Waterville City Zoning Code
CHAPTER 17
24 HISTORIC OVERLAY DISTRICT
§ 17.24.010 Purpose.
The purpose of this chapter is to establish a means by which the beauty and authenticity of Waterville's historic structures may be conserved as reminders of our heritage; to conserve and enhance the appearance of the town of Waterville; to preserve areas of historical note or architectural merit; to encourage beneficial economic developments; to assist property owners and tenants in maintaining the character of the community; to foster civic pride in the beauty and accomplishments of our past; to protect and enhance the town's attractions to residents and tourists; and to encourage community interest, cooperation and participation.
To achieve these purposes, the town of Waterville recognizes the need to develop specific standards, requirements, and incentives through applied zoning standards to encourage multiple uses of historic structures while seeking to minimize the potential conflicts of these uses.
(Ord. 835 § 1 (Exh. A), 2021)
§ 17.24.020 Designation of historic overlay district.
To be considered for designation, the area or district shall contain a number of structures having been included in the local, state or National Register of Historic Places or have a special character or special historic, cultural, or architectural interest or value.
In addition to the requirements found elsewhere in this title, petitions for and/or amendment of the existing boundaries to a historic overlay district or creation of a new historic overlay district shall include a brief description of the characteristics of the proposed district or expansion, which justifies its designation, and a description of the particular features which should be preserved, and shall include a legal description of the proposed district. Prior to formal consideration by the town, such petitions should have the concurrence of the historic preservation commission.
A district or neighborhood may be designated as a historic overlay district if it:
A.
Has significant character, interest, or value as part of the development, heritage or cultural characteristics of the town; or
B.
Portrays the environment in an era of history characterized by a distinctive architectural style; or
C.
Embodies those distinguishing characteristics of an architectural type; or
D.
Represents an established and familiar visual feature of the neighborhood or town; or
E.
Is part of, or adjacent to, an existing historic overlay district and shares or adds to the context of the district.
(Ord. 835 § 1 (Exh. A), 2021)
§ 17.24.030 Demolition of historic structures.
The purpose of this section is to seek alternatives to demolition of historic or significant structures located within the town of Waterville. To accomplish this purpose the following additional conditions shall be applied to the provisions set forth in WMC § 15.04.030 for demolition of structures located within a historic district and/or structures listed on the local, state or National Register of Historic Places.
Note: These provisions shall not apply to any structure where the building official, or other designated public safety official having the authority to do so, has determined that the structure or portion thereof poses an immediate or imminent danger. The responsible official may approve demolition of such structures or portion(s) thereof where reasonable and feasible measures to stabilize the structure are not available. In all such cases the responsible official shall make a record as to the circumstances that lead to and/or initiated the emergency that necessitated the setting aside of the following holding period and related public process.
A.
A 21-day holding period shall be observed, following the determination of completeness on the application for demolition, prior to issuance of a development authorization for demolition of structures over 50 years old, or places of historic value, during which time the permit administrator will invite comments from the Washington State Department of Archaeology and Historic Preservation and local interest groups having on file a request for notification of such applications, on the possible historic or architectural significance of the structure or place to the community.
B.
If, based on comments received per subsection A of this section, the permit administrator determines that the subject structure or place does not possesses sufficient community-wide historic or architectural significance to merit further review for protection, the permit administrator shall provide written notice to the building official providing zoning clearance for the issuance of the demolition permit application.
C.
If, based on comments received per subsection A of this section, the permit administrator determines that the subject structure or place possesses sufficient community-wide historic or architectural significance that further public input is warranted, the proposal will be subject to the following:
1.
An additional 30-day stay during which the permit administrator and/or historic preservation commission may consult with local and/or state organizations concerned with historic architectural characteristics. If the structure or place is found to be significant, the permit administrator or the concerned group(s) or agency(ies) may petition the planning and zoning commission for a public hearing to consider significance of the structure or place and options available to preserve the public interest.
2.
Based on input received at the public hearing, the planning and zoning commission may:
3.
In the event that no viable preservation strategy can be negotiated or found as a result of completing the above, the town shall process such permits for the demolition of the building requested by the applicant.
(Ord. 835 § 1 (Exh. A), 2021)
§ 17.24.040 Ordinary maintenance.
