Chapter 19.22 - Historic Preservation

The purpose of this chapter is to conserve the cultural resources of Cheney through the inventory and registry of historic places, the review of proposals which affect historic places, and the review of applications for special property tax valuation provided for by RCW Chapter 84.26 and Chapter 221, Laws of 1986.

(Ord. 0-54 § 1(part), 1988)

19.22.020 - Short title.

The following sections shall be known and may be cited as the "historic preservation ordinance of the city of Cheney."

(Ord. 0-54 § 1(part), 1988)

19.22.030 - Definitions.

The following words and terms when used in this chapter shall mean as follows, unless a different meaning clearly appears from the context:

(1)

A "building" is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings.

(2)

"Certificate of appropriateness" means the commission has reviewed the proposed changes to a local register property or within a local register historic district and certified the changes as not adversely affecting the historic characteristics of the property which contribute to its designation.

(3)

"Certified local government" or "CLG" means the local government has been certified by the State Historic Preservation Officer as having established its own historic preservation commission and a program meeting federal and state standards.

(4)

"Cheney historic inventory" or "inventory" means the comprehensive inventory of historic resources within the boundaries of the city of Cheney.

(5)

"Cheney historic preservation commission" or "commission" means the commission created by Section 19.22.040 of this chapter.

(6)

"Cheney Register of Historic Places," "local register," or "register" means the local listing of properties provided for in Section 19.22.110 of this chapter.

(7)

"Class of properties eligible for special valuation" means all properties listed on the National Register of Historic Places or certified as contributing to a National Register Historic District until such time as Cheney becomes a certified local government (CLG). Once a CLG, the class of properties eligible for special valuation shall be all properties listed on the local register of historic places or properties certified as contributing to a local register historic district.

(8)

A "district" is a geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, and/or objects united by past events or aesthetically by plan or physical development.

(9)

"Emergency repair" means work necessary to prevent destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster.

(10)

"Incentives" are are such rights or privileges or combination thereof which city council, or other local, state, or federal public body or agency, by virtue of applicable present or future legislation, may be authorized to grant or obtain for the owner(s) of register properties. Examples of economic incentives include but are not limited to tax relief, conditional use permits, rezoning, street vacation, planned unit development, transfer of development rights, facade easements, gifts, preferential leasing policies, beneficial placement of public improvements or amenities, or the like.

(11)

"National Register of Historic Places" means the national listing of properties significant to our cultural history, architectural history, engineering, or cultural heritage.

(12)

An "object" is a thing of functional. aesthetic, cultural, historical, or scientific value that may be, by nature of design, movable yet related to a specific setting or environment.

(13)

"Ordinary repair and maintenance" means work for which a permit issued by the city of Cheney is not required by law, and where the purpose and effect of such work is to correct any deterioration, or decay of or damage to the real property or structure appurtenance therein and to restore the same, as nearly as may be practicable, to the condition prior to the occurrence of such deterioration, decay, or damage.

(14)

"Owner" of property is the fee simple owner of record as exists on the Spokane County Assessor's records.

(15)

"Significance," or "significant," used in the context of historic significance means the following: a property with local, state, or national significance is one which helps in the understanding of the history of the local area, by illuminating the local, statewide, or nationwide impact of the events or persons associated with the property, or its architectural type or style in property, or its architectural type or style in property, or its architectural type or style in information potential. The local area can include Cheney, Spokane County or eastern Washington, or a modest geographic or cultural area, such as a neighborhood. Local significance may apply to a property that illustrates a theme that is important to one or more localities; state significance to a theme important to the history of the state; and national significance to property of exceptional value in representing or illustrating an important theme in the history of the nation.

(16)

A "site" is a place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupation or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may be the location of ruined or now nonexistent building or structure or the location itself which possesses historic cultural or archaeological significance.

(17)

"Special valuation for historic properties" or "special valuation" means the local option program which when implemented makes available to property owners a special tax valuation for rehabilitation of historic properties under which the assessed value of an eligible historic property is determined at a rate that excludes, for up to ten years, the actual cost of the rehabilitation. (RCW Chapter 84.26 and Chapter 221, Laws of 1986).

(18)

"State Register of Historic Places" means the state listing of properties significant to the community, state, or nation but which do not meet the criteria of the National Register.

