Friday Harbor City Zoning Code
CHAPTER 17
64 HISTORIC PRESERVATION
§ 17.64.010 Purpose.
The purpose of this chapter is to implement the goals and policies of the comprehensive plan including:
A.
Creation of an historic preservation review board;
B.
Creation of an inventory of historic sites;
C.
Creation of an historic preservation overlay district;
D.
Creation of an historic preservation technical manual; and
E.
Establishment of incentive programs to encourage historic preservation.
(Ord. 1172 § 82, 2001; Ord. 1189 § 7, 2002)
§ 17.64.020 Review board created.
An historic preservation review board shall be appointed pursuant to the provisions of Chapter 2.58 FHMC.
(Ord. 1172 § 83, 2001)
§ 17.64.030 Historic preservation overlay district.
The historic preservation overlay district boundary is divided into three separate areas called neighborhoods: downtown commercial area, residential neighborhood, and transitional neighborhood. The three neighborhood boundaries of the historic preservation overlay district are depicted on the official historic preservation overlay district in FHMC § 17.12.020[1].
(Ord. 1172 § 84, 2001; Ord. 1801 § 2, 2024)
[1]
Editor's Note: Exhibit D Historic Preservation Overlay District Map is included as an attachment to this title.
§ 17.64.040 Definitions.
For the purposes of this chapter and Chapter 2.58 FHMC, the terms set out in this section shall have the meanings indicated, unless a different meaning is clearly identified within the written content of a subsection of this chapter.
"Administrative review"
means a limited method of design review for qualifying building projects located in the historic district, and historic landmark register properties outside the district. At the discretion of the land use administrator or his/her designee, administrative review may be utilized for ordinary repair and maintenance and other building projects that propose to replace or restore existing or original architectural or other building elements with the same design and materials.
"Certificate of appropriateness"
means a certificate issued by the historic preservation review board after it has reviewed proposed changes (1) to the exterior of a historic district property, (2) to the exterior of a register property, or (3) to the interior of a register property if interior features were a contributing factor for purposes of special property tax valuation. For register properties, elements subject to review include, but are not limited to, any feature which contributed to its designation, including significant exterior buildings, structures, and garden and landscape features.
"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.
"Cost of rehabilitation" or "cost"
means the actual cost of rehabilitation, as defined by Chapter 84.26 RCW, for purposes of special property tax valuation. Qualifying cost shall be at least 25 percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation. The expenditures shall be incurred within 24 months prior to the date of application for special property tax valuation.
"Declaration of restrictive covenant" or "restrictive covenant"
means a legal document attached to a deed of property that restricts certain rights of an owner for the purpose of preserving historic resources.
"Demolition"
means the complete destruction or dismantling of historically significant buildings, structures, objects or sites, or significant destruction or removal of features of a landmark that were attributable to its designation.
"Demolition by neglect"
is the destruction of a building, structure or object to a condition that renders it impossible to preserve or restore or to ensure public safety through abandonment or lack of maintenance.
"Design review"
means the process, conducted by the historic preservation review board, of determining if proposed actions meet established measures for protection and preservation of historic buildings, objects, sites and structures, including the goals and policies of the comprehensive plan.
"Emergency repair"
means work identified by the building official as necessary to prevent imminent destruction or dilapidation to real property or structural appurtenances thereto which are threatened or damaged by fire, flood, earthquake, tsunami or other disaster and pose an identifiable threat to public safety.
"Historic landmark designation" or "landmark"
means designation of a historic building, object, site, or structure on the town of Friday Harbor historic landmark register.
"Historic overlay district" or "district"
means a geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development as depicted in FHMC § 17.64.030.
"Historic preservation"
means the process of designating and protecting historic buildings, objects, sites, and structures.
"Historic preservation manual," "preservation manual," "manual," "technical guidelines" or "guidelines"
means the Friday Harbor historic preservation manual of standards approved, published, revised and distributed by the town of Friday Harbor.