Nothing in these historic overlay sections of code shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of a building within the historic overlay district(s), where such maintenance or repair does not involve a change in design material, or the outward appearance thereof.
Such normal care shall be considered to include building color, exterior awnings, signage and window treatments; except, that this chapter shall prohibit the painting of previously unpainted brick, stone, masonry, or terra cotta surfaces on any building eligible for historic designation. Nothing in this chapter shall be construed to prevent the construction, reconstruction, alteration or demolition of any feature which the building official certifies is required for the public safety because of unsafe or dangerous conditions.
(Ord. 835 § 1 (Exh. A), 2021)
§ 17.24.045 Required maintenance.
All registered historic buildings with shared walls are required to maintain an intact building shell, including roof, walls, and foundation.
(Ord. 835 § 1 (Exh. A), 2021)
§ 17.24.050 Decisions, appeals, modifications, deviations and variances.
A.
Decisions. All decisions issued by the building official, permit administrator, historic preservation commission, planning and zoning commission and/or hearing examiner relating to the review of applications, issuance and/or revocation of permits for historic overlay applications shall be supported by a written finding of fact and conclusions. Said documents shall be attached to the file and kept in the records of the town. At a minimum, such findings and conclusions (related to the proposed work, use and/or petition as appropriate) shall include documentation which supports each of the following criteria:
1.
The proposed action maintains or will not detract from the historic and/or architectural character or significance of the building or district.
2.
The proposed action is an effective means of preserving the values and features of the structure or district, or is necessary and justified to protect the health and welfare of the community.
3.
The proposed action is generally compatible with the neighborhood as regards traffic flow, hours of operation, noise and light.
4.
The proposed action will not adversely affect the district.
B.
Appeals. Appeals of any decisions made by the permit administrator pursuant to the interpretation and the application of these sections shall be made to the hearing examiner and processed according to the procedures established under Chapter 14.10 WMC. Decisions made by the historic preservation commission and the planning and zoning commission relative to the application of the zoning provisions of this title are recommendations and therefore not an appealable record decision. Appeals of any decision made by the building official and the hearing examiner shall be as provided elsewhere in this code.
C.
Modifications and Deviations. An applicant, with the consent of the property owner, may apply to the permit administrator for a modification and/or a deviation of any of the requirements imposed by historic overlay district development standards. In determining whether a modification and/or a deviation is (are) appropriate, the permit administrator shall consider the following:
1.
The application in which the applicant has demonstrated by clear and convincing evidence that, because of special circumstances not generally applicable to other property or facilities, including size, shape, age, design, topography, location, alternate method, or surroundings, that the strict application of those mandatory requirements of this section would be unnecessary to further the purposes of the district or are not applicable or that the application as proposed is equivalent to the standard being considered.
2.
Whether the project has obtained from the Waterville historic preservation commission a certificate of appropriateness or waiver in cases where the subject property and/or building is listed on the town of Waterville register of historic places.
3.
The opinion of the Waterville historic preservation commission on the overall level of impact the project, as proposed with the modification and/or deviation, will likely have on the overall historic overlay district in which the project is located.
4.
That the project as proposed with the modification and/or deviation will still meet the purpose and intent of the historic district overlay and advance the comprehensive plan.
5.
That in no case would the granting of a modification and/or deviation result in a reduction of the requirements set forth in the underlying zoning district.
D.
Variances. In addition to the criteria that must be considered in granting relief on petitions for variances contained elsewhere in this title, the hearing examiner shall additionally consider the following when considering variances for lands within a historic overlay district:
1.
Whether the project has obtained from the Waterville historic preservation commission a certificate of appropriateness or waiver in cases where the subject property and/or building is listed on the town of Waterville register of historic places.
2.
The opinion of Waterville historic preservation commission on the overall level of impact the project as proposed with the variance will likely have on the overall historic overlay district in which the project is located.
(Ord. 835 § 1 (Exh. A), 2021)
§ 17.24.110 CB-H – Intent.
In order that the historic portion of the central business district, buildings, parks and public facilities within the area may not be injuriously affected; to promote the public welfare; and to provide for the enhancement of this area and its structures, thereby contributing to the social, cultural, and economic welfare of the residents and businesses of Waterville by developing an awareness of its historic heritage, returning unproductive structures to useful purposes, and attracting tourists to the town; and in order that a reasonable degree of control may be exercised over the site, development, and architecture of the private and public buildings erected therein, there is hereby created the central business historic overlay (CB-H) district.