(19)

A "structure" is a work made up of interdependent and interrelated parts in a definite pattern of organization. Generally constructed by man, it is often an engineering project.

(20)

"Universal transverse mercator" or "UTM" means the grid zone in metric measurement providing for an exact point of numerical reference.

(21)

"Waiver of a certificate of appropriateness" or "waiver" means the commission has reviewed the proposed whole or partial demolition of a local register property or in an local register historic district and failing to find alternatives to demolition has issued a waiver of a certificate of appropriateness which allows the building or zoning official to issue a permit for demolition.

(Ord. 0-54 § 1 (part) , 1988)

19.22.040 - Historic preservation commission—Creation and size.

There is established a Cheney historic preservation commission, consisting of seven members, as provided in Section 19.22.050 of this chapter. Members of the Cheney historic preservation commission shall be appointed by the mayor and approved by the city council and shall be residents of the city of Cheney, except as provided in Section 19.22.050 of this chapter.

(Ord. 0-54 § 1(part), 1988)

19.22.050 - Composition of the commission.

(a)

All members of the commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment.

(b)

The commission shall always include at least three professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of history, architecture, architectural history, historical preservation, planning, cultural anthropology, archaeology, cultural geography, American studies, law, and real estate. The commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions, unless the commission action is related to meeting certified local government (CLG) responsibilities cited in the certification agreement between the mayor and the State Historic Preservation Officer. Furthermore, exception to the residency requirement of commission members may be granted by the mayor and city council in order to obtain representatives from these disciplines.

(c)

In making appointments, the mayor may consider names submitted from any source, but the mayor shall notify history and development related organizations of vacancies so that names of interested and qualified individuals may be submitted by such organizations for consideration along with names from any other source.

(Ord. 0-54 § 1(part), 1988)

19.22.060 - Term of commissioners.

The original appointment of members to the commission shall be as follows: three for two years, two for three years, and two for four years. Thereafter, appointments shall be made for a three—year term. Vacancies shall be filled by the mayor for the unexpired term in the same manner as the original appointment.

(Ord. 0-54 § 1(part), 1988)

19.22.070 - Powers and duties of commission.

(a)

The major responsibility of the historic preservation commission is to identify and actively encourage the conservation of the city's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties; to raise community awareness of the city's history and historic resources and to serve as the city's primary resource in matters of history, historic planning, and preservation.

(b)
In carrying out these responsibilities, the historic preservation commission shall engage in the following:
(1)
Conduct and maintain a comprehensive inventory of historic resources within the boundaries of Cheney and known as the Cheney
                     Historic Inventory; publicize and periodically update inventory results. Properties listed on the inventory shall be recorded
                     on official zoning records within an "HI" (for historic inventory designation). This designation shall not change or modify
                     the underlying zone classification;
                  
(2)
Initiate and maintain the Cheney Register of Historic Places. This official register shall be compiled of buildings, structures,
                     sites, objects, and districts identified by the commission as having historic significance worthy of recognition by the city
                     and encouragement of efforts by the owners to maintain, rehabilitate, and preserve properties;
                  
(3)
Review nominations to the Cheney Register of Historic Places according to criteria in Section 19.22.010 of this chapter and
                     adopt standards in its rules to be used to guide this review;
                  
(4)
Review proposals to construct, change, alter, modify, remodel, move, demolish, and significantly affect properties or districts
                     on the register as provided in Section 19.22.150; and adopt standards in its rules to be used to guide this review and the
                     issuance of a certificate of appropriateness or waiver;
                  
(5)
Provide for the review either by the commission or its staff of all applications for approvals, permits, environmental assessments
                     of impact statements, and other similar documents pertaining to identified historic resources or adjacent properties;
                  
(6)
Conduct all commission meetings in compliance with RCW Chapter 42.30, Open Public Meetings Act, to provide for adequate public
                     participation and adopt standards in its rules to guide this action;
                  
(7)
Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic resources;
(8)
Establish liaison support, commission and cooperation with federal, state and other local government entities which will further
                     historic preservation objectives, including public education, within the Cheney area;
                  