"Historic preservation review board" or "HPRB"
means the board created by FHMC § 2.58.020.
"Incentives"
are such rights or privileges or combination thereof which the Friday Harbor town council, or other 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 qualifying properties for the purpose of historic preservation.
"Inventory of historic sites" or "inventory"
means the comprehensive inventory of historic and prehistoric sites within the boundaries of Friday Harbor.
"Landmark"
means a building, object, site, or structure of outstanding historical, aesthetic, or cultural importance that has been designated by the council and listed on the Friday Harbor historic landmark register.
"Landmark register," "historic landmark register" or "register"
means a list of historically significant properties or landmarks, including historic buildings, objects, sites, and structures that have been approved by the council for designation on the historic landmark register pursuant to FHMC § 17.64.080.
"National Register of Historic Places" or "National Register"
means the national listing of properties significant to our nation's history because of their documented importance to our history, architectural history, engineering, or cultural heritage.
"Object" or "historic object"
means 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.
"Ordinary repair and maintenance"
means work for which a permit issued by the town 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 appurtenant thereto and to restore the same as nearly as may be practicable within the reasonable discretion of the town, to the condition prior to the occurrence of such deterioration, decay or damage. Painting of previously unpainted surfaces is not considered ordinary repair and maintenance.
"Owner"
of a property means the fee simple (free of other claims) owner of record as it exists on the San Juan County assessor's records.
"Rehabilitation"
means 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.
"Relocation"
means the removal from, or moving of, a landmark from its original location as identified in the Friday Harbor inventory of historic sites.
"Significance" or "significant"
used in the context of historic significance means the following: a property with local, state or national significance which helps in the understanding of the history of the local area, state, or nation by emphasizing the impact of events or persons associated with the property, or its architectural type, or style.
"Site"
means a place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains a historical or archaeological value regardless of the value of any existing structure. Historic sites are listed in the Friday Harbor inventory of historic sites. Qualifying sites may be listed in the local landmarks register.
"Special property tax valuation" or "special valuation"
means the local incentive program implemented pursuant to Chapter 84.26 RCW, which when implemented makes available to property owners a special property tax valuation for rehabilitation of historic properties.
"Structure"
means a work made up of interdependent and interrelated parts in a definite pattern or organization. Generally constructed by human resources, it is often an engineering project.
"Vernacular architecture"
refers to a type of design and construction based on local customs, traditional forms, available materials, and other practical concerns, often evolving through adaptation and experimentation.
"Waiver of certificate of appropriateness" or "waiver"
means the document indicating that the proposed action affecting a local register property and failing to find reasonable alternatives has issued a waiver of a certificate of appropriateness allowing the proposed action.
"Washington Heritage Register of Historic Places" or "State Register"
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.
"Washington State Advisory Council's standards for the rehabilitation and maintenance of historic properties" or "State Advisory Council's standards"
means the rehabilitation and maintenance standards used by the historic preservation review board as minimum requirements for determining whether or not a historic property is eligible for special property tax valuation and whether or not the property continues to be eligible for the tax program once it has been so classified.
(Ord. 1172 § 85, 2001; Ord. 1189 § 8, 2002; Ord. 1562 § 1, 2015)
§ 17.64.050 Applicability.
The provisions of this chapter shall apply to all new construction and to the alteration, modification, rehabilitation, restoration, preservation, designation, demolition or relocation of all existing structures located within the historic overlay district. It shall also apply to structures outside the district designated by the council as landmarks on the historic landmark register.
(Ord. 1172 § 86, 2001; Ord. 1189 § 9, 2002; Ord. 1562 § 2, 2015)
§ 17.64.060 Design review.
No certificate of appropriateness or waiver thereof, or permit for new construction in the historic overlay district, or alteration, modification, rehabilitation, or restoration of an existing historic or nonhistoric building in the district or any designated historic landmark building shall be issued until the applicant has met with the historic preservation review board (HPRB) for review of the development application for consistency with this chapter and the goals and policies of the historic and cultural resources section of the land use element of the comprehensive plan.
