HomeMy WebLinkAbout4733r
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ORDZKI~CR 1/O. 4 7 3 3
AN ORDINANCE RELATING TO THE PROTECTION AND PRESERVATION OF
LANDMARKS IN THE CITY OF AUBURN; ESTABLISHING PROCEDURES FOR
DESIGNATION AND PRESERVATION OF LANDMARKS; PROVIDING FOR
ENFORCEMENT; PRESCRIBING PENALTIES FOR VIOLATION; AND ADDING
A NEW CHAPTER 15.76 TO THE AUBURN CITY CODE.
WHEREAS, the City has entered into an Interlocal
Agreement with King County for landmark designation and
protection services; and
WHEREAS, the Interlocal Agreement specifies the City
adopt an ordinance establishing regulations and procedures
for the designation of historic buildings, structures,
objects, districts, sites, and archaeological sites as
landmarks, and for the protection of landmarks; and
WHEREAS, such regulations and procedures are to be
substantially the same as those set forth in King County
Ordinance 10474, K.C.C. 20.62
NOW, THEREFORE, THE CITY COUNCIL OF THE
WASHINGTON, DO ORDAIN AS FOLLOWS:
CITY OF AUBURN,
of
historical,
Seotlon 1. FINDINGS AND DECL~ATION OF P~POSE:
The City Council finds that:
A. The protection, enhancement, perpetuation,
buildings,
sites, districts, structures,
cultural, architectural,
and use
and objects of
engineering,
Ordinance No. 4733
March 30, 1995
Page I
geographic, ethnic, and archaeological significance located
in Auburn is necessary in the interest of the prosperity,
civic pride and general welfare of the people of Auburn.
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B. Such cultural and historic resources are a
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significant part of the heritage, education and economic
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base of Auburn, and the economic, cultural and aesthetic
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well-being of Auburn cannot be maintained or enhanced by
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disregarding its heritage and by allowing the unnecessary
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destruction or defacement of such resources.
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C. Present preservation programs and activities are
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inadequate for insuring present and future generations of
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Auburn's residents and visitors a genuine opportunity to
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appreciate and enjoy our heritage.
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Section ~ ADOPTION OF ~0D~=
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There is hereby added to the Auburn City Code a new
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Chapter 15.76 as follows:
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18 Chapter 15.76
HISTORIC PRBHBRVATION
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Sections:
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15.76.010 Purpose
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15.76.020 Landmarks and Heritage Commission
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15.76.030 Incorporation of King County Provisions
15.76.040 Appeal Procedure
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15.76.050 Severability
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O~an~ No. 4733
March 30, 1995
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15.76.010 Purpose
The purposes of this chapter are to:
A. Designate, preserve, protect, enhance, and
perpetuate those sites, buildings, districts, structures and
objects which reflect significant elements of J~burn's, the
county's, state's and nation's cultural, aesthetic, social,
economic, political, architectural, ethnic, archaeological,
engineering, historic, and other heritage;
B. Foster civic pride in the beauty and
accomplishments of the past;
C. Stabilize and improve the economic values and
vitality of landmarks;
D. Promote heritage-related tourism;
E. Promote the continued use, exhibition and
interpretation of significant sites, districts, buildings,
structures and objects for the education, inspiration and
welfare of the people of Auburn;
F. Promote and continue incentives for ownership and
utilization of landmarks;
G. Assist, encourage and
and private owners for
rehabilitation and use of landmark
districts, structures and objects;
provide incentive to public
preservation, restoration,
buildings, sites,
Ordinance No. 4733
March 30, 1995
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H. Work cooperatively with other jurisdictions to
identify, evaluate and protect historic resources in
furtherance of the purposes of this chapter.
15.76.020 L&n~marke mn4 Heritage Columission
A. The King County Landmarks and Heritage Commission
established pursuant to King County Code, Chapter 20.62, is
hereby designated and empowered to act as t]~e Landmarks
Commission for the City pursuant to the provisions of this
chapter.
B. The Special Member of the King County Landmarks
and Heritage Commission provided for in S20.62.030 of the
King County Code shall be appointed by the mayor, subject to
confirmation of the City Council. Such special member shall
be an Auburn resident who has a demonstrated interest in
historic preservation. Such appointment shall be made for a
three year term.
In the event of a vacancy, an appointment shall be made
to fill the vacancy in the same manner and with the same
qualifications as if at the beginning of the term, and the
person appointed to fill the vacancy shall hold the position
for the remainder of the unexpired term. Such special member
may be reappointed, but may not serve more than two
consecutive three year terms. Such speclal member shall be
Ordinance No. 4733
March 30, 1995
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deemed to have served one full term if such special member
resigns at any time after appointment or if such special
member serves more than tow years of an unexpired term.
The special members of the commission shall serve
without compensation.
C. The commission shall not conduct any public
hearings required under this chapter with respect to
properties located within the City of Auburn until the
commission's rules and regulations, including procedures
consistent with this chapter, have been filed with the city
clerk.
15.76.030 Inoorporation of King county Provisions
The following sections of King County Code
20.62, which are attached hereto, are
reference the same as though they were set
made a part of this chapter:
Chapter
incorporated by
forth herein and
A. K.C.C. S20.62.020 - Definitions, except as
follows:
1. Paragraph F is changed to read: "Council" is
the Auburn city Council.
2. Paragraph P is changed to read: "Manager" is
the Auburn Building Official.
Ordinan~ No. 4733
March 30, 1995
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Be
He
K.C.C. 20.62.040 - Deei~ation Criteria, except
all references to "King County" are changed to
read: "Auburn".
K.C.C. 20.62.050 - Nomination Procedure
K.C.C. 20.62.070 - Designation Procedure, except
all references to "King County" are changed to
read: "Auburn."
K.C.C. 20.62.080 - Certificate of &ppropriateness
Proocdllres, except the last sentence of Paragraph
A thereof.
K.C.C. 20.62.100 - Rvaluation of Roonomio Impact.
K.C.C. 20.62.130 - Penalty for Violation of
Section 20.62.080 (Paragraph E, above).
K.C.C. 20.62.140 - Special Valuation for Historic
Properties
15.20.040 &ppcal Procedure
A. Any person aggrieved by a decision of the
commission designating or rejecting a nomination for
designation of a landmark or issuing or denying a
certificate of appropriateness may, within thirty-five
calendar days of mailing notice of such designation or
rejection of nomination, or of such issuance or denial or
approval of a certificate of appropriateness appeal such
Ordinance No. 4733
March 30, 1995
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decision in writing to the hearing examiner pursuant to
Chapter 18.66 of the Auburn City Code. The written notice
of appeal shall be filed with the Planning Director and
shall be accompanied by a statement setting forth the
grounds for the appeal, supporting documents, and argument.
B. If, after examination of the written appeal and
the record, the Examiner determines that: 1. An error in
fact may exist in the record, it shall remand the proceeding
to the commission for reconsideration, or, if the council
determines that: 2. The decision of the commission is
based on an error in judgment or conclusion, it may modify
or reverse the decision of the commission.
C. The Examiner's decision shall be based solely upon
the record, provided that, the Examiner may at his or her
discretion publicly request additional information of the
appellant, the commission or the Planning Director.
D. The Examiner shall take final action on any appeal
from a decision of the commission by entering written
findings of fact and conclusions of law from the record and
reasons therefrom which support its action. The Examiner
may adopt all or portions of the commission's findings and
conclusions.
E. The decision of the Examiner is final unless an
appeal is filed pursuant to section 18.66.160 of the Auburn
Ordinance No. 4733
March 30, 1995
Pale ?
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City Code. An appeal may also be filed by the King County
Landmarks and Heritage Commission to the Planning Director,
who will forward the appeal to the city council.
F. The action of the city council sustaining, reversing,
modifying or remanding a decision of the Examiner shall be
final unless within twenty calendar days from the date of
the action an aggrieved person obtains a writ of certiorari
from the superior court of King County, state of Washington,
for the purpose of review of the action taken. (Ord. 10474
sg, 1992: Ord. 4828 Sll, 1980).
15.20.050 Bevsrahility
If any provision of this chapter or its application to
any person or circumstances is held invalid, the remainder
of the chapter or the application of the provision to other
persons or circumstances is not affected.
Ssotio~ 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Beotio~ 4. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
Ordinance No. 4733
March 30, 1995
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INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 4733
March 30, 1995
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July 13, 1992
92-89.0RD (SS:DE:clt)
Introduced by:
Larry Phillips
92 -- ~9
BE
SECTION 1. Ordinance 4828, Section 1 and K.C.C.