(9)
Review and comment to the city council on land use, housing and redevelopment, municipal improvement and other types of planning
                     and programs undertaken by any agency of the city, other neighboring communities, the county, the state or federal governments,
                     as they relate to historic resources of the city;
                  
(10)
Advise the city council generally on matters of city history and historic preservation;
(11)
Perform other related functions assigned to the commission by the city council;
(12)
The commission shall adopt rules of procedure to address subsections (3), (4) and (6) of this section;
(13)
Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form
                     of pamphlets, newsletters, workshops, or similar activities;
                  
(14)
Officially recognize excellence in the rehabilitation of new construction in historic areas; and encourage appropriate measures
                     for such recognition;
                  
(15)
Be informed about the provided information to the public and city departments on incentives for preservation of historic resources
                     including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties;
                  
(16)
Submit nominations to the State and National Registers of Historic Places;
(17)
Investigate and report to the city council on the use of various federal, state, local or private funding sources available
                     to promote historic preservation in the city;
                  
(18)
Serve as the local review board for the purpose of approving applications for special property tax valuation per RCW Chapter
                     84.26 and Chapter 221, Laws of 1986, and entering into an agreement with the property owner for the duration of the special
                     valuation during which time the review board monitors the property for continued qualification for the special valuation per
                     requirements of RCW 84.26 and Chapter 221, Laws of 1986.
                  

(Ord. 0-54 § 1(part), 1988)

19.22.080 - Compensation of commissioners.

All members shall serve without compensation, except that reimbursable expenses may be paid in accordance with established city policies.

(Ord. 0-54 § 1(part), 1988)

19.22.090 - Rules and officers of commission.

The commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the commission's business.

(Ord. 0-54 § 1(part), 1988)

19.22.100 - Commission staff.

Commission and professional staff assistance shall be provided by the planning department with additional assistance and information to be provided by other city departments as may be necessary to aid the commission in carrying out its duties and responsibilities under this chapter.

(Ord. 0-54 § 1(part), 1988)

19.22.110 - Register of historic places—Criteria.

Criteria for Determining Designation in the Register. Any building, structure, site, object, or district may be designated for inclusion in the Cheney Register of Historic Places if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community; if it has integrity; is at least fifty years old, or is of lesser age and has exceptional importance; and if it falls in at least one of the following categories:

(1)

Is associated with events that have made a significant contribution to the broad patterns of national, state, or local history;

(2)

Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction;

(3)

Is an outstanding work of a designer, builder, or architect who has made a substantial contribution to the art;

(4)

Exemplifies or reflects special elements of Cheney's cultural, special, economic, political, aesthetic, engineering, or architectural history;

(5)

Is associated with the lives of persons significant in national, state, or local history;

(6)

Has yielded or may be likely to yield important archaeological information related to history or prehistory;

(7)

Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with an historic person or event;

(8)

Is a birthplace or grave of an historical figure of outstanding importance and is the only surviving structure significantly associated with an historic person or event;

(9)

Is a cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns;

(10)

Is a reconstructed building that has been executed in an historically accurate manner on the original site;

(11)

Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories.

(Ord. 0-54 § 1(part), 1988)

19.22.120 - Process for designating properties or districts to register.

(a)

The city may nominate a building, structure, site, object, or district for inclusion in the Cheney Register of Historic Places. Members of the historic preservation commission or the commission as a whole may generate nominations. In its designation decision, the commission shall consider the Cheney Historic Inventory and the city comprehensive plan.

(b)

In the case of individual properties, the designation shall include the UTM reference and all features, interior and exterior, and outbuildings which contribute to its designation.

(c)

In the case of districts, the designation shall include description of the boundaries of the district; the characteristics of the district which justifies its designation; and a list of all properties including features, structures, sites, and objects which contribute to the designation of the district.

(d)

The historic preservation commission shall consider the merits of the nomination, according to the criteria in Section 19.22.110 of this chapter and according to the nomination review standards established in rules, at a public meeting. Adequate notice will be given to the public, the owner(s) and the authors of the nominations, if different, and lessees, if any, of the subject property prior to the public meeting according to standards for public meetings established in rules and in compliance with RCW Chapter 42.30, Open Public Meetings Act. Such notice shall include publication in a newspaper of general circulation in Cheney, and posting of the property. If the commission finds that the nominated property is eligible for the Cheney Register of Historic Places, the commission shall make recommendation to the council that the property be listed in the register with owner's consent. The public, property owner(s) and the authors of the nomination, if different, and lessees, if any, shall be notified on the listing.