A.
Purpose. The Friday Harbor design review guidelines are intended to:
1.
Preserve the existing historic character and distinct appeal of the streetscapes, neighborhoods and significant structures in Friday Harbor;
2.
Enhance the visual unity of Friday Harbor by encouraging coherence in design without resorting to artificial "themes" or presenting a false sense of history;
3.
Present reasonable and effective methods for rehabilitation, restoration or alteration of existing structures and the means for consistent application of the Historic Preservation Manual; and
4.
Present methods to ensure that new construction in the historic district is compatible with the architectural traditions of Friday Harbor, particularly in terms of mass and scale.
B.
Applicability. Building permits for new construction or exterior alteration, modification, rehabilitation, or restoration of existing structures within the historic district, or buildings or sites listed on the Friday Harbor Historic Landmark Register, shall be issued only after the applicant has met with the historic preservation review board (HPRB or "board") for purposes of design review.
C.
Pre-Application Consultation. Because building design is an evolving and often expensive process, informal consultation with the HPRB or staff at the outset of a building project is strongly encouraged.
D.
Design Review Application. Prior to submitting a building permit application, property owners must provide a completed design review application. The form must be signed by the legal property owner or accompanied by a copy of a contractual agreement or letter signed by the owner stating that the owner has approved the proposed alterations or construction. This application and the accompanying materials identified in subsection E of this section must be received and date-stamped by the town no later than noon, eight calendar days before the next regularly scheduled HPRB meeting.
E.
Design Review Materials. Seven complete sets of design review materials must be submitted before a review is scheduled. The required materials include, but are not limited to: the design review process and request form; a written description of the proposed project; a site plan of the property showing all relevant property with building dimensions and boundaries; plan elevation and section drawings; detailed drawings of new or altered architectural features; a written description of the project with product and vendor information describing proposed exterior materials to be used; and photographs, current and archival, of the applicable building(s), site and streetscape. Design review materials for projects involving one or more of the historic preservation incentives require additional documents. Once a complete packet is received, staff will set a date for the design review and issue a written summary of the project for consideration by the HPRB.
F.
Design Review Process. No building permits are issued for projects within the historic district, or involving designated local landmark properties outside the district before the applicant has completed the design review. Applicant property owners or their designated representatives are required to submit the documents identified in subsection E of this section before a review is scheduled. Design reviews take place during regularly scheduled meetings held twice a month. Design presentation materials other than those submitted with the application may not be introduced during the review without prior notification to and approval by staff.
Public notice of all meetings and agendas is posted on the town of Friday Harbor website prior to the meeting.
The applicant, or authorized representative, must attend the design review meeting to present the proposed project. After the presentation concludes, members of the board may ask questions for clarification and otherwise offer comment. The review will conclude with a majority vote by the board to determine compliance or noncompliance with the guidelines as identified in the preservation manual. The board's findings will be transmitted as written recommendations to the town of Friday Harbor land use administrator.
The land use administrator may accept the findings as recommended, or may make a different determination. A building permit may be withheld only when the proposed building project is found by the land use administrator to be "noncomplying," the applicant has requested one or more of the historic preservation incentives, or the historic property is designated on the Friday Harbor Historic Landmark Register.
G.
Compliance. Compliance with the board's recommendations, if any, are voluntary on the part of the applicant unless:
1.
The design review process and request form submitted by the applicant includes a request for approval of one or more historic preservation incentives as outlined in FHMC § 17.64.070;
2.
The subject property has an enforceable historic preservation declaration of restrictive covenant already attached to its deed; or
3.
The property is listed on the Friday Harbor Historic Landmark Register.
The land use administrator will make the final determination regarding compliance or noncompliance before issuing the applicable permits.
H.
Administrative Review. "Administrative review" refers to a fast-track design review process for qualifying building projects located in the historic district, and Local Landmark Register properties outside the district.
