Historic Preservation
Code
HISTORIC PRESERVATION COMMISSION
154.601 TITLE
This Chapter shall be known as and may be cited as the City Historic
Preservation Code.
§154.602 PURPOSE
The purpose of the Historic Preservation Code is to promote the protection,
enhancement, perpetuation, and use of improvements of special character or
historical interest or value in the interest of the health, prosperity, safety,
and welfare of the people of the City of Washington by:
- Providing a mechanism to identify and preserve the historic and
architectural characteristics of Washington which represent elements of the
City's cultural, social, economic, political and architectural history;
- Promoting civic pride in the beauty and noble accomplishments of the past
as represented in Washington's landmarks and historic districts;
- Stabilizing and improving the economic vitality and value of Washington's
landmarks and historic areas;
- Protecting and enhancing the attractiveness of the City so as to draw
buyers, visitors, and shoppers, thereby supporting business, commerce,
industry, and providing economic benefit to the City;
- Fostering and encouraging preservation, restoration of structures, areas,
and neighborhoods and thereby preventing future urban blight.
§154.603 DEFINITIONS
Unless specifically defined below, words or phrases in this ordinance shall
be interpreted giving them the same meaning as they have in common usage and so
as to give this ordinance its most reasonable application.
- Alteration - Any act or process that changes one or more of the exterior
architectural features of a structure, including, but not limited to the
erection, construction, reconstruction, or removal of any structure.
- Area - A specific geographic division of the City of Washington.
- Addition - Any act or process which changes one or more of the
"exterior architectural features" of a structure designated for
preservation by adding to, joining with or increasing the size or capacity
of the structure.
- Building - Any structure created for the support, shelter or enclosure of
persons, animals or property of any kind and which is permanently affixed to
the land.
- Certificate of Appropriateness (COA) - A certificate from the Historic
Preservation Commission authorizing plans for alterations, construction,
removal or demolition of a landmark or site within a designated historic
district.
- Commission - Washington Historic Preservation Commission.
- Commissioners - Voting members of the Washington Historic Preservation
Commission.
- Construction - The act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot or property.
- Council - The City Council of the City of Washington.
- Demolition - Any act or process that destroys in part or in whole a
landmark or site within a historic district.
- Design Guideline - A standard of appropriate activity that will preserve
the historic and architectural character of a structure or area.
- Exterior Architectural Features - The architectural and general
composition of the exterior of a structure, including, but not limited to
the kind, color, and the texture of the building material and the type,
design and character of all windows, doors, light fixtures, signs, and
appurtenant elements.
- Historic District - An area designated as a "historic district"
by ordinance of the City Council, and which contains within definable
geographic boundaries, one or more landmarks and which has within its
boundaries other properties or structures that, while not of such historic
and/or architectural significance to be designated as landmarks,
nevertheless contribute to the overall visual characteristics of the
landmark or landmarks located within the historic district.
- Landmark - Any building, structure or site which has been designated as a
"landmark" by ordinance of the City Council, pursuant to
procedures prescribed herein, that is worthy of rehabilitation, restoration,
and preservation because of its historic and/or architectural significance
to the City of Washington.
- Owner of Record - The person, corporation, or other legal entity listed as
owner or owners on the records of the Tazewell County Recorder of Deeds.
- Rehabilitation - 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 historic, architectural and cultural
values.
- Removal - Any relocation of a structure on its site or to another site.
- Repair - Any change that does not require a building permit or that is not
construction, relocation or alteration.
- Structure - Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground, including, but without
limiting the generality of the foregoing, buildings, fences, gazebos,
advertising signs, billboards, backstops for tennis courts, radio and
television antennae, including supporting towers, swimming pools, satellite
dishes, solar panels and wind generation.
- Structural Change - Any change or repair in the supporting members of a
building, structure, roof or exterior walls which would expand the building
in height, width or bulk of the building.