(e)

Properties listed on the Cheney Register of Historic Places shall be recorded on official zoning records with an "HR" (for Historic Register) designation. This designation shall not change or modify the underlying zone classification.

(Ord. 0-54 § 1(part), 1988)

19.22.130 - Removal of properties from register.

In the event that any property is no longer deemed appropriate for designation to the Cheney Register of Historic Places, the commission may initiate removal from such designation by the same procedure as provided for in establishing the designation (Section 19.22.120 of this chapter). A property may be removed from the city of Cheney register without the owner's consent.

(Ord. 0-54 § 1(part), 1988)

19.22.140 - Effects of listing in register.

(a)

Listing on the Cheney Register of Historic Places is an honorary designation denoting significant association with the historic, archaeological, engineering, or cultural heritage of the community. Properties are listed individually or as contributing properties to an historic district.

(b)

Prior to the commencement of any work on a register property, excluding ordinary repair and maintenance and emergency measures defined in Section 19.22.030(9), the owner must request and receive a certificate of appropriateness from the commission for the proposed work. Violation of this rule shall be grounds for the commission to review the property for removal from the register.

(c)

Prior to whole or partial demolition of a register property, the owner must request and receive a waiver of a certificate of appropriateness.

(d)

Once Cheney is certified a certified local government (CLG), properties listed on the Cheney Register of Historic Places may be eligible for a special tax valuation on their rehabilitation (Section 19.22.190 of this chapter).

(Ord. 0-54 § 1(part), 1988)

19.22.150 - Changes to properties in register—Review required.

No person shall change the use, construct any new building or structure, or reconstruct, alter, restore, remodel, repair, move, or demolish any existing property on the Cheney Register of Historic Places or within an historic district on the Cheney Register of Historic Places without review by the commission and without receipt of a certificate of appropriateness, or in the case of demolition, a waiver, as a result of the review.

The review shall apply to all features of the property, interior and exterior, that contributes to its designation. Information required by the commission to review the proposed changes are established in rules.

(Ord. 0-54 § 1 (part) , 1988)

19.22.160 - Exemptions from review.

The following activities do not require a certificate of appropriateness or review by the commission:

(1)

Ordinary repair and maintenance, which includes painting; or

(2)

Emergency measures defined in Section 19.22.030(9) of this chapter.

(Ord. 0-54 § 1(part), 1988)

19.22.170 - Review process.

(a)

Requests for Review and Issuance of a Certificate of Appropriateness or Waiver. The building official shall report any application for a permit to work on a designated Cheney register property or in a Cheney register historic district to the commission. if the activity is not exempt from review, the commission shall notify the applicant of the review requirements. The building official shall not issue any such permit until a certificate of appropriateness or a waiver is received from the commission but shall work with the commission in considering building and fire code requirements.

(b)

Commission Review.

(1)

The owner or his/her agent (architect, contractor, lessee, etc.) shall apply to the commission for a review of proposed changes on a Cheney register property or within a Cheney register historic district and request a certificate of appropriateness or, in the case of demolition, a waiver. Each application for review of proposed changes shall be accompanied by such information as is required by the commission established in its rules for the proper review of the proposed project.

(2)

The commission shall meet with the applicant and review the proposed work according to the design review criteria established in rules. Unless legally required, there shall be no notice, posting, or publication requirements for action on the application, but all such actions shall be made at regular meetings of the commission. The commission shall complete its review and make its recommendations within thirty days of the date of receipt of the application. If the commission is unable to process the request, the commission may ask for an extension of time. The commission's recommendations shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted. If the owner agrees to the commission's recommendations, a certificate of appropriateness shall be awarded by the commission according to standards established in the commission's rules.

(3)

The commission's recommendations and, if awarded, the certificate of appropriateness shall be transmitted to the building official. If a certificate of appropriateness is awarded, the building may then issue the permit.