An administrative review process may be used for building projects that propose: to replace existing architectural or other building elements with designs and materials that exactly match the existing or historic design and materials; to remove nonhistoric features; to make changes to nonhistoric architectural features on rear elevations of structures; or to make minor repairs as outlined in the rules.
Upon consultation and concurrence with the HPRB chairperson, staff may administratively review smaller projects or may elect to bring any project, regardless of size, for review by the full board.
An administrative review may be approved when:
1.
The proposed building project requires a town of Friday Harbor building permit;
2.
The proposed project meets the criteria of administrative review for landmarked properties;
3.
A completed "design review process and request form" and accompanying documentation have been submitted;
4.
Staff and the acting board chairperson have determined that the project, as proposed, complies with the historic preservation guidelines; and
5.
The applicant has not requested incentives.
(Ord. 1172 § 87, 2001; Ord. 1189 § 10, 2002; Ord. 1562 § 3, 2015; Ord. 1592 § 6, 2016)
§ 17.64.070 Incentive program.
A.
Purpose. The purpose of the incentive program is to encourage property owners and developers to rehabilitate historic buildings and to construct new buildings that are compatible with the predominant character of the historic district. In order to provide visual interest and variety as well as to make it easier for property owners to construct buildings with gable or hipped roofs, the town is offering a building height incentive in the historic district. Greater height may allow new buildings to be more compatible with historic structures and thus more in keeping with the predominant character-defining features of the historic district. In order to encourage the rehabilitation, adaptive reuse, and preservation of historic structures and the construction of new structures which are compatible with the predominant character of the historic district, as well as promote foot traffic instead of vehicular congestion, the town is also offering a financial incentive in the form of reduced parking requirements.
B.
Eligibility. The following persons are eligible to apply for the incentives set forth in subsection E of this section:
1.
The owners of historic structures in the historic district on which alterations are being proposed;
2.
The owners of nonhistoric structures in the historic district on which alterations are being proposed;
3.
The owners of property in the historic district on which new construction is being proposed.
C.
Qualification. In order to qualify for the incentives, an eligible property owner must demonstrate that the proposed project is designed in a way that fully complies with all of the applicable considerations and guidelines set forth in the adopted historic preservation manual of the town. The owner shall submit such information as may be necessary for the historic preservation board to review the proposed project for such compliance. After completing its review the board shall issue written findings and make a recommendation to the land use administrator. Said recommendation may be for approval, approval subject to specified conditions, or denial. The administrator shall then make a determination as to whether or not the project qualifies for the incentives.
If the administrator's determination that a project qualifies for the incentives is based on anything other than a completed set of building plans, sufficient for plan review purposes, the determination shall constitute preliminary approval only. In such cases, final approval may be given only after a completed set of building plans, substantially consistent with the preliminarily approved plans, has been submitted by the applicant. If the completed building plans differ substantially from the preliminarily approved plans, the project shall be returned to the board for its review and recommendation before the administrator makes a final determination.
D.
Covenant. If a project qualifies for the incentives the owner may incorporate the incentives in the project so long as the exterior appearance of the project is not altered from the design determined by the administrator to be in compliance with the manual; provided, however, that before a building permit is issued, authorizing construction that relies upon the incentives, the owner must submit a declaration of restrictive covenant, signed by all persons or entities having an ownership interest in the subject property, to include all mortgage holders and deed of trust beneficiaries, said document to be suitable for recording and binding upon subsequent owners of the subject property, by which all parties signing the document covenant and agree that the exterior appearance of the structure may not be in any way altered for a period of 20 years unless the proposed alteration has been reviewed by the board and found by the administrator to be in full compliance with the manual in effect at that time.
E.
Incentives.
1.
Height Incentive. The height of a qualified single-family structure may be increased to a maximum of 30 feet and the height of any other qualified structure may be increased to 35 feet if the pitch of all roofs on the structure which are located above 27 feet, other than as excepted below, have a pitch of 8:12 or greater.
a.