20.62.010 is hereby amended to read as follows:
Findings and Declaration of Purpose. The King County
council finds that:
A. The protection, enhancement, perpetuation, and use of
buildings, sites, districts, structures and objects of
historical, cultural, architectural~ engineering, geographic~
ethnic and archaeological significance located in King County~
ORDINANCE NO~4 ~
AN ORDINANCE relating to the protection and
preservation of landmarks in King County;
changing the name of the Landmarks Commission
to the Landmarks and Heritage Commission;
revising and re-establishing procedures for
designation and preservation of landmarks; and
providing for enforcement and prescribing
penalties for violation; amending Ordinance No.
4828, Sections 1-5, 7-8, 10-14 and K.C.C.
20.62.010-.050, .070-.080 .100-.140, as amended
and repealing Ordinance 4828, Section 6 and ~p
K.C.C. 20.62.060 and .090. R 6 ~
ITY OF UBURN
IT ORDAINED BY THE COUNCIL OF KING COUNTY:
CiTY C RK$0FFICI
and the collection, preservation, exhibition and interpretation
of historic and prehistoric materials, artifacts, records and
information pertaining to the heritage of King County are
((is)) necessary in the interest of the prosperity, civic pride
and general welfare of the people of King County.
B. Such cultural and historic ((as~ct~)) resources are a
significant part of the heritage, education and economic base
of King County, and the economic, cultural and aesthetic
((standing)) well-bein~ of the county cannot be maintained or
enhanced by disregarding ((t-he)) its heritage ((ef th~ county))
and by allowing the unnecessary destruction or defacement of
such ((assets)) resources.
C. Present heritage and preservation programs and
activities are inadequate ((to insurc)) for insuring present
and future generations of King County residents and visitors a
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(h~ ........
genuine opportunity to appreciate and enjoy our ( '-~--:-~
~)) heritage.
D. The purposes of this chapter are to:
1. Designate, preserve, protect, enhance, and
perpetuate those sites, buildings, districts, structures and
objects which reflect significant elements of the county's,
state's and nation's cultural, aesthetic, social, economic,
political, architectural, ethnic, archaeological, engineering,
historic and other heritage;
2. Foster civic pride in the beauty and
accomplishments of the past;
3. Stabilize and improve the economic values and
vitality ((e~w~--we-l~aee)) of landmarks((, -~-~ ~-~-~"
4. Protect and enhance the county's tourist industry
by promotin~ heritage-related tourism;
5. Promote the continued use, exhibition and
( ............ ~)) siqnificant sites, districts,
interpretation of ( ........ ~--
buildings, structures~ ((en~))
nd records for the education,
people of King County;
objects, artifacts, materials
inspiration and welfare of the
6. Promote and continue ((~ ...... )) incentives for
(( ...... ngo,
ownership and utilization of landmarka ~":~ - '
~-~-~-~- structurc~~..~--~ ~ ..... ));
7. Assist, encourage and provide incentives to public
and private owners for preservation, restoration,
((~)) rehabilitation and use of landmark buildings,
sites, districts, structures and objects((=));
8. Assist, encouraqe and provide technical assistance
to public aqencies, public and private museums, archives and
historic preservation associations and other orqanizations
involved in the preservation, exhibition and interpretation of
Kinq CountY's heritaqe;
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9. Work cooperatively with all local jurisdictions to
identifY, evaluate, and protect historic resources in
furtherance of the purposes of this chapter.
~ Ordinance 4828, Section 2 and K.C.C. 20.62.020
is hereby amended to read as follows:
Definitions. The following words and terms shall, when
used in this chapter, be defined as follows unless a different
meaning clearly appears from the context:
A. "Alteration" is any construction, demolition, removal,
modification, excavation, restoration or remodeling of a
landmark. ((f~r ....... ~ ....... f ..... ~-~..~ managcr cf .......... ,
B. "Building" is a structure created to shelter any form
of human activity, such as a house, barn, church, hotel, or
similar structure. Buildin~ may refer to an historically
such as a courthouse and jail or a house and
related commlex,
barn.
((~=.)) C_~.
,'Certificate of appropriateness" is written
authorization issued by the commission or its designee
alteration ((~r ' ' ' chang~ '
permitting an
morc)) to a significant feature((s)) of a designated
landmar (, landmark -~ - or ........ )) ·
((~r.)) D~ "Commission" is the landmarks and heritage
commission created by this chapter.
((B=.)) E~ "Community landmark"
feat ncighbsrhcsd ~ ...... ~")) an historic
resource which has been designated pursuant to Section
20.62.040 of this chapter but which may be altered or changed
without application for or approval of a certificate of
appropriateness.
((~.)) F_~. "Council" is the King County council.
((~)) G__=. "Designation" is the act of the commission
determining that an (( , .dmark -: ~- -- ~ ....... ))
9:)_~.(]~/)(SS :DE :c t t )07/13/9;) 3
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10474
historic resource meets the criteria established by this
chapter(( for ---~--~: ....
~ .............. pr~sarvation)).
((~v)) ~ ,,Designation report" is a report issued by the
commission after ((an actlcn m ...... ~)) a__public hearinq setting
forth its determination to designate a landmark((
~)) and specifying the significant feature or
features thereof.
I. "District" is a qeoqraphically definable area, urban or
rural. Dossessin~ a siqnificant concentration, linkage, or
continuity of sites, buildings, structures, or objects united
by past events or aesthetically by plan or physical
development. A district may also comprise individual elements
separated ~eoaraDhicallv but linked bv association or history.
J. "Heritaqe" is a discipline relatin~ to history, ethnic
history, traditional cultures, folklore, archaeoloqy and
historic preservation.
((~v)) K. "Historic preservation officer" is the King
County historic preservation officer or his 9r her designee.
L~ "Historic Resource" is a district, site, buildinq,
structure or ob4ect siqnificant in American and/or local
history, architecture, archeoloqy, and culture.
((~)) M~ "Incentives" are such compensation, rights or
privileges or combination thereof, which the council, or other
local, state or federal public body or agency, by virtue of
applicable present'or future legislation, may be authorized to
grant to or obtain for the owner(s) of designated landmarks((T
landmark -=~ .... - ........ )). 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, private or public grants-in-aid,
beneficial placement of public improvements, or amenities, or
the like.
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((K~.)) N. "Interested person of record" is any
individual, corporation, partnership or association which
notifies the commission or the council in writing of its
interest in any matter before the commission.
((~v)) O~ "Landmark" is ((~ or cbjcct))
a_un
historic resource designated as a
20.62.060 of this chapter.
landmark pursuant to Section
chapter. ) )
((~v.)) P. "Manager" is the manager of the King County
building and land development division or his or her designee.
((P.)) O. "Nomination" is a proposal that ((any
-:~- : .......... ~ -- arca)) an historic resource be designated
a landmark( , landmork .... oh~..~..~'--~---" ~,~ .........
((Q.)) R. "Object" is ((any tangiblc ...... ~, .......... ~ any
......... b ......... propcrty))
material thing of functional, aesthetic, cultural, historical,
or scientific value that 'may be, by nature or desiun, movable
yet related to a specific setting or environment.
((R~)) S__~. "Owner" is a person having a fee simple
interest, a substantial beneficial interest of record or a
substantial beneficial interest known to the commission in an
((ob)c.., sitc or .... ~ ........... )) historic resource. Where the
owner is a public agency or government , that agency shall
specify the person or persons to receive notices hereunder.
"Party -= J" ' ~ ~ th .... :--~'--
((s
thc '
((T.))
corporation,
((U.))
possession of ((an
T~ "Person" is any individual, partnership,
group or association.
U. "Person in charge" is the person or persons in
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landmark including, but not limited to,
in possession, an assignee of rents, a
trustee, lessee, tenant, agent, or any
a mortgagee, or vendee
receiver, executor,
other person directly or
indirectly in control of ((an -=-'--~ : .......... ~ -
..... ' cf .... pr=party)) ~1~.
((V.) ) V_~. "Preliminary determination" is a decision of
the commission determining ((whe~)) that an (
: .......... ~ -:~- -- . ....... )) historic resource which has
been nominated for designation is of significant value and is
likely to satisfy the criteria for designation.
changc
((x )) (( -
- ' ' ~--:---~:-- port rcq ~
for ..~=_u...~_.. th-~..,.,..~.,- ......... '-~ ~ ........ re u
((~.)) W. "Significant feature" is any ( -~ ....
