Bainbridge Island City Zoning Code
CHAPTER 18
24 HISTORIC PRESERVATION PROGRAM
§ 18.24.010 Purpose and relationship to zoning and building codes.
A.
Purpose. The purpose of this chapter is to provide the process and standards for identifying, evaluating and protecting historic resources within the city in order to:
1.
Safeguard the heritage represented by those buildings, objects, sites and structures that reflect significant elements of the city’s history;
2.
Foster civic and neighborhood pride in the beauty and accomplishments of the past;
3.
Stabilize or improve the aesthetic and economic vitality and values of such buildings, objects, sites and structures;
4.
Assist, encourage and provide incentives to private owners for the preservation, restoration, redevelopment and use of historic buildings, objects, sites and structures;
5.
Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative land uses; and
6.
Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment.
This chapter also sets forth the provisions of the Fort Ward historic overlay district.
B.
Relationship to Zoning and Building Codes. Nothing contained in this chapter shall be construed to repeal, modify or waive any zoning, land use or building codes, laws, ordinances or regulations that are otherwise applicable to property listed on the local register, unless as provided by zoning code relief.
C.
Zoning Code Relief. Designated local register properties may be authorized for a use not otherwise permitted in a certain zone. The planning director may approve said use through an administrative conditional use (BIMC § 2.16.050). The planning director may also waive or modify development standards such as: setbacks, open space, lot coverage, landscape buffers and parking requirements. When an historic structure is preserved on site, the floor area ratio of that historic structure shall not be included in the calculation of total floor area ratio for the site. The historic structure must be included on a state, local, or federal register.
(Ord. 2011-02 § 2 (Exh. A), 2011; Ord. 2016-11 § 2, 2016; Ord. 2021-10 § 4, 2021; Ord. 2022-16 § 1, 2022; Ord. 2024-01[1] § 1, 2024)
[1]
Code reviser’s note: The amendments of Ordinance 2021-10 relating to bonus floor area ratio were set to expire one year after adoption of that ordinance. Ordinance 2025-25 extended those amendments to continue in effect until June 10, 2026.
§ 18.24.020 Historic preservation commission.
A.
Creation. The Bainbridge Island historic preservation commission is hereby established, to operate and act in accordance with the provisions of this chapter.
B.
Composition of the Commission.
1.
The historic preservation commission shall consist of up to seven members, and the appointments and confirmations of those members shall be governed by Chapter 2.01 BIMC. The historic preservation commission shall include at least three members who have experience in identifying, evaluating and protecting historic resources and who are selected from among the disciplines of history, architecture, landscape architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, biology, geography, cultural geography, American studies, law, and real estate, referred to in this chapter as the “professional positions.” An action taken by the historic preservation commission shall not be invalid due to the temporary vacancy of any or all of the professional positions, unless the certification agreement between the city and the State Historic Preservation Office (SHPO) provides otherwise.
2.
All members of the historic preservation commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment.
3.
All members of the historic preservation commission shall serve without compensation.
4.
Members shall not be employees or officers of the city or appointed to another city committee, board or historic preservation commission, except for specialized committees or task forces of limited duration.
5.
The historic preservation commission shall select from among its members a chairperson and such other officers as may be necessary to conduct the historic preservation commission’s business for a one-year term at the first regular meeting of the year.
C.
Term of Historic Preservation Commission Members. Appointments shall be made for three-year terms, commencing on July 1st and ending on June 30th three years later. Members shall be appointed to a position number, and the terms are to be staggered, with no more than three positions expiring in any given year. A member may indicate interest in reappointment for additional terms, although reappointment is not guaranteed, and shall hold office until his or her successor has been appointed and has qualified. No member shall serve more than three consecutive terms unless the city council determines that special expertise is required, or there are no other qualified applicants.
D.
Vacancies – Removal. Members may be removed upon a majority vote of the city council. In the event of a vacancy, the mayor, subject to confirmation of the city council, shall make an appointment to fill the unexpired portion of the term of that position in accordance with the city’s appointment cycle. Unexcused absence by any member from three consecutive meetings shall constitute grounds for removal.
E.
Powers and Duties. The historic preservation commission shall:
1.
Establish, maintain and periodically update a local historic inventory, which inventory shall be maintained in a form compatible with the state inventory, and may cooperate with, and advise the city council as requested on contracting with, the Bainbridge Island historical society or others, in connection with the establishment and maintenance of the inventory;
2.
Establish and maintain the local register of historic places, as provided in BIMC § 18.24.040;
3.
Recognize heritage properties and identify local register eligible properties as provided in BIMC §§ 18.24.030 and 18.24.040;
4.
Review nominations to the local register and designate properties for listing on the register, in accordance with BIMC § 18.24.040;
5.
Review suggestions for recognition of heritage properties as provided for in BIMC § 18.24.030 and make recommendations to city council for approval;
6.
Participate in the review process for nominations to the National Register of properties in accordance with the procedures established by the Washington State Department of Archaeology and Historic Preservation;
7.
Review proposals to alter, reconstruct, remodel or restore the exterior of, move or demolish register eligible and local register properties and/or structures as provided in BIMC §§ 18.24.050, 18.24.060, 18.24.070 and 18.24.080; provided, that pending further review by the city council the duties of the historic preservation commission under this subsection shall be performed by the planning commission;
8.
Provide resources and advocacy for historic preservation consistent with comprehensive plan policy HP 1.2, which may include but are not limited to:
a.
Participation in or promotion of public educational programs;
b.
Fostering historic preservation through recognition of excellence in restoration of historic buildings, structures or sites;
c.
Advising the city council or the planning commission as requested on matters of city history and historic preservation or actions affecting the historic resources of the city; and
d.