The district, and the buildings, structures and park identified therein, possess significant aspects of Waterville history, architecture and culture. Historic, cultural, and architectural significance is reflected in the architectural cohesiveness of an area. For the foregoing reasons, many of the features contained in the buildings and structures in an historic district should be maintained and preserved.
The district includes a mixture of commercial and professional buildings and town park. It is the intent of the CB-H district to provide certain uniform protections and processes for commercial and professional buildings located within the district.
(Ord. 835 § 1 (Exh. A), 2021)
§ 17.24.120 CB-H – District territory defined.
The physical boundaries of the central business historic overlay district are illustrated on the map included in the ordinance codified in this chapter as Attachment 1.
(Ord. 835 § 1 (Exh. A), 2021)
§ 17.24.130 CB-H – District permit process.
Applications shall be processed, reviewed, approved, approved with conditions or denied in the following manner:
A.
All applicants and prospective applicants are encouraged to seek guidance and input from the permit administrator and/or historic preservation commission in an attempt to establish consistency with the goals and standards of the CB-H district.
B.
Applications for development or re-development of structures within the boundaries of the CB-H district shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of the CB-H regulations as well as all other relevant regulations. Such applications shall be reviewed by the permit administrator for compliance with all the goals and standards established by this title. For the purposes of enabling WMC § 17.24.050(C) and WMC § 17.24.100 through 17.24.160, the permit administrator is empowered and directed to review applications for a permitted use and/or physical alterations under the CB-H district as a hearing examiner and may apply reasonable conditions in the same manner, scope and limitations as a conditional use permit. The permit administrator may circulate the application among other departments and agencies for comments and review for other regulations.
C.
For applications that the permit administrator does not readily find routine compliance with, the permit administrator shall seek an opinion from the historic preservation commission as to the consistency of a particular application in cases of new construction and in cases where there is a physical alteration of the building facade and/or adjoining streetscape that has the potential to adversely impact the character of the building or streetscape and/or in cases where there may be confusion regarding a particular requirement or code section, and/or substantial record interest in a particular building and/or place.
D.
In such cases, the historic preservation commission shall provide written findings and conclusions to the permit administrator supporting or rejecting the applicant's proposed project or portions thereof. Such findings and conclusions shall be based on the following criteria:
1.
Any conversion of use maintains or will not detract from the historic and/or architectural significance; and
2.
The proposed use is compatible with the historic and architectural values of the structure; and
3.
The use is generally compatible with the neighborhood as regards traffic flow, hours of operation, noise and light; and
4.
The proposed work's architectural features will be consistent with the design and streetscape standards and guidelines set forth in this code.
E.
In the absence of substantial record interest in a particular building and/or place or where the proposed alteration(s) are determined to be minor or in full compliance with the requirements of this chapter, permit decisions may be issued by the permit administrator as an administrative permit action without seeking guidance or concurrence from the historic preservation commission. In such cases, the permit administrator shall prepare written findings and conclusions supporting the consistency of the proposed project, or portions thereof, with the intent and requirements of this chapter.
(Ord. 835 § 1 (Exh. A), 2021)
§ 17.24.140 CB-H – Application of standards.
Nothing in these CB-H sections shall be construed to require any alteration or material change of any existing legally established nonconforming use or properly maintained structure.
All building, construction, alterations, installations, maintenance, improvements (collectively known as work) or use/activity changes that are initiated and/or commenced within the CB-H district after the effective date of the enabling ordinance of these sections shall comply with the standards and procedures established herein.
A.
Approval of Exterior Changes Required. No person shall alter, demolish, construct, remodel, or otherwise make any material changes in the exterior appearance and/or facade of any existing structure within the boundaries of the CB-H district without zoning clearance of the permit administrator, regardless of whether no other permit or approval is customarily required.
B.
Approval of Interior Alterations and Conversions Required. Work and/or change of occupancy requiring a permit required elsewhere in this code shall be processed in accordance with WMC Title 14, provided it has been determined by the permit administrator that the proposed alterations do not violate any other sections of this chapter.
