[Statutory Authority: RCW 84.26.120. 86 -21 -103 (Order 86 -11), § 254 -20-
1 10, filed 10/20/86.]
WAC 254 -20 -120 Historic preservation special valu-
ation agreement. The following historic preservation spe-
cial valuation agreement shall be used by local review boards
as the minimum agreement necessary to comply with the
requirements of RCW 84.26.050(2):
This Historic Preservation Agreement is entered into on
this .... day of ......... 19.... , by and between .......
(hereinafter referred to as APPLICANT) and ........ (herein-
after referred to as LOCAL REVIEW BOARD).
WHEREAS APPLICANT is the owner of record of the his-
toric property commonly known as ......... located at
State of Washington, as more fully described in
Exhibit A, attached hereto and incorporated herein by this
reference (hereinafter referred to as PROPERTY); and
WHEREAS APPLICANT has requested special valuation of
the PROPERTY pursuant to chapter 84.26 RCW; and
WHEREAS the LOCAL REVIEW BOARD has determined
that the PROPERTY has been substantially rehabilitated within
the two year period preceding the date of application and the
actual cost of said rehabilitation equals or exceeds twenty-
five percent of the assessed valuation of the PROPERTY prior
to the improvements; and
WHEREAS the LOCAL REVIEW BOARD has verified that
the PROPERTY is historic property that falls within a class of
properties determined eligible for special valuation by local
ordinance or administrative rule; and
[Title 254 WAC —p. 4]
WHEREAS the LOCAL REVIEW BOARD finds that the reha -_
bilitation work has not altered the PROPERTY in any way
which adversely affects those elements which qualify it as
historically significant;
NOW THEREFORE, in recognition of the foregoing, the
APPLICANT enters into this Agreement with the LOCAL
REVIEW BOARD and agrees to adhere to the following terms
and conditions for the ten -year period of the special valua-
tion classification:
1. APPLICANT agrees to comply with the Washington State
Advisory Council's Standards for the Maintenance and
Rehabilitation of Historic Properties as set forth in
Exhibit B, which is attached hereto and by this reference
incorporated herein.
2.
APPLICANT agrees the property shall not be altered with-
out the prior written consent of the LOCAL REVIEW
BOARD signed by a duly authorized representative
thereof. No construction, alteration or remodelling or
any other action shall be undertaken or permitted to be
undertaken which would affect the historic character of
the PROPERTY which classifies it as eligible for special
valuation, or which would affect the appearance of the
PROPERTY as depicted in the photographs attached
hereto and incorporated herein by this reference as
Exhibits ........ through ......... or which would
adversely affect the structural soundness of the PROP-
ERTY; provided, however, that the reconstruction, repair,
or refinishing of existing parts or
$'
repainting, presently
elements of the PROPERTY subject to this Agreement,
damage to which has resulted from casualty loss, deteri.
oration or wear and tear, shall be permitted without the
prior approval of the LOCAL REVIEW BOARD, provided
that such reconstruction, repair, repainting, or refinish- ;_
-4`
ing is performed in a manner which will not alter the
appearance of those elements of the PROPERTY subject
to this Agreement as they are as of this date. Exterior
changes which shall require the consent of the LOCAL
REVIEW BOARD shall include, but not be limited to, any
substantial structural change or any change in design,
color or materials.
3.
APPLICANT agrees the PROPERTY shall not be demol t
ished without the prior written consent of the local
review board.
4.
APPLICANT agrees to make historic aspects of the PROP -
ERTY accessible to the public one day each year if the
PROPERTY is not visible from a public right of way. ..;_ r?;a
5.
APPLICANT agrees to monitor the PROPERTY for its con
notify the
tinued qualification for special valuation and
appropriate County Assessor within 30 days if the PROP
ERTY becomes disqualified because of
a. a loss of historic integrity, .
b. sale or tr ansfer to new ownership exempt fromtaxa
tion, or ;
c. sale or transfer to new ownership which does nat
intend to agree to the terms of this Agreement nor
the County
file a notice of compliance form with $f
Assessor.
6.
The APPLICANT and LOCAL REVIEW BOARD both ees 'agT
mainte
that there shall be no changes in standards of
nance, public access, alteration, or report requirement
(200 C E)
Special Valuation for Historic Properties 254 -20 -120
or any other provisions of this Agreement, during the
period of the classification without the approval of all
parties to this Agreement.
Term of the A reement. This Agreement shall take
t immediately u
effec t pon signature and remain in effect until
the property is no longer eligible for special valuation either
through disqualification under RCW 84.26.080 or upon
expiration of the ten -year period of special valuation com-
mencing January 1, 19..... and ending December 31, 19... .
Hold Harmless. The APPLICANT or its successors or
assigns shall hold the State and the LOCAL REVIEW BOARD
harmless from any and all liability and claims which may be
asserted against the State and the LOCAL REVIEW BOARD as a
result of this Historic Preservation Special Valuation Agree-
ment or the participation by the APPLICANT in the Special
Valuation Program.
Governing Law. The terms of this Agreement shall be
construed in accordance with the laws of the state of Wash -
ington
[statutory Authority: RCW 84.26.120. 86 -21 -103 (Order 86 -11), § 254 -20-
120, filed 10/20/86.1
(2001 Ed.) [Title 254 WAC —p. 5]
, Affidavit of Publication
STATE OF WASHINGTON, 1 S.S.
COUNTY OF SNOHOMISH f
On the 7th day o1 May, 2002, the City Council of the
City of Edmonds, passed Ordinance No. 3397. A
summary of the content of said ordinance, consisting of
The undersigned, being first duly sworn on oath deposes and says that she is
the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING TITLE 20 OF THE
EDMONDS COMMUNITY DEVELOPMENT DE O
Principal Clerk of THE HERALD, a daily newspaper printed and published
BY THE T ON OF A NEW R
EDMONDS REGISTER OF HISTORIC PLACES AND
FIXIN A TIME WH N imt SAM HALL BE
in the City of Everett, County of Snohomish, and State of Washington; that
EFFECTIVE.
The full text of this Ordinance will be mailed upon
said newspaper is a newspaper of general circulation in said County and
re est.
qu
" DATED this 8th day'ty Cleric, SANDRA S. CHASE
Published: May 12, 2002.
State; that said newspaper has been approved as a legal newspaper by order
of the Superior Court of Snohomish County and that the notice
City of Edmonds
Summary of Ordinance No. 3397
a printed copy of which is hereunto attached, was published in said newspaper
proper and not in supplement form, in the regular and entire edition of said
paper on the following days and times, namely:
May 12, 2002
and that said newspaper was regularly distributed to its subscribers during
all of said period. >>
Principal Clerk
Subscribed and sworn to before me this 13th
day of May, 2002 BE�J
v NOTARY 9:
PUBLIC
Notary Public in and for tit State oiflYolgre2
Everett, Snohomish Count. -
6101111111%1-
RECEIVED
MAY 1 5 2002
EDMONDS CITY CLERK