Maintaining information on federal or state historic preservation programs, funding sources or incentives;
9.
Serve as the local review board for the special valuation of historic properties, and in that capacity determine and monitor the eligibility of historic properties for special valuation in accordance with BIMC § 18.24.100;
10.
Review proposals to alter, reconstruct, remodel or restore the exterior of specific Fort Ward buildings as identified in Fort Ward overlay district, BIMC § 18.24.110; provided, that pending further review by the city council the duties of the historic preservation commission under this subsection shall be performed by the planning commission;
11.
Coordinate and collaborate with the design review board when register eligible and local register properties are subject to design review;
12.
Provide review and SEPA comments when applicable;
13.
Review nominations to the heritage tree register as provided in BIMC § 18.24.120;
14.
Review suggestions for city road end historical signage as provided in BIMC § 18.24.130;
15.
Compile a list of historic island farm properties as provided in BIMC § 18.24.140;
16.
Report an annual work plan to the city council with a proposed budget.
F.
Rules and Standards of the Historic Preservation Commission.
1.
The historic preservation commission shall establish and adopt rules prescribing forms, standards and procedures consistent with applicable law, as necessary to carry out its duties. Standards for review under BIMC §§ 18.24.040, 18.24.050, 18.24.060, 18.24.070 and 18.24.080 shall be based in part, and to the extent applicable, on the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation, 48 CFR 44716, as updated and supplemented by the National Park Service, and the Secretary of the Interior’s Standards for Rehabilitation, 37 CFR 67, as amended, and/or Treatment of Historic Properties. All actions of the historic preservation commission shall be carried out in accordance with its rules.
2.
The historic preservation commission shall meet at least monthly. Meetings shall be open to the public and held in accordance with the Open Public Meetings Act (Chapter 42.30 RCW).
3.
For meetings consisting of a majority of the then serving voting members of the historic preservation commission, the historic preservation commission shall provide public notice of the meeting and shall keep a record of its meeting minutes. Minutes of each meeting, including a record of attendance, shall be prepared by the secretary and approved and signed at a subsequent meeting. The minutes do not need to reflect the actual discussion, but only the formal actions taken by the historic preservation commission. The approved meeting minutes shall be posted on the city’s website.
4.
The city shall provide city email accounts to voting members and related training on the use of email accounts, including personal computer privacy expectations while serving on the historic preservation commission.
5.
A majority of the voting members then serving on the historic preservation commission shall constitute a quorum.
6.
Members shall sign a conflict of interest statement in accordance with the city’s ethics program upon appointment and any reappointment.
(Ord. 2011-02 § 2 (Exh. A), 2011; Ord. 2014-22 § 1, 2014; Ord. 2016-11 § 2, 2016; Ord. 2021-16 § 17, 2021; Ord. 2024-08 § 9, 2024; Ord. 2024-12 §§ 1, 2, 2024)
§ 18.24.030 Recognition of heritage properties.
A.
Intent. In accordance with the comprehensive plan, the intent of this section is to formalize the community recognition of essential elements of the community’s character, history and identity. This section will provide a process for the city council to publicly recognize heritage properties.
B.
The historic preservation commission shall review properties to be recognized as heritage properties: an honorary, limited list of exemplary properties that the city has prioritized for long term preservation. Any building, structure, site or object, whether publicly or privately owned, may be recognized as a heritage property.
C.
Criteria. A property that meets each of the following criteria is eligible for recognition:
1.
Its loss would mean a diminution of the island’s special character;
2.
It must be eligible for at least one of the eligibility criteria for the local register of historic places;
3.
It must retain its original architectural integrity, having no major exterior alterations or additions;
4.
It is a significant contributor to its neighborhood’s character; and
5.
It is visually accessible to the public.
D.
Process for Recognizing Heritage Properties.
1.
Any person may recommend a property for heritage recognition.
2.
Annually, the historic preservation commission shall submit its recommendation for additions of properties to city council for recognition, based on heritage criteria.
3.
Once a recommendation has been made, the historic preservation commission shall notify the property owner that their property is eligible for recognition.
4.
Any appeal of a recommendation from the historic preservation commission shall occur before a final determination is made by the city council.
5.
The council shall review the recommendations from the historic preservation commission and decide at a council meeting which properties shall be recognized.
6.
If recognized as a heritage property, the city shall make available a sign to place on the property indicating its designation as a “historic property of special significance.”
E.
Removal of Heritage Properties. Properties may lose recognition as a heritage property if the historic preservation commission and council determine that the property no longer meets the criteria for inclusion.
(Ord. 2016-11 § 2, 2016)
§ 18.24.040 Local register of historic places.
A.
Criteria for Designating Properties for Listing on the Local Register. Any building, structure, site or object, whether publicly or privately owned, may be designated for listing on the local register if it is significantly associated with the history, architecture, archaeology, engineering or cultural heritage of the community; it has physical integrity; it is at least 50 years old or is of lesser age but has exceptional importance; and it qualifies as at least one of the following:
1.
Is associated with events that have made a significant contribution to the broad patterns of national, state, or local history;
2.
Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction;
3.
Is an outstanding work of a designer, builder, or architect who has made a substantial contribution to the art;
4.
Exemplifies or reflects special elements of the city’s cultural, economic, political, aesthetic, engineering, or architectural history;
5.
Is associated with the lives of persons significant in national, state, or local history;
6.
Has yielded or may be likely to yield important archaeological information related to history or prehistory;
7.
Is a building or structure removed from its original location but that is significant primarily for architectural value, or that is the only surviving structure significantly associated with an historic person or event;
8.
Is a birthplace or grave of an historical figure of outstanding importance;
9.
Is a cemetery that derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns;
10.
Is a reconstructed building that has been executed in a historically accurate manner on the original site;
11.
Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and that does not fit into formal architectural or historical categories; or
12.
Is listed on the National Register or the State Register.
B.
Process for Determining Properties Eligible for the Local Register.
1.
The historic preservation commission shall use the current historic property inventory as a base to determine which properties may be eligible. However, being on the inventory list is not a necessary prerequisite for eligibility determination.
2.
The historic preservation commission shall examine each property and make a determination, based on local register criteria, whether the property is eligible for the local register.
3.
Property owners and the general public may bring properties to the attention of the historic preservation commission for eligibility determination consideration.
4.
Once determination has been made, the historic preservation commission shall notify the property owner and the planning and community development department that the property is eligible for local register.
5.
The property owner may petition the historic preservation commission for reconsideration of its determination. The owner has 30 days to provide additional information to the historic preservation commission. The historic preservation commission will, if necessary, arrange a meeting with the owner to review the decision within 60 days of receipt of the additional information.
6.
If the owner and historic preservation commission cannot agree on the determination, the owner may appeal the decision of the historic preservation commission to the planning director.
C.
Process for Designating Properties for Listing on the Local Register.
1.
Any person, including the historic preservation commission or any historic preservation commission member, may nominate a building, structure, site, or object for listing on the local register; provided, that no property shall be nominated without the prior written consent of the owner.
2.
The nomination shall include, when possible, the tax parcel number (and the UTM reference, if required for compatibility with the State Register) and a description of all interior and exterior features and outbuildings that contribute to its designation.
3.
In reviewing the nomination, the historic preservation commission shall consider the local inventory and the city’s comprehensive plan, and the merits of the nomination, according to the criteria in subsection A of this section, and shall proceed according to the nomination review standards established in the historic preservation commission’s rules.
4.
The historic preservation commission shall provide public notice of the date, time and location of the meeting during which it will consider the designation nomination. Written notice of the date, time and location of the meeting shall be provided no later than 10 days prior to the meeting to the nominator, the owner(s) of public record and the lessees, if any, of the subject property. The historic preservation commission shall further publish at least one notice of the meeting in a newspaper of general circulation in the city. The historic preservation commission shall also post a notice on a conspicuous location on the subject property.
5.
If the historic preservation commission finds that the nominated property is eligible for listing on the local register, the historic preservation commission shall list the property on the register, with the consent of the owner of the property. The commenters, property owner, nominator and lessees, if any, shall be notified in writing of the listing no later than 30 days after the listing.
6.
Once a property is placed on the local register the property owner is expected to provide ordinary maintenance to the property to prevent deterioration and decay which threaten the historic features of the property.
7.
Properties listed on the local register shall be identified in the planning database maintained by the city and the listing shall be forwarded to the Kitsap County assessor for identification of the historical property in the Kitsap County zoning records.
8.
If a property is added to the local register a notice of that status shall be added on the property title records.
9.
The city shall make available a sign to place on the property indicating the local register designation.
D.
Removal of Properties from the Local Register. Properties listed on the local register or properties identified as eligible for the local register may be removed from the register or lose eligibility only by the historic preservation commission in accordance with this section. The historic preservation commission may remove any property from the local register or properties identified as eligible for the local register with or without the owner’s consent, if the historic preservation commission deems the property no longer appropriate for designation to the local register or eligible for the local register because it no longer satisfies the original criteria in support of its designation. The procedure for removal for local register properties shall be established by the historic preservation commission and shall include the procedures for notification to the public and interested parties set forth in subsection B.4 of this section. If a property is removed from the local register a notice of that change in status shall be added to the title records.
(Ord. 2011-02 § 2 (Exh. A), 2011. Formerly 18.24.030; Ord. 2016-11 § 2, 2016)
§ 18.24.050 Changes or alterations to a register eligible property requiring a building permit.
A.
Intent. The intent of the historic preservation commission’s review is to provide an opportunity for the applicant to perform work that is consistent with the property’s historic character so as to not foreclose a future prospect of adding the property to the local register. The historic preservation commission provides these comments and suggestions through their review of a building permit application.
B.
Review Required. No person shall alter, reconstruct, relocate, remodel or restore the exterior of a register eligible property without a review by or a waiver from the historic preservation commission.
C.
Review Process.
1.
The building official shall notify the historic preservation commission of any application for a permit to alter, reconstruct, relocate, remodel or restore the exterior of a register eligible property by routing the permit to the historic preservation commission.
2.
The historic preservation commission’s review may last no longer than 30 days from the time of receipt of the permit.
3.
The historic preservation commission may make advisory, nonbinding comments to the building official on how the alterations could be done in a historically appropriate manner. Reviews shall be based on the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
4.
The building official shall not issue a permit without a waiver or comments from the historic preservation commission.
(Ord. 2011-02 § 2 (Exh. A), 2011. Formerly 18.24.040; Ord. 2016-11 § 2, 2016)
§ 18.24.060 Changes or alterations to property located on the local register requiring a building permit.
A.
Review Required. No person shall alter, reconstruct, relocate, remodel or restore the exterior of a property listed on the local register without a review or a waiver. Local register properties require a certificate of appropriateness or a waiver and register eligible properties require review and comments from the historic preservation commission.
B.
Review Process.
1.
The building official shall notify the historic preservation commission of any application for a permit to alter, reconstruct, relocate, remodel or restore the exterior of a property listed on the local register. If the activity is not exempt from review, the historic preservation commission shall notify the applicant of the review requirements.
2.