C.
Approval of New Construction Required. No person shall construct any new structure within said district, and no permit shall be issued for the same, except in accordance with the standards and procedures established by this chapter.
(Ord. 835 § 1 (Exh. A), 2021)
§ 17.24.150 CB-H – Conversion of use.
Residential conversion is only permitted in second stories and above.
(Ord. 835 § 1 (Exh. A), 2021)
§ 17.24.160 CB-H – Building design and streetscape improvements.
A.
Intent. The following guidelines are hereby established as the design review guidelines for rehabilitation, new construction, and public amenities. The guidelines are intended to ensure a certainty of design quality within the CB-H district, protect the historic fabric of the district, enhance the economic viability of the district through the promotion of their architectural character, and provide a clear set of physical design parameters for property owners, developers, designers, and public agencies.
These guidelines are intended to provide a set of basic standards for architectural and physical design within the district. The guidelines will be used by the historic preservation commission and permit administrator as a baseline for the design review process, but will not supersede the authority of the town to exercise its judgment and discretion on a case-by-case basis. The guidelines are also set out to provide assistance to owners, developers, and designers involved in project planning by providing general design and technical recommendations.
Relief from and/or an alternative to these guidelines may be granted as provided in WMC § 17.24.050.
B.
Design Guidelines. The following character-defining features shall be recognized as essential to the district's historic image and used as the basis for design review of proposals for rehabilitation of existing buildings and review of new construction within the districts.
1.
Height. The centerpiece and height benchmark for the district are the brick one- and two-story buildings along Locust Street with an average height of approximately 30 feet. The maximum height for new buildings constructed in the district shall not exceed that of the underlying district.
In the rehabilitation of existing buildings, their existing height should be maintained, and the parapets and cornices should be kept intact. Any rooftop additions, penthouses, building systems equipment, or roof-mounted structures should be set back from existing parapet walls sufficiently to conceal them from view from street level if practical.
2.
Scale. Scale refers to a building's comparative relationship to neighboring buildings and its fit within the districts. The typical two-story building in the district is 25 to 50 feet wide and 56 to 104 feet deep. Scale is also determined by the proportions of the architectural elements within the composition of the individual building facades. Exterior building facades shall be of a scale compatible with surrounding buildings and shall maintain a zero setback from the sidewalk. Window and door proportions, including the size and design of the sash and frame floor height, floor shapes, street elevations, and other elements of the building facades shall relate to the scale of the surrounding buildings.
3.
Materials. The predominant building materials within the district are masonry, including brick, granite, terra cotta, and stucco. Rehabilitation of existing buildings and construction of infill buildings shall utilize masonry or masonry appearance as the predominant building materials to the extent practical to blend with the predominant materials on the surrounding buildings.
4.
Minimum Maintenance. All historic buildings in the districts shall be maintained against decay and deterioration caused by neglect or defective or inadequate weather protection. Violations of this section are hereby declared a public nuisance and shall be abated in the manner as prescribed by Chapter 15.04 WMC in such cases; substantial merit must be given to preservation of the historic building stock in the choices of the method of abatement of the defect(s).
5.
Storefront Design. A major character-defining feature of the buildings within the central business district is the storefront. The glass storefront is a consistent feature from one building to the next, and serves as a unifying feature of the district by forming continuity along the street. Preservation of the storefront is essential to the maintenance of the district's image and character. Rehabilitation of an existing building shall include preservation of the existing storefront or reconstruction of a new storefront, which is compatible with the original in scale, size, and material to the extent practical. New construction shall also include storefronts. Street-level retail sales and service should be strongly considered for ground-floor use in order to more effectively implement storefront design.
To facilitate maintenance of storefront design, the permit administrator and/or historic preservation commission shall serve as a source of guidance and technical materials available from state, regional or town programs designed for historic preservation.
6.
Windows, Multi-Story Buildings. Double-hung wood or metal sash windows are a character-defining feature of the multi-story buildings within the district. Many of the windows in older buildings may fail to meet current energy guidelines and, as such, may be slated for replacement during rehabilitation/conversion of these spaces. Preservation of the appearance of traditional sash style for the building is essential to the maintenance of the district's image and character. Rehabilitation of these spaces shall include preservation of the original appearance, or establishment of new windows which are compatible with the original scale, size, and material to the extent practical.
