Sec. 16-20T.004. General regulations.
The following general regulations shall apply to all properties within the Pratt-Pullman Landmark District, except where otherwise stated.
1.General Criteria. The Commission shall apply the standards for the rehabilitation of contributing buildings set forth below only when the standards set forth elsewhere in Chapter 20T do not specifically address the application in whole or in part:
a.The extant historic character of a property shall be retained and preserved.
b.The removal of historic materials or alteration of features that characterize a property shall be avoided where feasible and where altered done so in a manner that does not significantly alter the overall contributing character of the structure.
c.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.
d.Changes to a property that have acquired historic significance in their own right shall be retained and preserved.
e.Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
f.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 contributing features in design, material, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
g.Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible.
h.Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
i.Repair and replacement of historic materials should be replacements in kind where feasible.
j.New additions, alterations, or related new construction shall not destroy historic materials that characterize the overall contributing character of the property. The new work shall be differentiated from the old of the contributing property and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
k.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 historic property and its environment would be unimpaired;
l.New construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
2.The Compatibility Rule.
a.The intent of these regulations is to ensure that additions to contributing structures and new structures in the primary view corridor(s) of contributing structures are compatible with the historic context in which they will reside. To further that intent and simultaneously retain flexibility, the regulations provide a "compatibility rule" as follows:
i.The elements in question that are not quantifiable shall be the same as contributing buildings in the district or shall be compatible with, but differentiated from the contributing buildings in the district.
ii.Where quantifiable, the element shall be no smaller than the smallest or larger than the largest such dimension of the contributing building on which it is located.
b.Those elements to which the compatibility rule applies are specified in these regulations by reference to "compatibility rule."
3.Variances, special exceptions and administrative appeals. Variance applications and applications for special exceptions and administrative appeals from these regulations shall be heard by the Commission. The Commission shall have the authority to grant or deny variances from the provisions of this chapter pursuant to the procedures, standards, and criteria specified in section 16-26.001 through Section 16-26.006. The Commission shall have the authority to grant or deny applications for special exceptions from the provisions of this chapter pursuant to the procedures, standards and criteria specified in Section 16-25.001 through Section 16.25.005. The Commission shall have the authority to grant or deny applications for administrative appeal pursuant to the standards in Section 16-30.010 (a) through (d). Appeals from final decisions of the Commission regarding variances, special exceptions and administrative appeals shall be as provided for in Section 16-20.010.
4.Certificates of Appropriateness.
a.General Provisions.
i.The procedures for determining the correct type of certificate of appropriateness shall be those specified in Section 16-20.008, except as otherwise provided herein.
ii.No certificate of appropriateness shall be required unless, at a minimum, the work would otherwise require a building permit.
iii.No certificate of appropriateness shall be required to make ordinary repairs and maintenance using in-kind materials.
iv.No Certificate of Appropriateness shall be required for interior work.
v.No Type I Certificates of Appropriateness shall be required in this district.
b.Type II Certificates of Appropriateness.
i.Type II Certificates reviewed by the Director. The following shall require a Type II Certificate of Appropriateness, and shall be reviewed by the director of the Commission:
1.Exterior alterations to any façade of any principal structure;
2.All site work, including dumpster enclosures; and
3.Signage.
If such Type II Certificates of Appropriateness meet the requirements of this Chapter and other criteria applicable to Type II Certificates the Director shall issue the Type II Certificate within 14 days of receipt of the completed application. If such Type II Certificates of Appropriateness do not meet the requirements of this Chapter and such other criteria, the Director shall deny the application, with notice to the applicant, within 14 days of receipt of the completed application. Appeals from the decision of the Director either approving or denying such Type II Certificates may be taken by any aggrieved person by filing an appeal in the manner prescribed in the appeals Section of Chapter 16-20.008(a) for Type I Certificates.
c.Type III Certificates of Appropriateness. The following Type III Certificates of Appropriateness shall be reviewed by the Commission and shall be required for:
i.Additions;
ii.New construction (excluding interiors of the existing buildings);
iii.Building footprint revisions to previously approved plans that are yet to be constructed; and
iv.Variances, special exceptions and administrative appeals.
d.Type IV Certificates of Appropriateness.
i.Type IV Certificates of Appropriateness shall be reviewed by the Commission and shall be required for the demolition or moving of any contributing structure.
ii.A partial demolition of a contributing structure shall require a Type IV Certificate of Appropriateness only when said partial demolition will result in the loss of significant architectural features that destroys the structure's historic or cultural interpretability or importance.
5.Contributing Buildings/Structures. All brick and masonry buildings and structures constructed within the period of significance (1904-1927) shall be considered contributing to the District, including the brick and masonry portions of buildings to which metal buildings and/or sheds have been attached. In addition, the lateral transfer table structure and components thereof shall also be contributing to the District.
6.Financial Hardship Exemptions.
a.These regulations set forth a minimum standard of architectural compatibility with the rest of the district. However, in order to balance with other equally important objectives in the district, including economic development, neighborhood revitalization, and prevention of displacement of residents, the Commission may allow reasonable exemptions from these regulations on the ground of economic hardship to the property owner.
b.In order to qualify for an economic hardship exemption, the applicant(s) must first make a showing that the alteration(s) requested is necessary in order to continue utilizing the structure for its intended purposes.
c.If the Commission finds that the requirement of subsection (6)(b) herein is satisfied, they may grant an exemption, in whole or in part, only in accordance with each of the following factors, standards and criteria:
i.The burden of proof that the regulations and guidelines pose such a hardship shall be on the property owner.
ii.The Commission shall consider the following factors in determining whether an economic hardship exemption in whole or in part will be granted:
1.The present and future income of the property owner(s) and those occupying the property;
2.The availability, at present or in the future, or other sources of income of revenue, including loans, grants, and tax abatements;
3.The costs associated with adherence to the district regulations in comparison to the costs associated with achieving the same proposal without the district regulations;
4.The degree of existing architectural importance and integrity of the structure; and
5.The purpose and intent of this chapter.
iii.The Commission shall balance these factors as applied to the applicant for said exemption and shall grant said exemption, in whole or in part, as appropriate to the case upon a finding that the economic hardship to the applicant is significant and substantially outweighs the need for strict adherence to these regulations. Appeals from a final decision by the Commission on such reviews shall be taken by any person aggrieved by such decision pursuant to Code Section 16-20.010.
(Ord. No. 2017-77(17-O-1668), 3(Att. C), 11-2917)