The historic preservation commission shall meet with the applicant and review the proposed work in accordance with the standards established in the historic preservation commission’s rules. Unless required by another ordinance or law, the historic preservation commission shall not be required to provide public notice of the application. In the case of an application to perform work to the property, the historic preservation commission shall complete its review and make its decision within 45 days after the date of receipt of the application. If the historic preservation commission is unable to process the request within this time period, the historic preservation commission may reasonably extend its review period for another 15 days upon written notice to the applicant. If the historic preservation commission fails to issue a decision within 60 days of receiving the application, the application shall be deemed approved and the historic preservation commission shall issue a certificate of appropriateness to the building official.
3.
Reviews shall be based on the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation, 48 CFR 44716, as updated and supplemented by the National Park Service, and the Secretary of the Interior’s Standards for Rehabilitation, 37 CFR 67, as amended.
4.
The historic preservation commission’s decision on any application shall be in writing and shall state the findings of fact and the basis for its decision. Any conditions to the certificate of appropriateness or waiver recommended by the historic preservation commission and accepted by the applicant in this review process shall become conditions of approval of the permits issued. If the owner accepts the historic preservation commission recommendations and conditions, a certificate of appropriateness or a waiver shall be issued by the historic preservation commission according to standards established in the historic preservation commission’s rules.
5.
The historic preservation commission’s determination, recommendations and, if awarded, the certificate of appropriateness or a waiver shall be transmitted to the building official. If a certificate of appropriateness or waiver is awarded, the building official may then issue the permit.
6.
If a certificate of appropriateness or waiver is denied, the building official shall not issue the permit.
(Ord. 2016-11 § 2, 2016)
§ 18.24.070 Demolition of register eligible properties.
A.
A demolition permit is subject to the review process described below prior to the demolition of any register eligible property:
1.
The applicant shall prepare a report for the historic preservation commission analyzing the following alternatives (listed in descending order of preference) explaining why each alternative is or is not feasible:
a.
Redesigning the project to avoid any impact to the historical structure or its setting;
b.
Incorporating the structure into the overall design of the project;
c.
Converting the structure into another use (adaptive use);
d.
Selling the structure at no more than fair market value to an owner who will maintain the historic structure;
e.
Relocating the structure on the property;
f.
Relocating the structure to another property;
g.
Salvaging from the structure historically significant architectural features and building materials; and
h.
Documenting the structure as a whole and its individual architectural features in photographs, drawings, and/or text. Such documentation shall be submitted to, and archived by, the planning and community development department.
2.
The historic preservation commission’s review for an application to demolish or partly demolish the property may last no longer than 30 days from the time of the building permit. The city shall notice the request to demolish the property following the prescribed noticing requirements:
a.
Posting notice in the official posting places of the city, including the city website; and
b.
On a conspicuous location on the subject property.
3.
The applicant shall provide the above mentioned report and, if requested, meet with the historic preservation commission. The historic preservation commission shall submit comments to the planning director based on the report, and may include suggestions for mitigation.
4.
Information provided as mitigation will be made available to the public in a location agreed to by the historic preservation commission.
5.
For properties that are currently used as a single-family residence, the applicant shall provide the following information as mitigation:
a.
A minimum of four current photographs of the exterior, one from each corner of the residence;
b.
If available, floor plans of the residence;
c.
If available, any historic photographs of the residence;
d.
If available, any known historical narrative on the residence, its occupants, historic use, etc.
6.
For properties other than those used as a single-family residence, possible mitigation measures include all those required for a single-family residence and the following:
a.
Documenting the historic resource, including photographic images of the building, architectural elements (both interior and exterior), special features and streetscapes.
b.
Coordination with the historic preservation commission to determine architectural features and materials eligible for salvage and reuse.
c.
Plaques or informational signs (provided by the applicant) to publicly recognize the historic structure’s significance or contribution to the island’s history.
d.
Or other mitigation measures as proposed by the applicant and agreed to by the historic preservation commission.
7.
The planning director reviews the following:
a.
Applicant’s report analyzing the alternatives;
b.
Minutes from the historic preservation commission meeting(s);
c.
Any proposed mitigation and applicant’s plan for compliance.
8.
The planning director cannot deny a demolition permit because the property is register eligible. If the planning director finds that the applicant completed the review process as described in this section, the planning director shall sign off on the historic review of the building permit, including conditions of mitigation if deemed appropriate.
(Ord. 2016-11 § 2, 2016)
§ 18.24.080 Demolition of local register properties.
A.
A certificate of demolition is required prior to the demolition of any local register property.
B.
Review Process for Local Register Properties.
1.
The applicant shall prepare a report for the historic preservation commission analyzing the following alternatives (listed in descending order of preference) explaining why each alternative is or is not feasible:
a.
Redesigning the project to avoid any impact to the historical structure or its setting;
b.
Incorporating the structure into the overall design of the project;
c.
Converting the structure into another use (adaptive use);
d.
Selling the structure at no more than fair market value to an owner who will maintain the historic structure;
e.
Relocating the structure on the property;
f.
Relocating the structure to another property;
g.
Salvaging from the structure historically significant architectural features and building materials; and
h.
Documenting the structure as a whole and its individual architectural features in photographs, drawings, and/or text. Such documentation shall be submitted to, and archived by, the planning and community development department.
2.
The city shall notice the request to demolish the property following the prescribed noticing requirements:
a.
Posting notice in the official posting places of the city, including the city website; and
b.
On a conspicuous location on the subject property.
3.
The applicant shall submit supporting documentation and meet with the historic preservation commission. If no alternative to demolition has been agreed to within 45 days from the initial meeting with the historic preservation commission, plus any extension (for no more than 30 days), the historic preservation commission shall approve or deny the application for a waiver and advise the official in charge of issuing a demolition permit of the decision. If the historic preservation commission fails to issue a decision within 45 days from the initial meeting with the historic preservation commission, plus any extensions, the application shall be deemed approved and the historic preservation commission shall issue an unconditional waiver. When issuing a waiver, the historic preservation commission may reasonably impose conditions designed to mitigate the loss of the property from the register. Property that is wholly demolished shall be removed from the register. Property that is partially demolished may be removed from the register, if deemed appropriate by the historic preservation commission.