(c)

Demolition. A waiver of the certificate of appropriateness is required before a permit may be issued to allow whole or partial demolition of a designated Cheney register property or in a Cheney register historic district. The owner or his/her agent shall apply to the commission for a review of the proposed demolition and request a waiver. The applicant shall meet with the commission in an attempt to find alternatives to demolition. These negotiations may last no longer than forty-five days from the initial meeting of the commission, unless either party requests and extension. If no request for an extension is made and no alternative to demolition has been agreed to, the commission shall act and advise the official in charge of issuing a demolition permit of the approval or denial of the waiver of a certificate of appropriateness. Conditions in the case of granting a demolition permit may include allowing the commission up to forty-five additional days to develop alternatives to demolition. When issuing a waiver the board may require the owner to mitigate the loss of the Cheney register property by means determined by the commission at the meeting. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted. After the property is demolished, the commission shall initiate removal of the property from the register.

(d)

Appeal of Approval or Denial of a Waiver of a Certificate of Appropriateness. The commission's decision regarding a waiver of a certificate of appropriateness may be appealed to the city council within ten days. The appeal must state the grounds upon which the appeal is based.

The appeal shall be reviewed by the council only on the records of the commission. Appeal of council's decision regarding a waiver of a certificate of appropriateness may be appealed to superior court.

(Ord. 0-54 § l(part), 1988)

19.22.180 - Relationship to zoning.

Properties designated to the register shall be subject to the provisions set forth in this chapter, as well as the bulk, use, setback, and other controls of the zoning district in which they are located. Nothing contained herein shall be construed to be repealing, modifying, or waiving any zoning provisions.

(Ord. 0-54 § l(part), 1988)

19.22.190 - Review and monitoring of properties for special valuation.

(a)

Until Cheney is certified as a certified local government (CLG), the class of properties eligible for special valuation shall be limited to all properties listed on the National Register of Historic Places or Properties certified as contributing to a National Register Historic District. Once Cheney receives written notification that it is a certified local government, the class of properties eligible for special valuation shall be limited to all properties listed on the Cheney Register of Historic Places or properties certified as contributing to a Cheney Register Historic District.

(b)

Applications for special property tax valuation in connection with substantial improvement of historic properties as defined in RCW Chapter 84.26 and Chapter 221, Laws of 1986, shall be submitted to the commission by the county assessor within ten days of filing.

(c)

The commission shall approve applications for special valuation if the property meets the criteria of RCW Chapter 84.26 and Chapter 221, Laws of 1986, and is not altered in a way which adversely affects those elements which contribute to its designation and the owner(s) enters into an agreement with the commission which requires the owner(s) for the ten-year period of classification to:

(1)

Monitor the property for its continued qualification for special valuation;

(2)

Comply with rehabilitation plans and minimum standards of maintenance as defined in the agreement;

(3)

Make the historic aspects of the property accessible to public view one day a year, if the property is not visible from the public right-of-way;

(4)

Apply to the commission for approval or denial of any alteration or demolition;

(5)

Comply with any other provisions in the original agreement as may be appropriate.

(d)

Once an agreement between an owner and the commission has become effective pursuant to RCW Chapter 84.26 and Chapter 221, Laws of 1986, there shall be no changes in standards of maintenance, public access, alteration, or report requirements, or any other provisions of the agreements, during the period of the classification without the approval of all parties to the agreement.

(e)

An application for classification as an eligible historic property shall be approved or denied by the commission before December 31st of the calendar year in which the application is made, when the application is made on or before December 1st.

(f)

The commission shall notify the county assessor and the applicant of the approval or denial of the application.

(g)

If the commission determines that the property qualifies as an eligible historic property, the commission shall certify the fact in writing and shall file a copy of the certificate with the county assessor within ten days of the determination and no later than December 31st. The certificate shall state the facts upon which the approval is based.

(h)

Any decision of the commission acting as the local review board on any application for classification as historic property, eligible for special valuation, may be appealed to superior court under RCW 34.04.130 in addition to other remedy of law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the county board of equalization.

(Ord. 0-54 § 1(part), 1988)

19.22.200 - Penalties.

Penalties for violation of the provisions of this chapter shall be in accordance with RCW Chapter 84.26 and Chapter 221, Laws of 1986.

(Ord. 0-54 § 1 (part), 1988)