_~ ._ = .......... ~ ~4--~ -.~- or ~, element of a
landmark which the commission has designated pursuant to this
chapter as of importance to the historic, architectural or
archaeolouical value of the ropcr
· ' --- ' ' ~--=---=:-- rapist requires))
............... p~p~ ~ ........ prlcr
X~ "Site" is the location of a siqnificant event, a
prehistoric or historic occupation or activity, or a buildinq
or structure, whether standinq, ruined, or vanished, where the
location itself maintains an historical or archeoloqical value
reqardless of the value of any existinq structures.
Y. "Structure" is any functional construction made
usually for purposes other than creatinq human shelter.
SECTION 3. Ordinance 4828, Section 3 and K.C.C. 20.62.030
is hereby amended to read as follows:
Landmarks and Heritaqe commission created-Membership and
organization.
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A. There is created the King County landmarks and
heritaae commission ("commission") which shall consist of nine
reaular members and special members selected as follows:
1. Of the nine regular members of the commission at
least three shall be professionals who have experience in
identification, evaluation, and protection of historic
resources and have been selected from among the fields of
history, architecture, architectural history, historic
preservation, olanninq, cultural anthropology, archaeoloqy,
cultural qeooraDhv, landscape architecture, American studies,
law, or other historic preservation related disciplines. The
nine reoular members of the commission shall be appointed by
the King County executive, subject to confirmation by the
council, provided that no more than four members shall reside
within any one municipal jurisdiction. ((Thc)) All reqular
members shall have ((dcm~nstratc~ ~n ~'"~
ac~i.~)) a demonstrated
interest and competence in historic preservation.
2. The King County executive may solicit nominations
for persons to serve as reqular members of the commission from
the ((Xing County ......................... orga ............ ))
Association of Kinq County Historical Orqanizations, the
American Institute of Architects (Seattle Chapter), the Seattle
King County Bar Association, the Seattle Master Builders, the
chambers of commerce, and other professional and civic
organizations familiar with ((landmark)) historic preservation.
3. One special member shall be appointed from each
municipality within Kinq County which has entered into an
interlocal aqreement with Kinq County providinq for the
desiqnation by the commission of landmarks within such
municipality in accordance with the terms of such interlocal
aqreement and this chapter. Each such appointment shall be in
accordance with the enablinq ordinance adopted by such
municipality.
B. ((Ail)) Appointments of reqular members, except as
provided in subsection C below, shall be made for a three year
92-89.0~DCSS:DE:cLt)O?/13/92 7
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term. Each reaular member shall serve until his or her
successor is duly appointed and confirmed. Appointments shall
be effective on June 1st of each year. In the event of a
vacancy, an appointment shall be made to fill the vacancy in
the same manner and with the same qualifications as if at the
beginning of the term, and the person appointed to fill the
vacancy shall hold the position for the remainder of the
unexpired term. Any member may be reappointed, but may not
((ts)) serve ((nst)) more than two consecutive three year
terms. A member shall be deemed to have served one full term
if such member resigns at any time after appointment or if such
member serves more than two years of an unexpired term. The
members of the commission shall serve without compensation
except for out-of-pocket expenses incurred in connection with
commission meetings or program.
C. For appointments made in 1992 the Kinq County
Executive shall appoint or reappoint three members for a three-
year term, three members for a two-year term, and three members
for a one-year term. For purposes of the limitation on
consecutive terms set forth in paraqraph B, an appointment for
a one- or a two-year term shall be deemed an appointment for an
unex ired term.
((~)) D. ((Tha "' ..... * ......... *:--- shall
thc)) The chairman shall be a member of the commission ((from
amcn~)) and shall be elected annually by the reqular commission
(( ............ t The
members. .,~-,.~,. ~ ,,,~..~ ................... ~, --
commission shall adopt ((~ise4)) per K.C.C. Chapter 2.98
rules and regulations, including procedures consistent with
this chapter. The members of the commission shall be governed
by the King County code of ethics, K.C.C. Chapter 3.04 as
hereafter amended. The commission shall not conduct any public
hearing required under this chapter until rules and regulations
have been filed with the ((county)) council clerk.
E. A soecial member of the commission shall be a
votinq member solely on matters before the commission involvinq
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the designation of landmarks within the municipality from which
such special member was aPPointed.
((~.)) F. A majority of the current appointed and
confirmed members of the commission shall constitute a quorum
for the transaction of business. A special member shall count
as part of a quorum for the vote on any matter involving the
desiqnation or control of landmarks within the municipality
from which such special member was aDDointed. All official
actions of the commission shall require a majority vote of the
members present and ((v~ .... ~)) eliqible to vote on the action
voted uDon. NO member shall be eligible to vote upon any
matter required by this chapter to be determined after a
hearing unless that member has attended the hearing or
familiarized him or herself with the record.
G. The commission may from time to time establish one or
more committees to further the policies of the commission, each
with such powers as may be lawfully deleqated to it by the
commission.
((~.)) H~ The director of the King County ((B))
department of ((planning~..~-~ ~.,-,~-~z:~" ~e~e~pme~%)) parks,
planning and resources shall provide staff support to the
commission and shall assign a professionally qualified member
of the department's staff to ((act)) serve as a full time
historic preservation officer. The historic preservation
officer shall be an employee of the ((dcpartmcnt)) division
of ( ~--:-- ~ ..... ~ ....... )) cultural resources.
Under the direction of the commission, the historic
preservation officer shall be the custodian of the commission's
records. The historic preservation officer or his or her
designee shall conduct official correspondence, assist in
organizing the commission, and organize and supervise the
commission staff and the clerical and technical work of the
commission to the extent required to administer this chapter.
((~.)) I__. The commission shall meet at least once a month
for the purpose of considering and holding public hearings on
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nominations for designation and applications for certificates
of appropriateness. Where no business is scheduled to come
before the commission seven days before the scheduled montllly
meeting, the chairman of the commission may cancel the meeting.
All meetings of the commission shall be open to the public.
The commission shall keep minutes of its proceedings, showing
the action of the commission upon each question, and shall keep
records of all official actions taken by it, all of which shall
be filed in the office of the historic preservation officer and
shall be public records.
((~-~)) J_~. At all hearings before and meetings of the
commission, all oral proceedings shall be electronically
recorded. Such proceedings may also be recorded
stenographically by a court reporter if any interested persons
at his or her expense shall provide a court reporter for that
purpose. A tape recorded copy of the electronic record of any
hearing or part thereof shall be furnished to any person upon
request and payment of the reasonable expense thereof.
K_~. The commission is authorized, subject to the
availability of funds for that purpose, to expend monies to
compensate experts, in whole or in part, to provide technical
assistance to property owners in connection with requests for
certificates of appropriateness upon a showing by the property
owner that the need for such technical assistance imposes an
unreasonable financial hardship on such property owner.
L. Commission records, maps, or other information
identifying the location of archaeological sites and potential
sites shall be exempt from public access as specified in R.C.W.
42.17.310(1.c.), as amended, in order to avoid looting and
depredation of such sites.
SECTION 4. Ordinance 4828, Section 4 and K.C.C. 20.62.040
is hereby amended to read as follows:
Designation criteria.
A. An ( _~A-~ · A- ~tr.~,)) historic
resource may be designated as a King County landmark((T
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.............. )) if it is more than forty years old
or, in the case of a landmark district, contains resources
((~)) that are more than forty years old, and
possesses integrity of location, design, setting, materials,
workmanship, feeling and association~ and:
1. Is associated with events that have made a
significant contribution to the broad patterns of national,
state or local history; or
2. Is associated with the lives of persons significant
in national, state or local history; or
3. Embodies the distinctive characteristics of a type,
period, style or method of design or construction, or that
represents a significant and distinguishable entity whose
components may lack individual distinction; or
4. Has yielded or may be likely to yield, information
important in prehist0ry or history; or
5. Is an outstanding work of a designer or builder who
has made a substantial contribution to the art((; ct)) ~
B. An -~--~ ' -~- ~:-~-~-~
((v.~, ........... ~ -- . ....... )) historic
resource may be designated a community landmark because ((~4~
s~,)) it is an easily identifiable visual feature of a
neighborhood or the county and contributes to the distinctive
quality or identity of such neighborhood or county or because
of its association with significant historical events or
historic themes, association with important or prominent
persons in the community or county, or recognition by local
citizens for substantial contribution to the neighborhood or
community. An improvement or site qualifying for designation
solely by virtue of satisfying criteria set out in this section
shall be designated a community landmark and shall ((~e)) not
be subject to the provisions of 20.62. 080.
C. Cemeteries, birthplaces, or graves of historical
figures, properties owned by religious institutions or used for
religious purposes, structures that have been moved from their
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1 original locations, reconstructed historic buildings,
2 properties primarily commemorative in nature, and properties
3 that have achieved significance within the past forty years
4 shall not be considered eligible for designation. However,
( .... qualify)) shall be eliaible for
5 such a property ( -'~
6 desianation if it is:
7 1. ((e)) An integral part of districts that meet the
8 criteria set out in 20.62.040A or if it ms.