4.
Information provided as mitigation will be made available to the public in a location agreed to by the historic preservation commission. Possible mitigation measures include:
a.
A minimum of four current photographs of the exterior, one from each corner;
b.
If available, floor plans;
c.
If available, any historic photographs;
d.
If available, any known historical narrative of the resource, its occupants, historical use, etc.;
e.
Documenting the historic resource, including photographic images of the building, architectural elements (both interior and exterior), special features and streetscapes;
f.
Coordination with the historic preservation commission to determine architectural features and materials eligible for salvage and reuse;
g.
Plaques or informational signs (provided by the applicant) to identify the demolished historic structure;
h.
Or other mitigation measures as proposed by the applicant and agreed to by the historic preservation commission.
5.
If the historic preservation commission finds that there is no feasible alternative to demolition, the historic preservation commission shall issue a certificate of demolition. The historic preservation commission may attach conditions to the certificate to mitigate the loss of the historic property. The certificate and any mitigation shall become conditions of approval of the demolition permit issued. After the property is demolished, the historic preservation commission shall initiate removal of the property from the register.
(Ord. 2016-11 § 2, 2016)
§ 18.24.090 Appeal process.
Any determination on the recommendation of recognition of a heritage property or historic island farm, register status of a register eligible property or decision on a register eligible or local register building permit (including demolition permit) may be appealed by the applicant to the city within 14 days of the date of the decision. The appeal shall be filed with the city clerk and shall clearly state the grounds upon which the appeal is based.
The appeal shall be reviewed by the appropriate body only upon the records of the commission. The appropriate bodies to appeal to are listed below by application type and decision.
A.
Register Eligible.
1.
Classification: planning director.
2.
Demolition conditions: city council.
3.
Appeal of classification/demolition conditions: hearing examiner.
4.
Further appeals: Kitsap superior court.
B.
Local Register.
1.
Nomination: planning director.
2.
Changes/alterations: city council.
3.
Demolition: city council.
4.
Appeal of nomination/changes/alterations/demolitions: hearing examiner.
5.
Further appeals: Kitsap superior court.
C.
Heritage Property.
1.
Recognition: planning director.
D.
Historic Island Farm.
1.
Recognition: planning director.
E.
Special Tax Valuation.
1.
Kitsap County superior court under RCW 34.04.510 through 34.05.598 in addition to any other legal remedy. Any decision of the historic preservation commission on the disqualification of historic property as being eligible for special valuation, or any other dispute, may be appealed to the Kitsap County board of equalization in accordance with RCW 84.40.038.
Table 18.24.090 – Criteria, Identification, Approval and Appeals of Local Register Eligible, Local Register, Heritage Properties and Historic Island Farms | ||||
|---|---|---|---|---|
Local Register Eligible | Local Register | Heritage Properties | Historic Island Farms | |
Criteria | Same as Local Register | Outlined in BIMC § 18.24.040.A | Must meet all criteria in BIMC § 18.24.030.A | Currently in use for farming or maintained as open space; was a farm prior to 1965; at least 2.5 acres; and at least 25% in use for farming or open space |
Who Identifies | HPC | Owner, HPC, General Public | Owner, HPC, City Council | Owner, HPC, General Public (with owner’s consent) |
Who Approves | HPC | HPC w/owner consent | Council after reviewing HPC recommendation | HPC |
Changes/Alterations | HPC reviews/comments to Building Official | Requires Certificate of Appropriateness from HPC | HPC review/comments to Building Official | N/A |
Demolition | Owner prepares analysis for HPC review; approval by Planning Director Mitigation may be required | Owner prepares analysis for HPC review and approval and City issues Cert of Demolition Mitigation may be required | Owner prepares analysis for HPC review/comments, approval by City Council Mitigation may be required | N/A |
Appeals | Classification: Planning Director (PD) Demolition: City Council Appeal of Classification/Demo: Hearing Examiner (HE) Further Appeals: Kitsap Superior Court | Nomination: Planning Director (PD) Changes/Alterations: City Council Demolition: City Council Appeal of Nom/Changes/Alts/Demo: HE Further Appeals: Kitsap Superior Court | Recognition: Planning Director | Recognition: Planning Director |
Other | •Incentives if placed on Local Register | •Signage provided •Zoning Relief available •Demolition by neglect provision applies • Eligible for tax incentives | •Signage provided •Honorary designation only •Eligible for tax incentives if on Local Register | •Signage provided •Honorary designation only |
(Ord. 2011-02 § 2 (Exh. A), 2011. Formerly 18.24.050; Ord. 2016-11 § 2, 2016)
§ 18.24.100 Review and monitoring of properties for special property tax valuation.
A.
Special Valuation Program Established. Pursuant to Chapter 84.26 RCW, a local option program is hereby established that shall make available to owners of historic property a special tax valuation for the rehabilitation of the historic property, as set forth in Chapter 84.26 RCW and this section.
B.
Application Process for Special Property Tax Valuation.
1.
An applicant desiring to obtain special property tax valuation for historic property shall file a complete application with the Kitsap County assessor no later than October 1st of the year immediately preceding the first assessment year for which special valuation classification is requested. Applications filed after the October 1st deadline shall not be considered for special property tax valuation until the following year.
2.
Complete applications shall include the following information and documentation:
a.
A legal description of the historic property;
b.
Comprehensive exterior and interior photographs of the historic property before and after rehabilitation;
c.
Architectural plans or other legible drawings depicting the completed rehabilitation work;
d.