7.
Awnings. Awnings have been a traditional addition to the facades of buildings within the district and shall be encouraged within the district as a functional exterior feature. All awnings should be compatible with the historic character of the buildings and should be based in design upon historic counterparts.
The following design elements are encouraged for building awnings:
a.
Be constructed to generally reflect the shape and character of the window openings;
b.
Be, or appear to be, retractable or in the form of historic awnings;
c.
Be constructed with canvas-like fabric rather than high gloss material;
d.
Be in colors and/or patterns which complement the building and have basis in the historic record;
e.
Be attached to the buildings in a manner which does not permanently damage the structure or obscure significant architectural features;
f.
Awnings on adjacent storefronts are encouraged to be coordinated in height and proportion. Use of a continuous sign band extending over adjacent shops within the same building is encouraged as a unifying element.
8.
Color. In an effort to maintain the historic integrity of the neighborhood, consistency with the usual and accustomed colors and tones on exterior facades is desirable. Building colors should contribute to the distinct character of the historic building. Original building colors should be researched and considered in any new color scheme. Whether contrasting or complementary, the colors should reflect the design of the building. Building colors should utilize a limited palette. Colors should be selected to emphasize building form and highlight major features of the building. Owners are encouraged to avoid color schemes using clashing colors. This chapter establishes a prohibition on the painting of brick or other unpainted masonry, stone or tile or defacing the natural state of such historic building materials by painting surfaces which are not previously painted.
9.
Signs. Chapter 19.60 WMC establishes broad controls on signage type, location and materials appropriate in each of the zoning districts established within the town. This historic zoning overlay incorporates the sign standards established under Chapter 19.60 WMC except as specifically provided herein.
All new permanent signs, and all changes in lighting of existing signs displayed so as to be visible from streets, sidewalks, or alleys, require approval by the town consistent with Chapter 19.60 WMC.
The overlay zoning makes allowances for additional signage types within the district and places further restrictions designed to further the goals of the district to conserve and enhance the appearance of the town of Waterville. To the extent that the standards established by this chapter conflict with those established under Chapter 19.60 WMC, allowances and restrictions established under this section shall be deemed to supersede underlying regulations.
a.
Location and Size of Signs.
i.
Signs shall not dominate the building facades or obscure their architectural features (arches, transom panels, sills, moldings, cornices, windows, etc.).
ii.
The size of signs is encouraged to be of a scale appropriate for pedestrians and slow-moving traffic. Projecting signs shall generally not exceed 16 square feet.
iii.
Signs on adjacent storefronts are encouraged to be coordinated in height and proportion. Use of a continuous sign band extending over adjacent shops within the same building is encouraged as a unifying element.
iv.
Portable sandwich board signs located on sidewalks, driveways or in parking lots are allowed as per WMC § 19.60.040(K)(4), provided they do not block pedestrian circulation or use of walkways or utilities.
v.
Existing historic wall murals should be restored or preserved in place. New wall murals shall conform to established guidelines for the central business district.
vi.
New billboards and rooftop signs are prohibited.
b.
Signs – Materials and Illumination.
i.
Use of durable and traditional materials (metal and wood) is strongly encouraged. All new signs shall be prepared in a professional manner.
ii.
Use of lettering in keeping with adjacent buildings or similar to that used historically in the district shall be encouraged.
iii.
In general, illumination shall be external, nonflashing, and nonglare.
iv.
New internally lit signs shall be prohibited within this district subject to the right of appeal and deviation allowances provided herein. Approval of any new internally illuminated signs shall be based upon individual demonstration of compatibility with adjacent structures or the unique history of the subject property.
v.
Neon signs may be permitted in cases where they are designed to be compatible with the building's historic and architectural character or appearance.
C.
Streetscape Guidelines. Streetscaping is essential in the development of the district in order to create value and enhance private development efforts. Proper design of streetscapes and public open spaces provides a unifying theme and unique identity for the district, complements and extends the presence of the existing buildings, encourages pedestrian circulation, and creates a gateway to other downtown businesses.
1.
Sidewalk Paving. Paving should be of brushed concrete and should match the established grid pattern for the district.
(Ord. 835 § 1 (Exh. A), 2021)