On structures that are qualified to exceed the normal height limitation of 27 feet, dormers may be added to the roof only if they meet the following requirements:
i.
Dormers may not occupy more than 60 percent of any given roof plane;
ii.
Shed dormers must have a minimum roof pitch of 4:12 or greater; and
iii.
Gable dormers must have the same roof pitch as the roof on which they are located.
b.
On structures that are qualified to exceed the normal height limitation of 27 feet, towers or other similar roof elements may have a roof above 27 feet without meeting the 8:12 pitch requirement only if the roof element meets the following requirements:
i.
The element is higher than its width;
ii.
The roof on the element has a pitch of 4:12 or greater; and
iii.
The roof area on the element is less than 20 percent of the area of the roof from which the element projects, or the roof area is less than 400 square feet, whichever is smaller.
c.
On structures that are qualified to exceed the normal height limitation of 27 feet, false fronts, as defined in the adopted historic preservation manual of the town, that project above the normal height limitation of 27 feet are allowed only if the portion above 27 feet does not cover more than 50 percent of the area of a rectangle formed by the width of the structure and the vertical distance between the normal height limit of 27 feet and the allowed incentive height limit of 30 feet or 35 feet, whichever is applicable.
2.
Parking Incentive. Qualified historic structures may be exempted from the off-street parking requirements of Chapter 17.68 FHMC. For qualified new construction and for the alteration of qualified nonhistoric structures, the off-street parking requirements of Chapter 17.68 FHMC may be reduced by 50 percent.
(Ord. 1172 § 88, 2001; Ord. 1189 § 11, 2002; Ord. 1232 §§ 1, 2, 3, 2003; Ord. 1244 § 1, 2004)
§ 17.64.080 Historic landmark register.
A.
Purpose. The purpose of this chapter is to recognize and designate on a landmark register the historic buildings, objects, sites, and structures that singly, or in combination, exemplify Friday Harbor's unique heritage and sense of place. Designation of a property on the landmark register also contributes to eligibility for those preservation incentives available only to properties with local historic landmark register designation.
B.
Nomination.
1.
Any person or the board may nominate a building, object, site or structure for inclusion in the register. For the purpose of this article, such building, object, site or structure may also be referred to as "property." Nominations must be submitted using the form provided by the town of Friday Harbor, and must include the following information:
a.
Address, tax parcel description, and ownership information;
b.
A thorough description of the property being nominated, including all contributing structures, objects and landscape features upon which the designation is proposed;
c.
A description of the manner in which the property satisfies the criteria for inclusion on the landmark register;
d.
Photographs, drawings and any other documents that illustrate the historic integrity, associations, and other significant features of the property; and
e.
Other relevant information requested by the town.
2.
Nominations must be signed by the owner(s) of the property being nominated.
3.
When the land use administrator or his or her designee is satisfied that the application is complete, the nomination shall be referred within 30 days to the HPRB for design review. Only fully completed applications will be scheduled for review.
4.
Once the nomination is scheduled for review by the board, the land use administrator or a designee will notify the owner(s) of the nominated property, the applicant (if different), and the public of the date of the public meeting. Prior to the meeting, copies of the nomination application, the staff report, and any other relevant documents will be provided to the parties. This information may also be provided to the public upon request.
C.
Preliminary Designation.
1.
The HPRB shall review and evaluate an application for register designation during a public meeting. The HPRB will review the application pursuant to FHMC § 17.64.060, and will take testimony concerning the application. The applicant must be present at the hearing to discuss why the property meets the criteria in subsection D of this section and any conditions recommended in the staff report.
2.
In the event the HPRB recommends approval of the application, staff will prepare a report summarizing the merits of the application and any recommended incentives, conditions, or covenants for the property or district. The report will include one of the following recommendations:
a.
Recommend approval of the application for designation on the landmark register;
b.
Recommend approval of the application, with conditions;
c.
Deny the application; or
d.