9 ((~-r.)) 2. A religious property deriving primary
10 significance from architectural or artistic distinction or
11 historical importance; or
12 ((~-r)) 3. A building or structure removed from its
13 original location but which is significant primarily for its
14 architectural value, or which is the surviving structure most
15 importantly associated with a historic person or event; or
16 ((3.)) 4__~. A 'birthplace, grave or residence of a
17 historical figure of outstanding importance if there is no
18 other appropriate site or building directly associated with his
19 or her productive life; or
20 ((4~.)) 5. A cemetery that derives its primary
21 significance from graves of persons of transcendent importance,
22 from age, from distinctive design features, or from association
23 with historic events; or
24 ((~.)) 6__=. A reconstructed building when accurately
25 executed in a suitable environment and presented in a dignified
26 manner ((%))or((~)} as part of a restoration master plan, and
27 when no other building or structure with the same association
28 has survived; or
29 ((6v.)) 7~ A property commemorative in intent if
30 design, age, tradition, or symbolic value has invested it with
31 its own historical significance; or
32 ((7.)) 8. A property achieving significance within the
33 past forty years if it is of exceptional importance.
34 SECTION 5. Ordinance 4828, Section 5 and K.C.C. 20.62.050
35 is hereby amended to read as follows:
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~omination Procedure.
A. Any person, including the historic preservation
officer and any member of the commission, may nominate ((any
''- ' ~ ~ -~--~)) hi
el~,........... ~-~-~- ~- an storic resource
for des nation as a landmark ((or
oF community landmark. The procedures set forth in Sections
2Q,62.050 and 20.62.080 may be used to amend existina
desianations or to terminate an existing designation based on
changes which affect the applicability of the criteria for
designation set forth in Section 20.62.040. The nomination or
designation of an ((v~j ......... ~ ........... )) historic resource
as a landmark shall constitute nomination or designation of the
( .... )) land on which ((thc object -= improvement)) is
OCCUpied by the historic resource ((~s--~oeaa~e~)) unless the
nomination provides otherwise. Nominations shall be made on
official nomination ~orms provided by the historic preservation
officer, shall be filed with the historic((al))preservation
officer and shall include all data required by the commission.
((N .................................
officcr -h~ll ~ ..... ~--~ ~ ..............
dc: ~cc, ...... commlsSlon, may ....... d ~ com ctc ~,,~
c~py cf :ny ............... a.q~ cf any a.,qcnd,,qcnt
...... upon
B. Upon receipt by the historic preservation officer of
any nomination for designation, the officer shall review the
nomination.
nomination,
additional
consult with the person or persons submitting the
and the owner, and prepare any amendments to or
information on the nomination deemed necessary by
the officer. The historic preservation officer may refuse to
accept any nomination for which inadequate information is
provided by the person or persons submitting the nomination.
It is the responsibility of the person or persons submitting
the nomination to perform such research as is necessary for
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consideration by the commission. The historic preservation
officer may assume responsibility for aatherina the reauired
information, or appoint an expert or experts to carry out this
research in the interest of expeditina the consideration.
C. When the historic preservation officer is satisfied
that the nomination contains sufficient information and
complies with the commission's regulations for nomination, the
officer shall give notice in writing, certified mail/return
receipt requested, to the owner of the property or object, to
the person submitting the nomination and interested persons of
record that a mreliminarv or a desianation determination on the
nomination will be made by the commission. The notice shall
include:
1.
2.
The date. time, and place of hearing;
The address and description of the historic
resource and the boundaries of the nominated resource;
3. A statement that, upon a designation or upon a
~reliminarv determination of significance, the certificate of
appropriateness procedure set out in Section 20.62.080 will
apply;
4. A statement that, upon a designation or a
preliminary determination of significance, no significant
feature may be chanaed without first obtaining a certificate of
appropriateness from the commission, whether or not a building
or other permit is required. A copy of the provisions of
Section 20.62.080 shall be included with the notice;
5. A statement that all proceedings to review the
action of the commission at the hearing on a preliminary
determination or a designation will be based on the record mad~
at such hearing and that no further right to present evidenc~
on the issue of preliminary determination or designation is
afforded pursuant to this chapter.
D. The historic preservation officer shall, after mailing
the notice reauired herein, refer the nomination and ali
supporting information to the commission for consideration on
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the date specified in the notice. No nomination ehall be
considered by the commission less than thirty nor more than
forty five calendar days after notice setting the hearinq date
has been mailed except where the historic preservation officer
or members of the commission have reason to believe that
immediate action is necessarv to prevent destruction,
demolition or defacina of an historic resource, in which case
the notice setting the hearing shall so state.
SECTION 6. Ordinance 4828, section 7 and K.C.C. 20.62.070
· s hereby amended to read as followe:
Designation Procedure.
A. The commission may approve~ ((~)) deny, amend or
terminate the designation of aR ((site, improvement~ ((or
v-j~v,)) historic resource as a landmark or community landmark
only after a public hearing. At the designation hearing the
commission shall receive evidence and hear argument only on the
issues of 1. whether the ( ~:-~-~-~ -~ .... ~
~)) historic resource meets the criteria for designation
of landmarks , ................. ~ ........... or community
landmarks as specified in Section 20.62.040 of this chapter and
merits designation as a landmark((, landmark
or community landmark and, 2. the significant features of the
.... ~v~)) The
landmark ( ~-~-~-~ -: - '
hearing may be continued from time to time at the discretion of
the commission. In the event the hearin~ is continued, the
commission may make a preliminary determination of siqnificance
if the commission determines, based on the record before it
that the historic resource is of si~nlflcant value and likely
to satisfy the criteria for desiqnation set out in Section
20.62.040. Such preliminary determination shall be effective
as of the date of the public hearin~ at which it is made.
Where the commission makes a preliminary determination it shall
specify the boundaries of the nominated resource, the
significant features thereof, and such other description of the
historic resource as it deems appropriate. Within five workinq
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days after the commission has made a preliminary determination,
the historic preservation officer.shall file a written notice
of such action with the manaqer and mail copies of the same,
certified mail/return receipt requested, to the owner, the
person submitting the nomination and interested persons of
record. Such notice shall include:
1. A copy of the commission's preliminary determination;
2. A statement that while proceedinqs pursuant to this
chapter are pending, or six months from the date of the notice,
whichever is shorter, and thereafter if the desiqnation is
approved by the commission, the certificate of appropriateness
procedures set out in Section 20.62.080, a copy of which shall
be enclosed, shall aPPlY to the described historic resource
whether or not a buildinq or other permit is required. The
decision of the commission shall be made after the close of the
public hearin~ or at the next regularly scheduled public
meeting of the commission ((aftcr th~~v~ ........ ~ ~,.~ ...... ~-
hea~b~)) thereafter.
B. Whenever the commission approves the designation of
~3~)) an historic resource under consideration for
........ )) it shall, within fourteen calendar days of the
public meeting at which the decision is made, issue a written
designation report which shall include:
1. The boundaries of the nominated ((prcpcrty))
resource and such other description of the ((lm~ .............
o-j~-.)) resource sufficient to identify its ownership and
location;
2. The significant features and such other information
v~-))
historic resource as the commission deems appropriate;
3. Findings of fact and reasons supporting the
designation ( --~ ~b~t .... 2 abovc)) with specific reference
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to the criteria for designation set forth in Section 20.62.040
4. A statement that no significant feature may be
changed, whether or not a building or other permit is required,
without first obtaining a certificate of appropriateness from
the commission pursuant to the provisions of Section 20.62.080
((~--~~)), a copy of which shall be included in the
designation report. This subsection shall not apply to
historic resources designated as community landmarks.
C. Whenever the commission rejects the nomination of
((all th ~
e~e)) aD historic resource under consideration for
ig k( .... ~ district)) it
des nation as a landmar (, ~_~ , ~~ ~ _4
shall, within fourteen calendar days of the public meeting at
which the decision is made, issue a written decision including
findings of fact and ~easons supporting its determination that
the criteria set forth in Section 20.62.040 ((of this
chaptcr))have not been met. If an historic resource has been
nominated as a landmark and the commission designates such
historic resource as a community landmark, such designation
shall be treated as a rejection of the nomination for King
County landmark status and the foreqoinq requirement for a
written decision shall apply. Nothinq contained herein shall
prevent renominatinq any historic resource rejected under this
subsection as a King County landmark at a future time.