§154.604 APPLICATIONS FOR LANDMARK AND HISTORIC DISTRICT DESIGNATION AND
DECERTIFICATION
- Only the owner of property that is proposed to be designated as a Landmark
or proposed to be located within a proposed Historic District, a Commission
member, or member of the City Council may file an application for the
designation or decertification of a Landmark or a Historic District. All
applications shall be filed with the Planning and Development Director, or
his or her designee, on such forms as shall be prescribed from time to time
by the Commission. The application shall be accompanied by such plans or
data prescribed by the Commission. The application shall contain a
statement, in writing, by the applicant, and adequate evidence showing, that
the proposed designation conforms to the standards contained in this
subchapter.
- At a minimum, the application shall include the following:
- For a Landmark:
- The name and mailing address of the property owner;
- The legal description and common street address of the property;
- A written statement describing the property and setting forth reasons
in support of the proposed designation or decertification;
- Documentation that the property owner has been notified or consents to
the application for designation or decertification;
- A list of significant exterior architectural features that should be
protected;
- An overall site plan and photographs of the landmark;
- Any other information deemed necessary by the Commission, including
but not limited to, plans, drawings, elevations and specifications.
- For a Historic District:
- The names and mailing addresses of all of the property owners within
the proposed area;
- A map delineating the boundaries of the area to be designated or
decertified;
- A written statement describing the area and properties within the
historic district and setting forth reasons in support of the proposed
designation or decertification;
- Documentation that the property owners have been notified or signed
the application for designation or decertification;
- A list and photographs of significant exterior architectural features
of all properties in the district that should be protected;
- The application shall be signed by no less than fifty-one (51) percent
of the all of the owners of each parcel of property within the area
proposed to be designated or decertified;
- Any other information deemed necessary by the Commission, including
but not limited to, plans, drawings, elevations and specifications.
- All applications, whether for landmark or district designation or
decertification, shall be accompanied by payment of a one hundred dollar
($100.00) filing fee.
§154.605 STANDARDS FOR LANDMARK DESIGNATION
No Landmark designation shall be recommended by the Commission unless the
Commission finds that the property, structure, or area possesses the integrity
of design, workmanship, materials, location, and setting that meets one or more
of the following criteria:
- Significant value as part of the historic, heritage or cultural
characteristics of the community, county, state or nation;
- Identification with a person or persons who significantly contributed to
the development of the community, county, state or country;
- Representative of the distinguishing characteristics of architecture
inherently valuable for the study of a period, type, method of construction
or use of indigenous materials;
- Notable work of a master builder, designer, architect or artist whose
individual work has influenced the development of the community, county,
state or country;
- Unique location or singular physical characteristics that make it an
established or familiar visual feature;
- Character as a particularly fine or unique example of a utilitarian
structure, including but not limited to farmhouses, gas stations, or other
commercial structures, with a high level of integrity or architectural
significance;
- An area that has yielded or may be likely to yield, information important
in history or prehistory.
§154.606 STANDARDS FOR HISTORIC DISTRICT DESIGNATION
No Historic District designation shall be recommended by the Commission
unless the Commission finds that the proposed Historic District meets the
following criteria:
- The proposed Historic District contains one or more Landmarks and contains
such other buildings, places or areas within its definable geographic
boundaries which, while not of such historic significance to be designated
as landmarks, nevertheless contribute to the overall visual characteristics
of the landmark or landmarks located in the proposed Historic District;
- The proposed Historic District contains a significant number of structures
meeting any one or more of the standards for designation of a Landmark under
§154.605 above;
- The proposed Historic District demonstrates a sense of time and place
unique to the City of Washington, and/or;
- The proposed Historic District exemplifies or reflects the cultural,
social, economic, political or architectural history of the nation, the
state, or the community.
§154.607 LANDMARK AND HISTORIC DISTRICT DESIGNATION PROCEDURES
- The applicant shall prepare and submit ten (10) copies of the Application
and supporting materials for the designation or decertification of a
Landmark or Historic District.
- The application and supporting materials must be submitted to the Planning
and Development Director no later than the fifteenth (15th) day of the month
prior to the meeting at which the Commission will review and recommend
action on the designation or decertification.