Defer consideration of the nomination to a continued public meeting.
D.
Criteria. Criteria for nominating a property for designation on the landmark register are:
1.
Nominated properties must:
a.
Be at least 50 years old;
b.
Be located within the corporate limits of Friday Harbor;
c.
Be significantly associated with the history, architecture, archaeology, or cultural heritage of the community; and
d.
Retain a significant degree of historic integrity. Historic integrity is demonstrated when the nominated property retains significant original architectural features, materials, workmanship, feeling, and association.
2.
Additionally, an eligible building, object, site, or structure must meet at least two or more of the following criteria by demonstrating it:
a.
Is identified with events, persons, or families that significantly contributed to the history and broad patterns of development of Friday Harbor;
b.
Reflects the particular combination of features that define Friday Harbor's cultural, economic, social, political, and aesthetic or architectural heritage;
c.
Is located in a unique or prominent setting or is an established and familiar visual feature;
d.
Contributes to the continuity or character of the streetscape, neighborhood, and historic district;
e.
Embodies, singly or in combination, the distinguishing original features of Friday Harbor's vernacular architecture, as identified within the adopted historic preservation manual;
f.
Demonstrates integrity by remaining in its original location and retains significant original features, materials, workmanship, feeling, and association; and
g.
Has been removed from its original location, but has significant architectural value, or is the only surviving structure associated with a historic event or person important to the heritage of the community.
3.
The nominated structure may be anywhere within the limits of Friday Harbor.
4.
Where there have been alterations, additions or infill development, the changes should not eliminate or obscure the primary architectural features, character or other elements that define the property or district as historic.
5.
The exterior of an individual property may include any significant outside features that may contribute to the designation, such as, but not limited to, outbuildings, garden features, natural and manmade landscapes, and related features.
E.
Findings of Fact. After the HPRB concludes its review of the application, the staff shall submit to the land use administrator the HPRB recommendation and findings of fact with reference to the criteria identified in subsection D of this section. The recommendations and findings will be forwarded with proposed management standards, and any recommended restrictive covenants for the property, and to the property owner(s). The owner(s) shall also be informed of any incentives which may be available for the property.
F.
Restrictive Covenants. In the event the HPRB recommends approval of a property for landmark designation, the owner or owners shall enter into an agreement with the town on a legal document provided by the town and filed with the San Juan County auditor, placing restrictions on the property for a period of 20 years as set forth in FHMC § 17.64.090.
G.
Council Review – Landmark Designation.
1.
The Friday Harbor town council will review the application, staff report, draft agreement, and HPRB findings submitted by the land use administrator pursuant to the process set forth in FHMC § 20.20.010. Once the council makes a final decision, the land use administrator shall notify the HPRB and the property owner.
2.
After a restrictive covenant is executed pursuant to FHMC § 17.64.090, final designation shall be made and the property shall be placed on the register. Designated properties shall be recorded on official zoning records with "HLR" for individual historic register designation. This designation shall not change the underlying zone classification.
H.
Effects of Listing on the Historic Landmark Register. Designated properties are subject to the following provisions:
1.
Designated properties shall be recorded on official zoning records with an "HLR" for historic landmark register. This designation shall not change or modify the underlying zone classification, except as otherwise allowed by this code. The "HLR" designation will be recorded on the title for the property and will be recorded with the San Juan County assessor's office.
2.
Properties listed on the register with the designation "HLR" shall be identified with a landmark plaque in accordance with design and materials authorized by the HPRB. The plaque shall be made visible to the public from a location agreeable to the property owner(s) and the town. The cost of the plaque and installation shall be shared equally by the town and the property owner(s).
3.
Landmarked properties, both within and outside the historic overlay district, are subject to design review requirements pursuant to FHMC § 17.64.060.
4.
Designated properties shall be encumbered with a 20-year restrictive covenant that makes mandatory the design review process in FHMC § 17.64.060 and all provisions of this chapter.
I.