D. A copy of the commission's designation report or
decision rejecting a nomination shall be delivered or mailed to
the owner, to interested persons of record and the manager
within five working days after it is issued. If the commission
rejects the nomination and it has made a preliminary
determination of siqnificance with respect to such nomination,
it shall include in the notice to the manager a statement that
the provisions of Section 20.62.080 ((of thi= chapter)) no
pply .....
longer a to the n~-~-:-~ -: - ~
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prsvidc~ '
d i ti
,n ~, ,,^ A cf ~:- chapter)) subject historic resources.
E. If the commission approves, or amends ((tq~e
.... ~.~)) a landmark designation, the provisions
improvement --
of Section 20.62.080 ((G~--~%~--~9~)) shall apply ((t-~--t-he
t-bereavE)) as approved or amended. A copy of the commission's
designation report or desiqnation amendment shall be filed with
the ((e~)) Division of Records and Elections
together with a legal description of the designated
((~)) resource and notification that the provisions of
Sections 20.62.080 and 20.62.130 ((of this chapter))
apply((T))~ ((~))~f the commission terminates the desiqnation
of an historic resource, the provisions of Section 20.62.080
shall no longer aPPlY to said historic resource.
SECTION 7. Ordinance 4828, Section 8 and K.C.C. 20.62.080
is hereby amended to read as follows:
Certificate of appropriateness procedure.
A. At any time after a designation report and notice has
been filed with the manager and for a period of six months
after notice of a preliminary determination of significance has
been mailed to the owner and filed with the manager, a
certificate of appropriateness must be obtained from the
commission before any ((~)) alterations ((~
-:--~-~-~ changes)) may be made to the significant features
((or ................ )) of the (( ........ , -~
.... ~ ..... ~ ........ prcuc ........ landmark identified in
the preliminary determination (( ' ' ' )) report or
thereafter ((~pccificd)) in the designation report. The
desiqnation report shall supersede the preliminary
determination report. This requirement shall apply whether or
not the proposed ((~)) alteration also requires a
building or other permit((i prey!dad that t)). The
(d ....... ,
requirements of this section shall not apply to any (
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.... , .... ~ ............... j~.)) historic resource located within
incorporated cities or towns in King County, except as provided
by applicable interlocal agreement.
B. Ordinary repairs and maintenance which do not alter
the appearance of a significant feature and do not utilize
substitute materials do not require a certificate of
appropriateness. Remairs to or replacement of utility systems
do not require a certificate of appropriateness ((if)) provided
that such work does not alter an exterior significant feature.
C. There shall be three types of certificates of
appropriateness, as follows:
1. Tvme Io for restorations and major repairs which
utilize in-kind materials.
2. Type II, for alterations in appearance, replacement
of historic materials and new construction.
3. Type III, for demolition, moving and excavation of
archaeological sites.
In addition, the commission shall establish and adopt an
appeals process concerning Type I decisions made by the
historic preservation officer with respect to the applications
for certificates of appropriateness.
The historic preservation officer may approve Type I
certificates of appropriateness administratively without public
hearing, subject to procedures adopted by the commission.
Alternatively the historic preservation officer may refer
aDDliations for TYPe I certificates of appropriateness to the
commission for decision. The commission shall adopt an appeals
procedure concerning Type I decisions made by the historic
preservation officer.
Tyne II and III certificates of appropriateness shall be
decided by the commission and the following general procedures
shall apply to such commission actions:
((B)) 1. Application for a certificate cf
appropriateness ((may)) shall be made by filing an application
for such certificate with the historic preservation officer on
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10474 i
forms provided by the commission_.( (, or by filing ;;ith thc
i~ .... f
and ....
~ .............. ))
((¢)) 2. If an application is made to the manager for a
parmlt for any action which affects a landmark, ((for '~hich a
.... ~==--~- =-- = .... =~-:--~)) the manager shall promptly
refer such application to the historic preservation officer and
such application shalrl be deemed an application for a
certificate of appropriateness. The manager may continue to
process such permit application, but shall not issue any such
permit until the time has expired for filing with the manager
the notice of denial of a certificate of appropriateness or a
certificate of appropriateness has been issued pursuant to this
chapter.
((D)) 3~ After the commission has commenced
proceedings for the consideration of any application for a
rtifi ppr pri ((f
ce cate of a o ateness
-- -~--~-~-" c~n~:)) by giving notice of a hearing pursuant
to subsection ((~)) A of this section, no other application for
the same or a similar alteration ((~r~..-.~..~ .... " ...... ~)) ~ay
be ~aae until such proceedings and all administrative appeals
therefrom pursuant to this chapter have been concluaed.
((~)) 4= Within ((t~irty)) forty five calenaar days
after the filing of an application for a certificate of
appropriateness with the commission or the referral of an
aD~lication to the commission by the manager exceDt those
decided aaministratively by the historic ~reservation officer
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pursuant to subsection ((~-~) 2-- of this section, the commission
shall hold a public hearing thereon. The historic preservation
officer shall mail notice of the hearing to the owner, the
applicant, if the applicant is not the owner, and parties of
record at the designation proceedings, not less than ten
calendar days before the date of the hearing. No hearing shall
be required if the commission, the owner and the applicant, if
the applicant is not the owner, agree in writing to a
stipulated certificate approving the requested alterations ((e~
-u ....... r.~iflc~ticnr)) thereof. This aqreement shall be
ratified by the commission in a public meetinq and reflected in
(Th ' ' y ~"
mmi sion meetin~ minut ( ..............
the Co s es. c ma
ad~ptc~ .............. ~ ........ th r~ ~~
~ ~ ......... t ..... the ~'~nzr.)) If the commission ((~))
qrants a certificate 0f appropriateness, such certificate shall
be issued forthwith and the historic preservation officer shall
promptly file a copy of such certificate with the manager.
((~ If th~
........ d-ti--- t- ~ ....... ~' --~ specific findings
~ =~.IOO -~ ~u~- ~-~ .... ~ l~t~ ~ :-~" ca!cm4ar days
spccification~ -- '
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-"--~" ~ .... ~=- clcrk -~ thc ...... -'' shall
5. If the commission denies the application for a
certificate of aDDroDrlateness, in whole or in part, it shall
so notify the owner, the person submitting the application and
interested persons of record settin~ forth the reasons why
approval of the application is not warranted.
D. The commission shall adopt such other supplementary
procedures consistent with K.C.C. 2.98 as it determines are
reauired to carry out the intent of this Section.
SECTION 8. ordinance 4828, Section 10 and K.C.C.
20.62.100 is hereby amended to read as follows:
Evaluation of economic impact.
A. At the public hearing on any application for a Type II
or TYPe III certificate of appropriateness, or Type I if
referred to the commission by the historic preservation
officer, the commission shall, when requested by the property
owner, consider evidence of the economic impact on the owner of
the denial or partial denial of a certificate. In no case may
a certificate be denied, in whole or in part, (( ...... thc
cc..~.~i==icn ............ )) when it is established that the denial
or partial denial will,
deprive the owner of a
( (ob3~, ........... ~
when available incentives are utilized,
reasonable economic use of the landmark
or sfac)) and there is no viable and
reasonable alternative which ((bee)) would have less impact on
the features of significance specified in the preliminary
determinatio~ report or the designation
~.tifi~.t~ - ........ ~ ..........
report. ((~
grantcd -'- ~-- ~
t t i
- 'I
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...... -~ignificant = ~ -- '~
· h
ar~ ~ .....
