20.510.030 Review Process.
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A. New construction. All new construction within a Heritage Overlay District, shall require review by the Planning Official. The standards for such review shall be those standards pertaining to architectural style, design, arrangement, texture, materials, color, and other pertinent factors designated in this section as standards for review of new construction and alterations to buildings within this specific Heritage Overlay District within which such property is located. The Planning Official shall consult with the Clark County Historic Preservation Commission on any new construction project within a Heritage Overlay District.
B. Exterior Alterations. All exterior alterations to a historic building or a structure located within a Heritage Overlay District, visible from a public street or other public place, and all exterior alterations to a building listed on the State or National Registers of Historic Places, including changes to signs, marquees, awnings, canopies or other building appendages, whether a building permit is required or not, as well as wall murals shall require advisory review by the Clark County Historic Preservation Commission. The standards for such review shall be those standards pertaining to architectural style, design, arrangement, texture, materials, color, and other pertinent factors designated in this section as standards for review of new construction and alterations to buildings within the specific Heritage Overlay District within which such property is located. The Clark County Historic Preservation Commission shall apply the standards for historic preservation projects which appear as Title 36, C.F.R., Part 67 of the Federal Register and shall consult with the Planning Official on any exterior alterations to a historic building within Heritage Overlay District.
C. Permission for removal of a registered building. No building located within a designated Heritage Overlay District which is of special historical interest or value, as indicated by its having been listed on the National Register of Historic Places, the Washington Heritage Register or the Clark County Heritage Register of Historic Places or identified as an "eligible building" for future listing on the Clark County Heritage Register, State Heritage Register or National Register of Historic Places in the Washington State Inventory of Historical Site and Buildings, shall be torn down, demolished, or removed unless such building is or has become so dilapidated or damaged, whether from damage by fire or other elements or from natural deterioration, that it is unusable and cannot be reasonably repaired or restored; provided, that such a building may be relocated to another site within the Heritage Overlay District with the approval of the Hearings Examiner; provided, further that such a building may be relocated outside of a historic preservation overlay district after review and recommendation from the Clark County Historic Preservation Commission and approval of the City Council.
D. Conditional uses. The Hearings Examiner may authorize a use or uses of an existing building in a designated Heritage Overlay District not otherwise permitted within the regular use district with which the downtown development and Heritage Overlay District is combined as a conditional exception, in the same manner as for conditional exceptions regularly permitted; provided that:
1. The Hearings Examiner finds that allowing such use is necessary to the preservation and/or restoration of an existing building of historical or architectural merit (although not necessarily a designated historical building or structure).
2. Such use would not be detrimental to other regularly permitted uses in the district or to the historical or architectural character of the building.
3. The Hearings Examiner has received such assurances as it deems satisfactory (which may include covenants or conditions attached to its approval of a conditional exception), that allowing such use will ensure preservation and/or restoration of the building or key features of the building.
4. The Hearings Examiner is authorized to waive ordinances relating to setback distances or encroachment distances on public rights-of-way or parking requirements, or other requirements in the event the same are found by it to be necessary and reasonable for the development of any property so as to conform with the provisions of this Section. The Building Official pursuant to Chapter 11, Laws of 1976, may allow repairs, alterations, and/or additions necessary for preservation, rehabilitation, or continued use of a building which has been designated as a historic structure under this chapter without conformance to all city codes; provided, he shall do so only if he finds in writing that the repaired or altered building will be less hazardous, based on life and fire risk, than the existing building. (Ord. M-4147 § 4, 12/07/2015; Ord. M-4034 § 17, 12/03/2012; Ord. M-3959 § 29, 07/19/2010; Ord. M-3777 § 5, 12/04/2006; Ord. M-3643, 01/26/2004)