- The Commission shall recommend or not recommend the application for
designation or decertification within forty-five (45) days of the date of
the application or the filing by the applicant of last item of required
supporting data, whichever date is later, unless such time is extended by
the mutual consent of the applicant and the Commission.
- Upon receipt of a proper application, supporting documentation, and
statement referred to above, the Commission shall hold at least one (1)
public hearing on the proposed designation or decertification. Not more than
thirty (30) days, and not less than fifteen (15) days, in advance of the
hearing, notice of the time, place and date of the hearing shall be
published in a newspaper of general circulation in the City. The notice
shall state the location of the property or area proposed to be designated
and a statement summarizing how the proposed Landmark or Historic District
meets the standards set forth in this subchapter.
- In addition to the public notice herein provided, written notice of the
date, time, place, and purpose of the public hearing shall be given to the
owner(s) of record of the property which is proposed to be designated as a
Landmark or to be included within a Historic District, and to the applicant.
This additional notice will be mailed, by first class mail, postage prepaid,
or delivered by the City Clerk to the address of record of the owner(s) of
the property and to the address as shown on the application of the
applicant.
- At the public hearing, the Commission shall receive public comment and
review and evaluate the application according to the Standards established
by ordinance.
- The Commission shall make specific findings of fact with regard to the
Standards provided in this subchapter, and a written recommendation on each
application shall be made to the City Council within the time required for a
determination of the Commission, as hereinabove provided. Following the
public hearing, the Secretary of the Commission shall prepare the
Commission's findings of fact, evaluation, recommendation and all supporting
documentation received at the public hearing and shall submit same to the
City Council.
- All action of the Commission to recommend or not recommend the designation
of a Landmark or Historic District shall be made by a resolution passed by
the affirmative vote of a majority of the Commissioners then in attendance.
- The owner(s) of record of the property proposed to be designated as a
Landmark or included within a proposed Historic District shall be notified
promptly of the recommendation of the Commission by the Secretary of the
Commission.
§154.608 AUTHORIZATION OF LANDMARK OR HISTORIC DISTRICT DESIGNATION
- The affirmative vote of a majority of the City Council then in attendance
shall be required for granting of a Landmark or Historic District
designation.
- Upon the granting of a Landmark designation, a notice of Landmark
designation will be mailed to the property owner, filed with the Planning
and Development Director, filed with the City Clerk's office, and recorded
with the Tazewell County Recorder of Deeds. Upon the granting of a Historic
District designation, a notice of Historic District designation will be
mailed to all of the property owners located within the Historic District,
filed with the Planning and Development Director, filed with the City
Clerk's office, and recorded with the Tazewell County Recorder of Deeds
against each lot, block and parcel of real estate located within the
Historic District.
- Upon a denial of a Landmark designation or a Historic District
designation, no new application for the designation of the subject property
or any of the properties within the area proposed to be designated as a
Historic District may be filed, nor will any such application be considered
by the Commission, for a period of ninety (90) days.
§154.609 CERTIFICATE OF APPROPRIATENESS
- A Certificate of Appropriateness (COA) issued by the Commission shall be
required before a building permit or demolition permit is issued for any
Landmark or any building, structure, or site or part thereof in a Historic
District. A COA shall also be required before any Landmark or any building,
structure or site or part thereof in a Historic District is altered,
extended, or repaired in such a manner as to produce a major change in the
exterior architectural features of such building or structure. For purposes
of this Section, the term "major change" shall include, but is not
limited to, the following:
- Any change by addition, alteration, maintenance, reconstruction,
rehabilitation, renovation or repair that requires the issuance of a
Building Permit under the Code of Ordinances;
- Any new construction and demolition in whole or in part requiring a
permit from the City of Washington;
- Moving or relocating a building;
- Any construction, alteration, demolition, or removal affecting a
significant exterior architectural feature as identified and specified in
the ordinance designating the Landmark or Historic District.
- Notwithstanding Paragraph (A) above, a COA shall not be made required
where the applicant shows to the Commission that a failure to grant the
permit will cause an imminent threat to life, health, or property.