T.-
ccrtlflcat= ' th ...... bl
and b. "=~-"~ th-
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~, To Drove the existence of a condition of unreasonable
e~onomic return, the applicant must establish and the
commission must find. both of the followinG:
1- The landmark is incapable of earninq a reasonable
economic return without makinq the alterations proposed. This
finding shall be made by considering and the applicant shall
submit to the commission evidence establishinq each of the
followina factors:
a. The current level of economic return on the
~andmark as considered in relation to the followinq:
¢1) The amount paid for the landmark, the date
of purchase, and party from whom purchased, includinq a
description of the relationship, if any, between the owner and
the person from whom the landmark was purchased;
(2) The annual qross and net income, if any,
from the landmark for the previous five (5) years; itemized
operatina and maintenance expenses for the previous five (5)
years: and depreciation deduction and annual cash flow before
and after debt service, if any, durinq the same period;
(3) The remaininq balance on any mortqaqe or
other financin~ secured by the landmark and annual debt
service, if anY, durinq the prior five (5) years;
(4) Real estate taxes for the previous four (4)
years and assessed value of the landmark accordinq to the two
(2) most recent assessed valuations;
(5) Ail appraisals obtained within the previous
three (3) years by the owner in connection with the purchase,
financing or ownership of the landmark;
(6) The fair market value of the landmark
immediately prior to its desiqnation and the fair market value
of the landmark (in its protected status as a desiqnated
landmark) at the time the application is filed:
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(7) Form of ownership or operation of the
landmark, whether sole proprietorshiP, for profit .or
not-for-profit corporation, limited partnership, joint venture,
(8) AnY state or federal income tax returns on
or relatin~ to the landmark for the past two (2) years.
b. The landmark is not marketable or able to be
sold when listed for sale or lease. The sale price asked, and
offers received, if any. within the previous two (2) years,
includin~ testimony and relevant documents shall be submitted
by the property owner. The followinq also shall be considered:
(1) AnY real estate broker or firm enqaqed to
sell or lease the Landmark:
(~) Reasonableness of the price or lease souqht
b the own ·
(3) An~ advertisements placed for the sale or
lease of the landmark.
c. The infeaslbility of alternative uses that can
earn a reasonable economic return for the landmark as
considered in relation to the followinq:
(1} A report from a licensed enqineer or
architect with experience in historic restoration or
rehabilitation as to the structural soundness of the landmark
and its suitability for restoration or rehabilitation;
(2). Estimates of the proposed cost of the
proposed alteration and an estimate of any additional cost that
would be incurred to comply with the recommendation and
decision of the commission concernin~ the appropriateness of
the proposed alteration;
(3) Estimated market value of the landmark in
the current condition after completion of the proposed
alteration; and, in the case of proposed demolition, after
renovation of the landmark for continued use;
(4) In the case of proposed demolition, the
testimony of an architect, developer, real estate consultant,
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aDmraiser or other real estate professional experienced in
historic restoration or rehabilitation as to the economic
rehabilitation or reuse of the existinq
feasibility of
(5) The infeasibilitv of new construction
around, above, or below the historic resource.
d, Potential economic incentives and/or fundin~
available to the owner through federal, state, county, city or
private Droarams.
2. The owner has the present intent and the secured
financial abilitY, demonstrated by appropriate documentary
evidence to complete the alteration.
C. Notwithstandin~ the foreqoinq enumerated factors, the
property owner may demonstrate other apDrooriate factors
applicable to economic return.
((~)) D. Upon'reasonable notice to the owner, the
co~ission may appoint an expert or experts to provide advice
and/or testimony concerning the value of the ((property))
la.mark, the availability of incentives and the economic
impacts of approval, denial or partial denial of a certificate
of appropriateness.
E. Anv adverse economic impact caused intentionally or by
willful neglect shall not constitute a basis for qrantinq a
certificate of appropriateness.
~ Ordinance 4828, Section 11 and K.C.C.
20.62.110 is hereby amended to read as follows:
Appeal procedure ((far ................. ) ) ·
((A...,~- i,,t .... ted pcrs~n ~f ..... d aggricv~d b~
' ' ' ' =' ~ ' th-t
~--~---~'-- -'~'- ~=:-~" fi .... l~.,d~ days of thc ~,.
.... i-for ..... ~
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..4 ...... · .... ~ · .......... -' ...... ffi ~.nd--shall be aeeempa!
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pursuant
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((B=)) A.. Any ((~}) person {(o£ r:s::d))
aggrieved by a decision of the commission designating or
rejecting a nomination for designation of a ((d~ie4~
i~pr~vcmant ~,r ~,j~.~-)) landmark or issuing or denying a
certificate of appropriateness may, within thirty--five calendar
days of mailing of notice of such designation or rejection of
nomination, or of such issuance of denial or approval of a
certificate of appropriateness appeal such decision in writing
to the council. The written notice of appeal shall be filed
with the historic preservation officer and the clerk of the
council and shall be accompanied by a statement setting forth
the grounds of the appeal, supporting documents and argument.
(({-r}) B_=. If after examination of the written appeal
and the record, the council determines that: ((~)) 1. An
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error in fact may exist in the record, it shall reinand the
proceeding to the commission for reconsideration or, if the
council determines that: ((~)) 2. The decision of the
commission is based on an error in judgment or conclusion, it
may modify or reverse the decision of the commission.
((~-~)) C. The council's (( ' ' )) decision
shall be based solely upon the record~ ((~~))
~, the council may at its discretion publicly
request additional information of the appellant, the commission
or the historic preservation officer.
((~)) ~ The council shall take final action on any
appeal from a decision of the commission by adoption of an
ordinance, and when so doing, it shall make and enter findings
of fact from the record and reasons therefrom which support its
action. ( .... ~ ................................
~)) The council may adopt all or portions of the
commission's findings and ((~%s~n~)) conclusions.
((4~)) E~ The action of the council ((e~~
~=~n~)) sustaining, reversing, modifying or remanding a
decision ((=r .................... )) of the commission shall be final
unless within twenty calendar days from the date of the action
an ((~t-e~))aggrieved person((e{~)) obtains a writ
of certiorari from the superior court of King County, state of
Washington, for the purpose of review of the action taken.
SECTION 10. ordinance 4828, Section 12 and K.C.C.
20.62.120 is hereby amended to read as follows:
Funding.
A. The commission shall have the power to make and
Ddminister grants of funds received by it from private sources
and from local, state and federal programs for purposes ofl
1. ((m)) ~aintaining, purchasing or restoring
((imprcwcmcnts, -~ .... ~ ......... )) histori~ resources located
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within Kin~ County which it deems significant pursuant to the
goals, objectives and criteria set forth in this chapter if
such ((impr~vc~cnt~, ~itc~ cr ~iu~r:c~s)) historic resources
have been nominated or designated as landmarks pursuant to this
chapter((T}) or have been designated as landmarks by
municipalities within King Countv or by the State ,Df
WashinGton. or are listed on the National Historic Landmarks
Reqister, the National ReGister of Historic Places: and
-2. DeveloDinG and conductinq proqrams relating to
archaeology, cultural heritage and technical assistance to
berltaGe museums, heritage orqanizations and public a~encies.
The commission shall establish rules and regulations consistent
with K.C.C. 2.98 governing procedures for applying for and
awarding of grant monies pursuant to this section.
B. The commission may, at the request of the historic
preservation officer and King County ((~)department of
((Plannln~ and ....... ~....,._..~.-~ Dcvc!cpmcn~)) parks, planninq and
~ review proposals submitted to that department for
funds made available for grants to be made by the department
through the Housing and Community Development Act of 1974, 42
U.S.C. 5301 et seq., the State and Local Fiscal Assistance Act
of 1972, 31 U.S.C. 1221 et seq., the Museum Assistance Program
and other applicable local, state and federal funding programs.
Upon review of such grant proposals, the commission shall make
recommendations to the department concerning which proposals
should be funded, the amount of the grants that should be
awarded, the conditions that should be placed on the grant, and
such other matters that the commission deems appropriate. The
historic preservation officer shall keep the commission
apprised of the status of grant proposals, deadlines for
submission of proposals and the recipients of grant funds.
~ ordinance 4828, Section 13 and ]K.C.C.
20.62.130 is hereby amended to read as follows:
Penalty for violation of Section 20.62.080
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10474
Any person violating or failing to comply with the provisions
of Section 20.62.080 of this chapter shall incur a civil
penalty of up to five hundred dollars per day and each day's
violation or failure to comply shall constitute a separate
offense; provided, however, that no penalty shall be imposed
for any violation or failure to comply which occurs during the
pendency of legal proceedings filed in any court challenging
the veli4ity of the provision or provisions of this chapter as
to which such violations or failure to comply is charged.
SECTION 12 Ordinance 9237 and K.C.C. 20.62.140 is hereby
amended to read as follows:
Special Valuation for historic properties.
A. There is hereby established and implemented a special
valuation for historic properties as provided in Chapter 221,
1986 Laws of Washington and Chapter 84.26 RCW.
B. The King County ((~4m~4~s)) landmark arid heritaqe
commission is hereby designated as the "Local Review Board" for
the purposes related to Chapter 221, 1986 Laws of Washington,
and is authorized to perform all functions required by Chapter
221, 1986 Laws of Washington, Chapter 84.26 RCW, and Chapter
254.20 WAC.
C. All King County landmarks designated and protected
under authority of Ordinance 4828 and K.C.C. 20.62 shall be
eligible for special valuation as set forth in Chapter 221,
1986 Laws of Washington and Chapter 84.26 RCW.
SECTION 13. Ordinance 4828, Sections 6 and 9 and K.C.C.
20.62.060 and .090 are each repealed.
