17.50.050 Review of changes to Historic Register properties.
A. 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 city’s Historic Register or within an historic district on the City of Aberdeen Register 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 interior and exterior features of the property that contribute to its designation and are listed on the nomination form.
B. Exemptions. Ordinary repair and maintenance as defined by AMC 17.50.020(Q) and emergency measures as defined by AMC 17.50.020(K), do not require a Certificate of Appropriateness or review by the commission.
C. Review process.
1. Requests for review and issuance of a Certificate of Appropriateness or waiver. The Community Development Director or his/her designee shall report any application for a permit to work on a Historical Register property or property in a historic district to the Commission. If the activity is not exempt from review, the Commission or staff shall notify the applicant of the review requirements. The city shall not issue any permit for work on the property until a Certificate of Appropriateness or a waiver is received from the Commission. City staff shall assist the Commission in considering building and fire code requirements.
2. Commission review.
a. The owner or his/her agent (architect, contractor, lessee, etc.) shall apply to the Commission for a review of proposed changes on a Historic Register property or within a 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 in its rules for review of the proposed project.
b. The Commission shall meet with the applicant and review the proposed work according to the design review criteria established in rules. All action taken on the application shall be taken at a regular meeting of the Commission or, if the review is conducted at a special meeting, action shall be taken only after public notice as provided in AMC 17.50.040B(5).
c. The Commission shall complete its review and make its recommendations in writing within thirty (30) calendar days from its meeting with the applicant unless the applicant grants an extension or the Commission makes written findings that a specified amount of additional time is needed to complete its review of a proposed change.
d. The Commission’s recommendations shall be in writing and shall state the findings of fact and conclusions relied upon in reaching its decision. The Commission shall issue a Certificate of Appropriateness upon the owner’s acceptance of the Commission’s recommendations. Any conditions agreed to by the applicant shall become conditions of approval of the permits granted by the city.
e. The Commission’s recommendations and any Certificate of Appropriateness issued shall be transmitted to the building or zoning official. No permit shall be issued by the city unless a Certificate of Appropriateness has been issued.
D. Demolition.
1. A waiver of the Certificate of Appropriateness is required before a permit may be issued to allow whole or partial demolition of a Historical Register property or property in a Historic District. The Commission shall grant a waiver if it finds the property in question meets any of the following criteria and if the proposed demolition is determined to substantially improve or correct any of the following conditions:
a. The property constitutes a hazard to the safety of the public or to the structure’s occupants; or
b. The property is a deterrent to a major improvement program that will be of substantial benefit to the community and the applicant proposing the work has obtained all necessary planning and zoning approvals, financing, and environmental clearances; or
c. Retaining the property will cause undue financial hardship to the owner when a governmental action, an act of God, or other events beyond the owner’s control created the hardship, and all feasible alternatives to eliminate the financial hardship, which may include offering the resource for sale at its fair market value or moving the resource to a vacant site within the historic district, have been attempted and exhausted by the owner; or
d. Retaining the property is not in the interest of the majority of the community.
2. 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. The Commission shall issue its decision, in writing, within forty-five (45) calendar days from the initial meeting with the applicant, unless the applicant grants an extension or the Commission makes written findings that a specified amount of additional time is needed to complete its review of the application. If no alternative to demolition has been agreed to during the review process, the Commission shall issue a written decision granting or denying the waiver. A copy of the Commission’s decision shall be provided to the official in charge of issuing the demolition permit.
3. The official in charge of issuing the demolition permit may include a condition allowing the Commission up to 45 additional calendar days to develop alternatives to demolition. 4. The board may require any owner granted a waiver to document the loss of the Historic Register property by means determined by the Commission, which shall at a minimum include recent or historic photographs of the interior and exterior, construction plans if available, and a written history of the building outlining the historic significance.
5. Any conditions agreed to by the applicant in the review process shall become conditions of approval of the permits granted by the city.
6. The Commission shall remove the property from the city’s Historic Register after the property is demolished.