- No COA shall be required for the following activities:
- Change in exterior paint scheme;
- Installation of, or change in, storm doors, storm windows, screens,
window air conditioners, or television antennas;
- Ordinary repair and maintenance of existing exterior architectural
features which does not change the basic structural appearance of same;
- Installation and repair to walks, patios, or driveways;
- Installation of outside storage and mechanical equipment that cannot be
seen from the street;
- Installation, removal, or change in landscaping.
§154.610 APPLICATION FOR CERTIFICATE OF APPROPRIATENESS
- Every application for a building permit or demolition permit issued for
any Landmark or any building, structure, or site or part thereof in a
designated Historic District, including plans and specifications, if any,
shall be promptly forwarded to the Commission. In those instances where a
COA is required but a building and/or demolition permit is not, a separate
application for COA shall be submitted to the Commission.
- The application for issuance of a COA must include:
- Street address of the property involved.
- Legal description of the property involved.
- Brief description of the present improvements situated on the property.
- A detailed description of the construction, alteration, demolition, or
use proposed together with any architectural drawings or sketches if those
services have been utilized by the applicant and if not, a sufficient
description of the construction, alteration, demolition, and use to enable
the Commission to determine what final appearance and use of the real
estate will be.
- Owner's name and address;
- Applicant's name and address;
- Contractor's name, if different than owner.
- Architect's name and address, if any.
- The applicant shall prepare and submit ten (10) copies of the Application
for a COA and supporting materials to the Planning and Development Director.
The Planning and Development Director shall forward the Application and
supporting materials to the Commission within five (5) working days after
receipt.
§154.611 STANDARDS FOR CERTIFICATES OF APPROPRIATENESS
- No COA shall be issued by the Commission unless the Commission finds that
one or more of the following criteria, as developed by the Secretary of the
Interior's "Standards for Rehabilitation", are met:
- The 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 site environment;
- 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;
- 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;
- Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved;
- Distinctive stylistic features or examples of skilled craftsmanship that
characterize a building, structure, or site shall be treated with
sensitivity;
- Deteriorated historic 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;
- The surface cleaning of the structures, if appropriate, shall be
undertaken using the gentlest means possible;
- Significant archaeological resources affected by a project shall be
protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken;
- 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;
- New additions and adjacent or related new construction shall be
undertaken in such a manner that if removed in the future, the essential
form and integrity of the Landmark and/or the Historic District would be
unimpaired.
- Design guidelines for applying the Standards for issuance of a COA shall
at a minimum, consider the following architectural criteria:
- Height - the height of any proposed alteration or construction should be
compatible with the style and character of the landmark and with
surrounding structures in a historic district;
- Proportions of windows and doors - The proportions and relationships
between doors and windows should be compatible with the architectural
style and character of the landmark;
- Relationship of Building Masses and Spaces - The relationship of a
structure within a historic district to the open space between it and
adjoining structures should be compatible;
- Roof Shape - The design of the roof, fascia, and cornice should be
compatible with the architectural style and character of the landmark;
- Landscaping - Landscaping should be compatible with the architectural
character and appearance of the landmark;
- Scale - The scale of the structure after alteration, construction, or
partial demolition should be compatible with its architectural style and
character and with surrounding structures in a historic district;
- Directional Expression - Facades in historic districts should blend with
other structures with regard to directional expression. Structures in a
historic district should be compatible with the dominant horizontal or
vertical expression of surrounding structures;
- The direction expression of a landmark after alteration, construction,
or partial demolition should be compatible with its original architectural
style and character;
- Architectural Details - Architectural details including types of
materials, colors, and textures should be treated so as to make the
landmark compatible with its original architectural style and character of
a landmark or historic district;
- New structures in a Historic District shall be compatible with the
architectural styles and design in the Historic District.
§154.612 CERTIFICATE OF APPROPRIATENESS PROCEDURES
- The applicant shall prepare and submit ten (10) copies of the Application
and supporting materials for the designation or decertification of a
Landmark or Historic District.