A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to the date of application and the period of time during which the work was performed, with documentation of both to be made available to the historic preservation commission upon request; and
e.
For properties located within National Register historic districts, a statement from the Secretary of the Interior, indicating the property is a certified historic structure as defined in WAC 254-20-030(2).
3.
The Kitsap County assessor shall forward to the historic preservation commission all complete applications for special property tax valuation for historic property within 10 days after receiving such applications.
C.
Review Process.
1.
The historic preservation commission shall review each application for special tax valuation and determine: if the application is complete; if the subject property meets the criteria set forth in RCW 84.26.030 and WAC 254-20-070(1); and if the subject property meets the criteria set forth in subsection D of this section. The historic preservation commission shall review all timely applications, and shall enter a determination on the application no later than December 31st of the calendar year in which the application is made.
2.
If the historic preservation commission finds that a subject property is eligible and meets all criteria set forth in this section, the historic preservation commission shall enter into an historic preservation special valuation agreement with the owner of the subject property, which agreement shall contain all terms required by WAC 254-20-120. Upon mutual execution of such an agreement, the historic preservation commission shall approve the application.
3.
If the historic preservation commission determines that the subject property does not meet all the requirements of this section, the historic preservation commission shall deny the application.
4.
Historic preservation commission decisions to approve or deny applications for special tax valuation shall be in writing, shall describe the facts upon which the determination is based, and shall be filed with the Kitsap County assessor within 10 days after the date of the decision.
5.
For those applications approved by the historic preservation commission, the historic preservation commission shall forward a copy of the applicable historic preservation special valuation agreement, the application and all supporting documentation to the Kitsap County assessor. The historic preservation commission shall also notify the State Review Board that the subject property has been approved for special valuation and shall monitor the subject property for continued compliance with the historic preservation special valuation agreement throughout the 10-year special valuation period.
6.
The historic preservation commission shall determine whether a property is disqualified from special valuation either because of the owner’s failure to comply with the terms of the historic preservation special valuation agreement or because of a loss of historic value resulting from physical changes to the building or site. In the event that the historic preservation commission concludes that a property is no longer qualified for special valuation, the historic preservation commission shall notify the owner, the Kitsap County assessor and the State Review Board in writing and state the facts supporting its findings.
D.
Criteria.
1.
The class of historic property eligible for special valuation in the city includes all properties listed on the local register that have been substantially rehabilitated at a cost and within a time period that meets the requirements set forth in Chapter 84.26 RCW.
2.
Property Review Criteria. In its review of an application for special valuation of an historic property, the historic preservation commission shall determine if the subject property meets each of the following criteria:
a.
The property is an historic property;
b.
The property is included within a class of historic property determined eligible for special valuation pursuant to subsection D.1 of this section;
c.
The property has been rehabilitated at a cost that meets the definition set forth in RCW 84.26.020(2) within 24 months prior to the date of application; and
d.
The property has not been altered in any way that adversely affects those elements that qualify it as historically significant, as determined by applying the standards set forth in WAC 254-20-100(1).
3.
Rehabilitation and Maintenance Criteria. The historic preservation commission shall use the Washington State Advisory Council’s Standards for the Rehabilitation and Maintenance of Historic Properties set forth in WAC 254-20-100 as the minimum requirements for determining whether an historic property is eligible for special valuation and whether the property continues to be eligible for special valuation once it has been so classified.
E.
Agreement. The historic preservation commission shall use the historic preservation special valuation agreement set forth in WAC 254-20-120 as the minimum agreement required by this section.
(Ord. 2011-02 § 2 (Exh. A), 2011. Formerly 18.24.060; Ord. 2016-11 § 2, 2016)
§ 18.24.110 Fort Ward historic overlay district.
The following regulations apply to the Fort Ward historic overlay district and supplement those general standards contained in BIMC §§ 18.24.010 through 18.24.100. In the case of conflict between the provisions of this section and the provisions of previous sections of this chapter, the provisions of this section shall apply. Any applications for development within the Fort Ward historic overlay district not subject to the provisions of this section shall comply with the regulations for the underlying zone (R-2).
A.
Establishment of Boundaries. The provisions of this section shall apply to the Fort Ward study area as shown on Attachment 1, referred to as the Fort Ward historic overlay district.
 |
B.
Increases in Density.
1.
Availability. Residential density bonuses may be available for providing affordable housing pursuant to Chapter 18.21 BIMC.
2.
Building 16. The property tax identified as tax parcel number 112402-3-004-2003 containing a building of historical interest, identified as Building 16 on Attachment 2, shall be permitted an increase in density up to a total of eight units; provided, that the majority of the dwelling units are located inside Building 16; and provided, that the following development standards are met:
a.
The exterior of the building is rehabilitated and maintained in accordance with the standards established in subsection D of this section.
b.
The proposed work is reviewed by the historic preservation commission, and a certificate of review is issued, in accordance with subsection E of this section.
c.
A minimum of five feet of partial screen perimeter landscaping shall be provided along side and rear property lines. This requirement may be met by retaining existing vegetation on the property, or planting new vegetation. The perimeter landscaping requirement may be waived as part of the final decision on the permit, upon written agreement from adjoining property owners.
d.
Surface parking is encouraged to be located behind the building. Any surface parking that is adjacent to residential uses shall be fully screened so as to prevent headlights from shining on the adjacent residential uses.
e.
Parking may be located along the south property line; provided, that it is enclosed within a structure.
f.
The applicant shall provide community meeting space of not less than 500 square feet. This community meeting space may be provided within Building 16, or, upon approval by the city, this requirement may be met by the applicant making a financial contribution equal to the cost of constructing a 500-square-foot meeting space and one unisex bathroom stall within Building 16. If the financial contribution option is used:
i.