SECTION 14. Severabilit¥. If any provision of this
ordinance or its application to any person or circumstance is
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held invalid, the remainder of the ordinance or the application
9~ the provision to other oersons or circumstances is not
affected.
of
INTRODUCED AND READ for the first time this Lw~w~ day
PASSED this I ~-- day of
KING COUNTY COUNCIL
KING COUNTY, WASHINGTON
ATTEST:
Clerk of the Council
APPROVED this
day of .~Zt4 ,
Ring county Executive
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April
7, 1980
· Proposed No.
ORD[NANCE NO. 4B~-~
79- 1,'{64
AN ORDINANCE relating to the protection and
preservation of landmarks, and landmark sites
and districts in King County; creating a
Landmarks Commission; establishing procedures
for designation and preservation of landmarks
and landmark sites and districts; providing
for enforcement and prescribing penalties
for violations.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
S,E.C.T_I_O_N .1.. Findings and Declaration of Purpose.
The King County Council finds that:
(1} The protection, enhancement, perpetuation and use
of buildings,
sites, districts, structures and objects of
Ilhistorical, cultural, arch~t_ctural engineering, geographic
archeological significance located ih
the interest of the prosperity, civic
of the people of King County.
(2) Such cultural and
:part of the heritage, education
and
King County is necessary
pride and general welfare
in
historic assets are a significant
and economic base of King County,
and the economic, cultural and aesthetic standing of the County
]cannot be maintained or enhance¢l by disregarding the heritage
and by allowing the unnecessary destruction or
such assets.
Present preservation programs an,] activities are
insure present and future generations of King
to apoueciate
of the County
defacement of
i nadet]u,3 tO
County residents and visitors a genuine opportunity
and enjoy our historical and cultural he,italic.
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(4) The purl~ses of this ordinance are to:
(a) designate, preserve, protect, enhance and
482q
pe r-
petuate those sites, buildings, districts, structures
and objects which reflect significant elements of
the county's, state's and nation's cultural, aesthetic,
social, economic, political, architectural, archeo-
logical engineering, historic and other heritage;
(b) foster civic pride in the beauty and accomplish-
ments of the past;
(c) stabilize and improve the economic vi~:ality and
values of landmarks, sites, districts, buildings,
structures and objects;
(d) protect and enhance the county's tourist industry;
(e) promote tile continued use of outstanding sites,
districts, buildings, structures and objects for
the education, inspiration and welfare of the people
of King County;
(f) promote and continue private incentives for owner-
ship and utilization of landmark buildings, sites,
districts, structures and objects;
(g) assist, encourage and provide incentives to
private owners for preservation, restoration,
redevelopment and use of landmark buildings, sites,
districts, structures and objects.
SECTION 2. Definitions.
The following words and terms
3rdinance, be defined as follows unless
;learly appears from the 'context:
shall, when used in this
a different meaning
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(1) "Alteration"
modification, restoration or remodeling
the Manager of the King County Building
Division or his designee is required.
is any construction, demolition,
for which permit from
and Land Development
(2) "Certificate of Appropriateness" is written
authorization issued by the Commission or its designee permitting
an alteration or significant change in one or more significant
features of a designated landmark, landmark site or district.
(3) "Commission" is the Landmarks Commission created
by this ordinance.
(4) "Community Landmark" is an easily identifiable
visual feature of a neighborhood or the county which has been
designate(] pursuant to Section 4(2) of this ordinance but which
may be altered or changed without application for or 9pproval of
a Certificate Of Appropriateness.
(5) "Council" is the King County Council.
(6) " '
Designation" is the act of the Commission
determining that a landmark, landmark site or district meets
ithe criteria established by this ordinance for protection and
{jpreservation.
(7) "Designation Report" is a report issued by the
Commission after an action meeting setting forth its determina-
tion to designate a landmark, landmark site or district and
specifying th,~ significant feature or features thereof.
(8) "Historic Preservation Officer" is the King County
Historic Pr.servation Office~ or his designee.
(9) "Incentives" are such compensation, rights or
)rivileqe~ or combination thereof, which the council, or othe~
local, state ,u' I-~'det'al }~ublic body or
applicable },['escnt or future ~egisiation, may bc authorized
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:o grant to or. obtain for the owner(s) of designated landmarks,
landmark sites or districts. Examples of economic incentives
include but are not limited to tax relief, conditional use
~ermits, rezoning, street vacation, planned unit development,
ransfer of development right~, facade easements, gifts,
~referential leasing policies, private or public grants-in-aid,
~eneficial placement of public improvements, or amenities, or the 1t~.
(10) "Improvement" is any building, structure, or
)ther object constituting a physical improvement of real property.
(11) "Interested Person of Record" is any individual,
~orporation, partnership or association which notifies the
:ommission oF the council in writing of its interest in any
matter before the commission.
(12) "Landmark" is an improvement
as a landmark pursuant to this.ordinance.
(13) "Landmark District" is a contiguous
area designated as a landmark district pursuant to
(14) "Landmark Site" is a site, with or without
smprovements, designated as a landmark site pursuant to this
ordinance.
(15) "Manager" is the Manager of the King County
Building and Land Development Division or his designee.
(16) "Nomination" is a proposal that any object, site,
improvement or area be designated a landmark, landmark site, or
andmark district. '~
(17) "Object" is any tangible thing, including any
~hip, which may or may not be attached to real proper~y.
(18) "Owner" is a person having a
a substantial beneficial interest of record
or object designated
geographic
this ordinance.
fee simple interest,
or a substantia!
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beneficial inte=est known to the commission in an object, site
or improvement. Where the owner is a public agency or government,
that agency shall specify tho person or persons to receive notices
hereunder.
{lg) "Party of Record" includes the commission, the
owner, the applicant, the person in charge, and the nominator
f any propose<] landmark, landmark site or district.
(20) "Person" is any individual, partnership, torpor-
~tion, group or association.
(21) "Person in Charge" is the poi-son o~ persons in
possession of an object, improvement, lot or parcel including
but not limited to a mortgagee or vendee in possession, an
assignee of rents, a receiver, executor, trustee, lessee, tenant,
agent, or any other person directly or indirectly in control of
an object, improvement or lot or parcel of real property.
(22) "Preliminary Determination" is a decision of the
Commission determining whether or not an object, improvement,
site or district which
significant value and
lides gnation.
Jr, (2)) "$igni£icant Change" is any alterati, on in a
significant feature not requiring a permit from th(: Manager
but for which the commission's designation report require~ a
certificat~ of appropriateness prio~ to alteration.
(24)
an improvemen t,
has de~igna t~,d
has been nominated for designation is of
is likely to satisfy the c~it:eria
"Significant Feature" is any charac.Leristic of
object, site, or district which the Commission
pursuant to this ordinance as o£ importance to
the historic value of the property for which the preliminary
determination or the designation repo['t requires a corti£icate o[
appropriateness prior to alteration.
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_SF.~C_TfON 3, Landmarks Commission.
(l) There is hereby created tho King County Landmarks
Commission ("commission") which shall consist of nine members
selected as follows:
(a) The nine (9) members of the Commission shall be
appointed by tile King County Executive, subject to confirmation
by the Council, provided that no more than four (4) members shall
reside within any one municipal jurisdiction. The members shall
have demonstrated an active interest in historic preservation.
(b) The King County Executive may solicit nominations
for persons to serve as members of the commission from the King
County Association of Historical Organizations, the American
Institute of Architects (Seattle Chapter), tile Seattle King County
Bar Association, the Seattle Master
Commerce, and other professional and
with landmark preservation.
term.
(2) Ail appointments shall
In the event of a vacancy, an
Builders, the Chambers of
civic organizations familiar
be made for a three-year
appointment shall be made
to fill ,the vacancy in the same manner and with the same qualifi-
cations as if at the beginning of the term, and the person
appointed to fill the vacancy shall hold tile position for the
remainder of the unexpired term. Any member may be reappointed to
serve not more than two consecutive three-year terms. A membeL-
shall be deemed to have served one term if such member resigns
at any time after appointment or if such membgr serves more than
two years of an unexpired term. The members of the commission
shall serve without compensation except for out-of-pocket expenses
incurred in co~nection with commission meetings or programs.
(3) The K~ng County Executive shall appoint the
chairman of the commission from among the commission members.
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~2
4829
~£thtn slx months of its ~irst meeting, the commission shall
adopt ;ules a~d regulations~ including pcocedures consistent with
this ordinance. ~he members oE the commission sha~ be govecned
by the King County Code o~ g~hLcs~ KCC ch. 3.04
amended. ~he c0mmtssLon sha~ no: conduct any public heating
requited unde~ ~hL; ordinance unCt~ cu~es and regulations have
been Ii,ed ~tth the County
(4) A majority o~ ~he curcen~ appointed and confirmed
members of :he commission shall constitute a quorum for ~he :rahs-
action of business. Ali o[[icial actions o[ the co.almission
shall require a majority vote of the members presen~ and vo=inq.