Economic Incentives. In order to promote the preservation, restoration and rehabilitation of historic landmarks, the council may adopt or otherwise make available a variety of historic preservation incentives for the benefit of designated landmarks and properties contributing to the district, as pursuant to FHMC § 17.64.070.
J.
Changes to Registered Property. Pursuant to this chapter, an owner or other person responsible for a property on the register shall not modify, demolish, relocate, repair, or undertake any work that affects the approved exterior appearance of the property, or any property within a designated historic district, without a design review and certificate of appropriateness.
The land use administrator, or his or her designee, at his or her discretion, may issue a waiver of review for ordinary repairs and maintenance if the work does not change in design, type or style of materials, exterior treatment or designated interior features, or in any other way affect the appearance of the property as provided in FHMC § 17.64.080(M).
K.
Certificate of Appropriateness. An owner or other person responsible for a property on the register shall not modify, demolish, relocate, repair, or undertake any work that affects the approved exterior appearance of the property without a design review and certificate of appropriateness, or waiver, issued by the town of Friday Harbor. The land use administrator may exempt emergency repairs.
The town of Friday Harbor will issue a certificate of appropriateness when:
1.
A completed historic preservation review board review process and request form, and any other information necessary to illustrate the proposed work, has been submitted to the HPRB.
2.
A design review has been completed following the process set forth in FHMC § 17.64.060.
3.
The board's findings and recommendations are documented in writing, stating the findings of fact and reasons relied upon in reaching its decision.
4.
Any conditions agreed to by the applicant in the review process are included in the findings and are stated as conditions of approval for the issuance of a certificate of appropriateness, building permits and any terms defined by the required restrictive covenant.
5.
The board's findings and recommendations have been submitted to, and approved by, the land use administrator.
6.
The changes affecting the agreement set forth in subsection F of this section are documented as supplement A to the restrictive covenant, and shall be recorded with the property through the San Juan County auditor's office at the expense of the owner(s).
L.
Waiver of Review and Waiver of Certificate of Appropriateness. The land use administrator may, at his or her discretion, issue a waiver of review or waiver of certificate of appropriateness under the following conditions:
1.
For ordinary repairs and maintenance undertaken on a landmark property if the work does not change in design, type, or style of materials, the exterior treatment or designated interior features, or in any other way affect the appearance of the property.
2.
For actions which require a certificate of appropriateness or which may be within the scope of agreed upon management standards, when the proposed action will be reviewed by the Washington State Office of Archaeology and Historic Preservation or the National Park Service, and will be subject to the standards for rehabilitation of the Secretary of the Interior.
M.
Demolition, Demolition by Neglect and Relocation.
1.
Purpose. The purpose of this subsection is to provide a framework for dialogue between the town and property owners before landmarks are demolished, deteriorate, or are relocated. Demolition, relocation and demolition by neglect are actions that result in significant diminishment or loss of irreplaceable historic resources and should be considered only after alternatives have been determined unreasonable. When unavoidable, approval of demolition or relocation should include agreements that mitigate the loss to Friday Harbor's heritage. Demolition, demolition by neglect and relocation are defined in FHMC § 17.64.040.
2.
Review Required. No demolition or relocation permit will be issued for any building listed on the Friday Harbor historic landmark register within the boundaries of Friday Harbor, without prior notification to and review by the historic preservation review board. An applicant requesting approval to demolish a landmark shall meet with the board in an attempt to find alternatives to demolition. Alternatives to be considered include but are not limited to those identified in subsection (M)(3) of this section. These negotiations may last no longer than 90 days from the initial meeting of the board, unless either party requests an extension.
3.
Consideration of Alternatives. Anyone applying for a demolition or relocation permit for a property on the register shall prepare a report analyzing the following alternatives (listed in descending order of preference) as to their feasibility. The report shall consist of thorough, deliberative analyses of each of the alternatives, explaining why each alternative is or is not feasible.
a.
Redesigning the project to avoid any impact to the structure or setting;
b.