- The application for a COA and supporting materials must be submitted to
the Planning and Development Director no later than the fifteenth (15th) day
of the month prior to the meeting at which the Commission will review and
act on the application for a COA.
- The Commission shall issue or deny the COA at its next regularly scheduled
meeting after the timely filing of the application, or at any properly
called special meeting of the Commission for that purpose, unless such time
is extended by the mutual consent of the applicant and the Commission.
- The affirmative vote of the majority of the members of the Commission then
in attendance shall be required for granting of an application for a COA.
- The Commission shall make specific findings of fact with regard to the
Standards provided in this subchapter, and a written approval or denial on
each application shall be made by the Commission. Following the meeting, the
Secretary of the Commission shall prepare the Commission's findings of fact,
evaluation, and determination and shall personally deliver or mail a copy
thereof to the applicant, by first class mail, postage prepaid, to the
address of the applicant stated on the application within five (5) business
days after the meeting of the Commission.
- In the event that the Commission grants the application for a COA, the
Planning and Development Director shall issue a signed COA to the applicant.
- A COA issued by the Planning and Development Director shall be effective
from and after the fourteenth (14th) day after the meeting of the Commission
at which the application therefore was granted.
- In the event that the Commission denies an application for a COA, the
Commission shall, in addition to submitting the information provided above,
submit to the applicant the reasons for the Commission's denial.
- Within fourteen (14) days of receipt of the notification of denial, the
applicant may resubmit an amended application for a COA that takes into
consideration the recommendations of the Commission. If an amended
application is not submitted within said fourteen (14)-day period, the
decision of the Commission shall become final.
- Within fourteen (14) days of the filing of an amended application for a
COA with the Planning and Development Director, the Commission shall meet
and either issue the COA or schedule a new meeting for the appeal as set
forth below.
- The process for the appeal of the denial of an amended application for a
COA shall be as follows:
- The Commission shall designate a time and place for the hearing of the
appeal and give written notice thereof to the applicant by mailing
notice of the meeting, by first class mail, postage prepaid, not less
than ten (10) days prior to the date of the meeting to the address of
the applicant as stated in the application for the COA.
- At the hearing, the Commission and the applicant shall have the right
to introduce evidence and cross examine witnesses. The Secretary of the
Commission shall make and keep an audio recording, video recording or
written transcript of the meeting.
- Within five (5) days after the date of the hearing, the Commission
shall issue a written decision on the amended application, and notify
the Planning and Development Director and the applicant thereof, unless
the time is extended by mutual agreement between the Commission and the
applicant.
- In the event of a denial of the amended application by the Commission,
the applicant may appeal the decision to the City Council, whose
decision in this matter shall be final subject only to judicial review
as provided by law. The applicant shall provide the Secretary of the
Commission a notice of any such appeal.
- A COA shall permit only such changes as are specified in the COA. Any
modifications of the plans, as approved by the Commission in the COA, will
not be permitted.
- Any work or change authorized by a COA but not substantially started
within (90) days of the issuance of the COA shall require a new COA. Once
works has started under the COA, such work not completed within one (1) year
of starting construction shall require a new COA.
§154.613 CERTIFICATE OF ECONOMIC HARDSHIP
- Notwithstanding any of the provisions of this subchapter to the contrary,
the Commission may issue a Certificate of Economic Hardship to allow the
performance of work for which a Certificate of Appropriateness has been
denied.
- An applicant for a Certificate of Economic Hardship must submit one or
more of the following in order to assist the Commission in making its
determination on the application:
- The amount paid for the property, the date of purchase and the party
from whom purchased (including a description of the relationship, if any,
between the owner and the person from whom the property was purchased);
- The assessed value of the land and improvements thereon according to the
two most recent assessments;
- Real estate taxes for the previous two years;
- Remaining balance on the mortgage, if any, and the annual debt service,
if any, for the previous two years;
- All appraisals obtained within the previous two years by the owner or
applicant in connection with this purchase, financing or ownership of the
property;
- Any listing of the property for sale or rent, price asked and offers
received, if any;
- Any consideration by the owner as to profitable adaptive uses for the
property;
- If the property is income-producing, the annual gross income from the
property for the previous two years, itemized operating and maintenance
expenses for the previous two years, and annual cash flow before and after
debt service, if any during the same period;
- Form of ownership or operation of the property, whether sole
proprietorship, for-profit or not-for-profit corporation, limited
partnership, joint venture or other;
- Any other information, including the income-tax bracket of the owner,
applicant, or principal investors in the property, reasonably necessary
for a determination as to whether the property can be reasonably used or
yield a reasonable return to present or future owners.