The applicant shall submit current cost estimates to the city building official for the construction of the meeting space, as described in subsection B.2.f of this section, meeting all code requirements and the same level of finishes and quality of construction as used elsewhere in the interior of the building;
ii.
The payment shall be held in a reserve account and may only be expended in support of the construction of a community meeting space in the Fort Ward historic overlay district;
iii.
The payment shall be expended in all cases within five years of collection; and
iv.
Any payment not so expended shall be refunded with interest to the property owners of record at the time of the refund; however, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest.
g.
The applicant complies with the requirements of subsection G of this section prior to issuance of an occupancy permit.
3.
Other Properties. Certain properties within the Fort Ward historic overlay district that contain a structure of historic interest, as identified on Attachment 2, shall be permitted to develop to the historic density as shown in Table 18.24.110-1; provided, that:
a.
The exterior of the building is rehabilitated and maintained in accordance with the standards established in subsection D of this section.
b.
The proposed work is reviewed by the historic preservation commission, and a certificate of review is issued, in accordance with subsection E of this section.
c.
The applicant complies with the requirements of subsection G of this section.
Table 18.24.110-1: Fort Ward Historic Overlay District Additional Densities | ||
|---|---|---|
Building Number | Tax Parcel Number | Density |
Building 13 | 11240230022005 | Up to 3 units |
Building 18 | 41470050010004 | 2 units |
Building 19 | 41470050020102 | 2 units |
Building 20 | 41470050030002 | 2 units |
Building 21 | 41470050040001 | 2 units |
C.
Maintenance and Rehabilitation of Buildings of Historic Interest.
1.
Buildings B and C. Buildings B and C (tax parcel number 80970000000007, a total of 10 units), as identified on Attachment 2, are buildings of historic interest that contribute to the character of the Fort Ward historic overlay district. Any project to alter, reconstruct, remodel, or restore the exterior of the subject buildings that requires permits from the city shall require review by the Fort Ward historic design review committee for compliance with the standards established in subsection D of this section and issuance of a certificate of review in accordance with the procedures established in subsection E of this section.
2.
Other Buildings. The buildings shown in Table 18.24.110-2, and identified on Attachment 2, are buildings of historic interest that contribute to the character of the Fort Ward historic overlay district. The rehabilitation and maintenance of these buildings is to be encouraged. Any owner who wishes to alter, reconstruct, remodel, or restore the exterior of the subject buildings in a manner that maintains its historic character may request the review services of the historic preservation commission. The historic preservation commission shall be available to review the proposed changes, and to advise the applicant as to design elements, construction techniques and materials that would be compatible with the historic character of the specific building.
Table 18.24.110-2: Fort Ward Historic Overlay District Other Buildings of Historic Interest | |
|---|---|
Building Number | Tax Parcel Number |
Building E | 11240220032006 |
Building 46 | 41470050050000 |
Building 47 | 41460010030002 |
Building 48 | 41460010010103 |
Building 49 | 41460030050006 |
Building 50 | 41460030030008 |
Building 51 | 41460030010000 |
Building 60 | 41460010050000 |
The rehabilitation and maintenance of any other buildings of historic interest within the Fort Ward historic overlay district is to be encouraged. Any owner who wishes to alter, reconstruct, remodel, or restore the exterior of these buildings in a manner that maintains its historic character may also request the review services of the historic preservation commission.
 |
D.
Standards for Maintenance or Rehabilitation of the Exteriors of Buildings of Historic Interest.
1.
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its context.
2.
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
3.
Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
4.
Many properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
5.
Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
6.
Deteriorated architectural features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of buildings, if appropriate, shall be undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
9.
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.
10.
New additions and 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.
E.
Application and Review by the Historic Preservation Commission.
1.
Certificate of Review Required. No applicant shall alter, reconstruct, remodel, or restore the exterior of the subject buildings pursuant to subsection B.2, B.3 or C.1 of this section, and no city permit or approval of such activity shall be issued without review by the historic preservation commission and without issuance of a certificate of review by the historic preservation commission.
2.
Preliminary Review. Upon submittal of application for site plan and design review permit or building permit, the applicant shall schedule a preliminary review meeting with the historic preservation commission. A staff planner shall also attend the preliminary design review meeting. Prior to the review meeting, the applicant shall provide historic preservation commission members with “as is” photographs of the subject building and site; a site plan showing the location of the building or buildings; the proposed method of cleaning and treating masonry and other surfaces; exterior elevations of the front and side with a description of the proposed type and finished color of exterior siding, proposed windows and roofing to be used; and proposed architectural features and trim. All diagrams shall be drawn to scale. The historic preservation commission may request additional information and/or a site visit as necessary for their review and recommendation. Any conditions agreed to in this meeting shall become conditions of approval of the permits granted.
3.
Final Review. Prior to issuance of permits, the applicant shall schedule a final review meeting with the historic preservation commission. A staff planner shall also attend the final review meeting. Upon determination that conditions specified in the preliminary design review and the requirements of this chapter are met, the historic preservation commission shall issue a final certificate of review in a form to be approved by the city. The final certificate of review shall be attached to the building permit.
4.
Exemptions. Emergency repairs, ordinary repair and maintenance and interior remodeling shall not require a certificate of review.
F.
Notice on Title. Prior to issuance of building permit, the owner of any property seeking an increase in density pursuant to subsection B of this section shall record with the Kitsap County auditor a restrictive covenant in a form approved by the city. Such document shall provide notice in the public record of the requirement that any alteration, reconstruction, remodel, repair, or restoration of the exterior of the subject buildings must comply with the provisions of this chapter. The applicant shall submit proof to the city that the restrictive covenant has been filed. The covenant shall run with the land and failure to provide such notice to any purchaser prior to transferring any interest in the property shall be in violation of this chapter.