Incorporating the structure into the overall design of the project;
c.
Converting the structure into another use (adaptive reuse);
d.
Relocating the structure on the property;
e.
Relocating the structure to another property within Friday Harbor;
f.
Relocating the structure to another property on San Juan Island;
g.
Other mitigations such as researching and documenting the comprehensive history of the site, structure, persons and events associated with it, and/or salvaging key architectural features and materials for other local use.
If no agreement can be reached, either party may request a 30-day extension after which time the board shall make its recommendations for approval or denial of a certificate of appropriateness or a waiver for same.
4.
Waiver. The board may recommend to the land use administrator an appropriate mitigation as a condition of granting a waiver of the certificate of appropriateness and subsequent demolition permit.
Exemptions to this provision may be made if public safety is determined to be at imminent risk. Such a determination must be made in writing by the land use administrator and include written verification by a certified structural engineer at the property owner's expense.
5.
Demolition by Neglect. Demolition by neglect is the destruction of a building, structure or object through abandonment or lack of maintenance. To prevent demolition by neglect, exterior walls, structural supports, character-defining historic features, chimneys, flooring, roofing, porches and other significant features shall be maintained. In addition, to ensure public safety, uninhabited historic buildings shall be adequately secured to prevent unauthorized entry, pest infestation, and fire and water damage.
Neglect leading to the ultimate demolition of a structure on the register shall result in a penalty period of five years during which issuance of a building permit for new construction shall be withheld or other mitigation deemed suitable at the discretion of the land use administrator.
N.
Removal from the Register. In the event that a property is no longer deemed appropriate for designation as a historic landmark, such designation may be removed by the same procedure as provided for establishing the designation, except that owner consent is not needed.
(Ord. 1562 § 4, 2015)
§ 17.64.090 Restrictive covenant.
In the event the board recommends approval of incentives and/or landmark designation, the owner or owners of said properties shall enter into an agreement with the town on a legal document provided by the town, placing restrictions on the recipient property or properties for a period of 20 years.
Restrictive covenants are designed to preserve the historic integrity of the property by limiting repairs, modification, renovation, relocation or demolition of the property without prior authorization by the town or a waiver thereof. The town land use administrator or designee shall have 60 days to negotiate a draft agreement with the owner(s). An extension of 30 days may be granted if good cause is shown. Restrictive covenants shall include the following information and documents:
A.
Appropriate management standards for the exterior of the property;
B.
Appropriate management standards for the interior of the property if interior features were a contributing factor to the property's designation and eligibility for special property tax valuation incentives;
C.
Agreements wherein the owners agree not to modify, relocate or demolish the building, structure, object or site; and
D.
Any other covenants, criteria or conditions relevant to maintaining the property as a local historic landmark, to the extent allowed by law.
(Ord. 1562 § 5, 2015)
§ 17.64.160 Appeal process.
A.
An appeal of a final decision by the council must be filed within 21 days of the date of the decision, pursuant to applicable state law. Upon filing the appeal, the town clerk shall prepare, at the expense of the appellant, a certified copy of the record of the council and file the same with the clerk of the superior court under the case number of the application for the appeal.
B.
An administrative decision by the land use administrator or the board must be appealed to the council within 10 calendar days and must state in writing the facts supporting the appeal, any legal grounds for the appeal, and the decision requested by the appellant from the council.
(Ord. 1562 § 6, 2015)
§ 17.64.170 Violation and enforcement.
A.
Failure on the part of the applicant and/or property owner to comply with any part of this section may result in:
1.
Removal of the property from the register pursuant to FHMC § 17.64.080(N); and/or
2.
Ineligibility for historic preservation incentives set forth in FHMC § 17.64.070; and/or
3.
Any other action authorized by law.
B.
A violation of this chapter is both a public nuisance and a Class 1 civil infraction subject to the process and provisions of Chapter 1.18 FHMC. Each day a violation exists may be treated as a separate violation.
(Ord. 1562 § 7, 2015)