- If the Commission finds that without approval of the proposed work for
which a COA has been denied, the property owner cannot obtain a reasonable
economic return therefrom, then for a period not to exceed ninety (90) days,
the Commission shall investigate the plans and make recommendations to the
City Council to allow for a reasonably beneficial use or a reasonable
economic return, or to otherwise preserve the subject property. Such plans
and recommendations may include, but not be limited to:
- A relaxation of the provisions of this subchapter; and/or
- Building code modifications; and/or
- Changes in zoning regulations.
- If, by the end of the ninety (90) day period referred to above, the
Commission has found that without approval of the proposed work for which a
COA has been denied, the property cannot be put to a reasonable beneficial
use or the owner cannot obtain a reasonable economic return therefrom, then
the Commission shall issue a Certificate of Economic Hardship approving the
proposed work. If the Commission finds the property can be put to a
reasonable beneficial use or the owner can obtain a reasonable economic
return therefrom, the Commission shall deny the application for a
Certificate of Economic Hardship.
- The Certificate of Economic Hardship shall be effective from and after the
fourteenth (14th) day after the meeting of the Commission at which the
Certificate of Economic Hardship was granted.
§154.614 APPEALS
- When a Certificate of Appropriateness or a Certificate of Economic
Hardship is approved or denied, the applicant, the owner of any property
within the approved Historic District that includes the property within its
boundaries, or any property owner within two hundred fifty (250) feet from
any boundary of the subject property, within fourteen (14) days, may appeal
the determination and decision of the Commission to the City Council.
- The Commission shall submit the record of its proceedings, and a copy of
its decision to the City Council. No new matters not included in the record
before the Commission may be considered by the Council.
- By affirmative vote of the City Council then in attendance at the meeting
thereof, the City Council may affirm, reverse, and/or remand for further
proceedings, the decision of the Commission.
- The Secretary of the Commission shall notify the applicant and the
Planning and Development Director within seven (7) days of the Council's
decision, and shall take such action as shall be necessary as a result of
the decision of the City Council within fourteen (14) days thereof.
§154.615 NATURAL DESTRUCTION OR DEMOLITION
In the case of partial or complete natural destruction or demolition of a
site within a Historic District or of a Landmark, the owner must obtain a
Certificate of Appropriateness from the Commission prior to reconstruction.
Although exact duplication of the previous structure may not be required, the
exterior design of the property shall be in harmony with:
- The exterior design of the structure prior to damage, and
- The character of the Historic District.
§154.699 FEES AND PENALTIES
- The City Council, upon recommendation from the Commission, may establish
an appropriate system of processing fees and bonds to fulfill the provisions
of this subchapter.
- Any person who undertakes or causes an alteration, construction,
demolition, or removal of any Landmark or property within a Historic
District without a COA shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not less than one hundred dollars
($100) nor more than one thousand dollars ($1,000). Every day such violation
shall continue to exist shall constitute a separate violation.
-
In
addition to any other remedies and penalties provided in this subchapter,
the City Attorney is authorized and directed to file institute, at the
direction of the corporate authorities in the name of the City, civil
actions for temporary restraining orders, temporary injunctions, permanent
injunctions, or for damages, against any person, firm or entity violating
this subchapter. In any such action, in addition to any other remedy or
damages, the City shall be entitled to recover its reasonable attorneys'
fees and court costs, whether such attorneys' fees are incurred for
preparation, negotiation, trial, appellate, or otherwise.
(Ord.
2750, passed 10-1-07)