G.
Design Guidelines. In addition to complying with all other applicable provisions of this chapter, permitted development, redevelopment, and exterior renovation in the Fort Ward district shall comply with those regulations contained in the “Design for Bainbridge” review regulations.
(Ord. 2011-02 § 2 (Exh. A), 2011. Formerly 18.24.070; Ord. 2016-11 § 2, 2016)
§ 18.24.120 Heritage tree register.
A.
The historic preservation commission shall review nominations of heritage trees to be included on the heritage tree register; provided, that pending further review by the city council the duties of the historic preservation commission under this subsection shall be performed by the planning commission.
B.
Criteria for Listing. Individual trees or tree stands may be designated heritage trees because they exhibit valued, unique characteristics that set them apart from other similar trees. Heritage trees shall meet one or more of the following criteria:
1.
Specimen. A tree of exceptional size, form or rarity.
2.
Size. Any tree with a DBH of 36 inches or more.
3.
Species. Locally important native trees or trees and tree stands that are associated with the character of the community. Species that are rare in the area, with the exception of nonnative, invasive tree species.
4.
Age. Trees of exceptional age.
5.
Historic, Cultural or Habitat Significance. Trees associated with notable local or regional historical or cultural events, persons, structures or landscapes. Trees planted as commemorative trees. Trees that serve as important habitat for valued wildlife.
6.
Ecological Value. Trees or tree stands with high ecological value due to their location, size, species and/or condition.
7.
Aesthetics. A tree with special aesthetic value due to its form or function it serves in the landscape (for example, a landmark pair of trees that frame an entrance).
8.
Location. Trees valued for their particular location.
C.
Process for Designating Heritage Trees.
1.
Trees may be nominated by the:
a.
Owner; or
b.
Any member of the public.
2.
The historic preservation commission shall examine each application and make a determination based on the heritage tree criteria whether the tree or tree stands are eligible for the register; provided, that pending further review by the city council the duties of the historic preservation commission under this subsection shall be performed by the planning commission.
3.
Once determination has been made, the historic preservation commission shall notify the property owner; provided, that pending further review by the city council the duties of the historic preservation commission under this subsection shall be performed by the planning commission. The property owner must agree to the nomination by signing a consent form attached to the nomination form.
D.
Responsibilities for Owners of Trees on the Register. The heritage tree or tree stand is retained by the property owner and does not become property or responsibility of the city. Upon acceptance of a nomination, the city will list the tree or tree stand on the register. If requested, the city will provide the owner with a professional arborist’s assessment of the tree or tree stand.
E.
Removal of Trees from the Register. Heritage tree designation does not prohibit a property owner from developing a property and/or removing a heritage tree. The owner shall consult with the historic preservation commission; provided, that pending further review by the city council the duties of the historic preservation commission under this subsection shall be performed by the planning commission, prior to removing of a tree.
F.
Incentives for a Tree(s) on the Register. Heritage trees may receive density bonuses pursuant to BIMC § 18.15.010.G.5.b.
(Ord. 2016-11 § 2, 2016; Ord. 2024-30 § 1, 2024)
§ 18.24.130 Historical signage program.
A.
The historic preservation commission shall review suggestions for historical signage and determine whether the proposal to install historical signage is appropriate.
B.
Criteria for Signage. The historic preservation commission shall determine, based on the factual natural of the proposal, the degree of significance, and the connection to the site whether a historic sign is appropriate. If the site is a city road end, feedback from the marine access committee (MAC) will also be considered.
C.
Process for Proposing Historical Signage.
1.
Candidate sites for historical signage may be proposed to the historic preservation commission by:
a.
Owner; or
b.
Any member of the public.
2.
Suggestions should identify the candidate site and the significant event/person/structure that is associated with the site. Proposals should not include specific language for the suggested sign. The development of content is a collaborative process completed by the historic preservation commission and the Bainbridge Island History Museum (BIHM).
3.
Determination of Appropriateness.
a.
If the proposed site is a city road end, the MAC will be informed and the historic preservation commission will request feedback on whether the MAC supports the suggestion for historical signage at that site.
b.
The historic preservation commission will review the suggestion for historical signage and will determine whether the proposal to install historical signage is appropriate. The historic preservation commission’s determination will be based on the factual nature of the proposal, the degree of significance, and the connection to the specific site. If the site is a city road end, the feedback from the MAC shall also be considered.
4.
Content of Signage.
a.
If the historic preservation commission determines that the suggestion for signage is appropriate, the historic preservation commission will work in collaboration with the BIHM to develop specific language and other signage content (graphics, photos, etc.). The BIHM will attest to the historical accuracy of the wording, including references where needed.
b.
The draft of the sign shall be submitted to the historic preservation commission for final approval. The sign must meet all of the following criteria:
i.
The sign shall be historically accurate.
ii.
The story must have a relationship to the location.
iii.
The sign shall be clear, concise and address only the salient historic facts.
(Ord. 2016-11 § 2, 2016)
§ 18.24.140 Recognition of historic island farms.
A.
Intent. The intent of this section is to publicly recognize and encourage an essential element of the island’s character and history – family farms.
B.
Criteria for Designation. A historic island farm shall meet the following criteria:
1.
Currently used as a farm;
2.
At least 25 percent of the lot used for farming;
3.
Was a farm prior to 1965; and
4.
Is at least two and one-half acres in size.
C.
Process for Designation. Any person may recommend a farm for recognition as a historic island farm.
D.
Designation as a historic island farm is an honorary designation and shall not restrict the sale, alteration, use or the exercise of any other right of ownership.
(Ord. 2016-11 § 2, 2016)