No member shali be eligible ~o vote upon any matter required
by this ordinance ~o be determine~ after a heating unless that
membe~ I~as attended the hearing or familiarized him or he~sul[
with the record.
(5) The Dicectoc of the King County Department of
Planning and Community ~velopment shall provide staff support
to the commission and shall assign a professionally qualified
'membe~ of the ~partment's staff to act as a full-time historic
preservation officer. The historic preservation officer shall
be an employee of the De[)artment of Planning and Community
DeveloDment. Under the direction of the commission, the historic
Drese~vation officer shall be the custodian of the commission's
records. The historic p~eservation officer oc his or he~'
designc, e shall conduct official correspondence, a~miRt in
organizing the comnission, organize and supervise the commission
staff and the clerical and technical work of the commission to
extent required to adminimte~ this ot'dinance.
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(6) The commission shall meet at least once each month
for the purpose of considering and holding public hearings on
nominations for designation and applications for certificates of
appropriateness. Where no business is scheduled to come before
the commission seven (7) days before the scheduled monthly
meeting, the Chairman of Commission may cancel the meeting. Ail
meetings of the commission shall be open to the public. The
commission shall keep minutes of its proceedings, showing tile
action of the commission upon each question, and shall keep
records of all official actions taken by it, all of which shall
be filed in the office of the historic preservation officer and
shall be public records.
(7) At all hearings before and meetings of the commis-
ision, all oral proceedings shall be electronically recorded.
Such proceedings may also be recorded stenographically by a court
reporter if any interested person at his or her expense shall
)rovide a court reporter for that purpose. A tape recorded
:opy of the electronic record of any hearing or part thereof
shall be furnished to any person upon request and payment of
the reasonable expense thereof.
SECTION 4. Criteria for Designation.
(l) An object, improvement, site or district may
be designated as a King County landmark, landmark site or
istrict if it is more than forty years old or, in the case of
landmark district, contains improvements that are more than
forty years old, an(] possesses integrity of location, design,
setting, materials, workmanship, feeling and association, and:
(a) is associated with events that have made
a signilicant contribution to the broad patterns ~f national,
state or local history; or
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slpn£¢£cant
(c)
o~ a typo, pe=£od,
that =epresents
(b) is associated with the lives of persons
in national, state or local history;
embodies the dist. inctive characte=istics
style or method of design or construction,
a significant and distinguishable entity
whose components'may lack individual d£stinction~ o£
(d} has yielded or may be Iikely to y~eld,
info=marion important in prehistory or history; or
(e) is an outstanding work of a designer or
builder who has made · substantial contribution to the art~ or
(2) An object, improvement, site or dist-rict may be
designated a community landmark because of its prominence of
spatial location, contrasts ofsiting, age or scale, it is an
easily identifiable visual feature of a neighborhood or the
county and contributes'to the distinctive quality or identity of
such neighborhood or county. An ~mprovement or si~:e qualifying
for desi~natlon solely by virtue of satisfying criteria set out
in this section shall be designated a community landmark and
shall not be subject to the provisions of Section 8.
(3) Cemeteries, birthplaces, or graves o~ historical
igures, properties owned by religious institutions or used
or religious purposes, structures that have been moved from
their original locations, reconstructed historic buildings,
properties p=imarily commemorativ: in nature, and ]properties
that have achieved significance w~thin the past forty years
shall not be considered eligible for designation. However,
~uch a property will qualify if thqy are integral parts of
istricts that meet the criteria set out in Section 4(1) above
or if it is:
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{a) a religious property deriving primary
significance from architectural or artistic distinct:ion or
historical importance; or
(b) a building or structure removed from its
original location but which is significant primarily for its
architectural value, or which is the surviving structure most
importat ly associated
(c) a
figure Of outstanding
or
site
life; or
(d) a cemetery that derives its primary signifi-
cance from graves of persons of transcendent importance, from
age, from distinctive design features, or from association
with historic events; or
(e) a reconstructed building when accurately
executed in a suitable environment and presented in a dignified
manner for] as part of a restoration master plan, and when no
other building or structure with the same association has
survived; or
(f) a property primarily commemorative in intent
if design, age, tradition, or symbolic value has invested] it
wit}] its own historical significance; or
(g) a property achieving significance within
the past forty years if it i.~ of exceptional :importance.
SECTION 5.
Any person,
and any meznber of the
ment, district or
with a historic person or event; or
birthplace, grave or residence of a historical
importance if there is no other appropriate
building directly associate(] with his or hell prodgctive
site or district.
Nomination Procedure.
including the historic preservation
commission, may nominate any site,
officer
improve-
object for designation as a landmark OL' landmark
The nomination or designation of an object or
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improvement as a landmark shall constitute nomination or
designation of the site on which the object or improvement is
located as a landmark site unless the nomination provides othec-
wise. Nominations' shall be made on official nomination forms
provided by the historic preservation officer, shall be filed with
the histocic pceservation officer, and shall include all data
required by the commission. Nominations found to be. in order by
the historic preservation officer shall be considered by the
commission at a public meeting. The historic preservation
officer, his or her designee, or the commission may amend or
complete any nomination. The historic preservation officer
shall mail a copy of ally nomination and of any amendment thereto
to the owner upon completion.
SECTION 6. PKeliminary Determination Procedure.
(1) Upon receipt by the historic preservation officer
of an}, nomination for designation, the officer shall review the
nomination, consult where necessary with the person or persons
submitting the nomination'and the owner and prepare any amendments
"to or additional information on the nomination deemed necessary
by the officer. Tile historic preservation office~' may refuse to
accept any nomination for which inadequate information is
>rovide~l by the person or persons submitting the nomination.
It is the responsibility of tile person et' persons
submitting the nomination to perform such research as is necessary
for a pri.'liminary determillation by iht: commis.~ion. The historic
:reservation officer may asst~,e responsibility for gathering the
require~] information, or appoint an expert or experts to carry
out this research in the interest of expediting the preliminary
determination. The certificate of appropriate~ess procedu['e set
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out in section 8 of this ordinance shall not be enforced
after a preliminary determination of significance by the
commission.
that
with
shall
until
{2) When tile historic preservation officer is satisfied
the nomination contains sufficient information and complies
the commission's regulations for nominations, the officer
give notice in writing to the owner of the property or
object and to the person submitting the nomination that a
preliminary determination on the nomination will be made by the
commission. The notice shall contain the date, time and place
of hearing, th~ address and description of the property, and shall
state ti]at, upon a preliminary determination of significance, the
certificate of appropriateness procedure set out in section 8 of
this ordinance will apply, together with a statement that, upon a
preliminary determination of significance, no significant feature
may be changed without first obtaining a certificate of appropriate
ness from the commission, whether or not a building or other
permit is required. A copy of tile provisions of section 8 shall
ibe included with tho notice.
(3) The historic preservation officer shall, after
Ilmailing the notice required herein, refer the nomination and all
supporting information to the commission for consideration on the
date specified in the notice. No nomination shall be considered
by the commission less than fourteen (14) calendar days after
notice has been mailed to the owner and I~erson .~ubmitting the
nomination except where the historic preservation officer or
members of the commission have reason to believe that immediate
action is necessary to prevent the destruction, demolition, or
defacing of an object, improvement, site or district, in which
case the notice setting tile hearing shall so state.
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(4) The commission shall make a preliminary determinatio[
on each nomination referred to it only at a public meeting. The
commission shall consider tile nomination documents, supporting
materials, and any written statements concerning the nomination
which are submitted no later than three (3) days before the
meeting at which a nomination is considered. Upon review of
such materials, the commission shall determine whether the object,
improvement, site or district nominated is of significant value
land likely to satisfy the criteria for designation set.out in
Section 4 of this ordinance. Such determination shall be effectiv4
as of the date of the public meeting at which it is made. Where
the co~nission makes a preliminary determination to approve the
nominat£on for consideration for designation, it shalll
(al specify the boundaries of the nominated
property, the significant particular features thereof, and such
otl~er description of the site,
as it deems appropriate~
(b) set a date, which
thirty (30) nor more than forty-five
improvement, district or object
shall be not less than
(45) calendar flays from the
ida[e o£ preliminary approval of nomination at which a public
hearing on the designation shall be held as provided in Section 7.
(5) Within five {5) working days after the commission
has made a preliminary determination approving a nomination [or
further designation procedures, the historic [?reservation officer
shall file a written notice o£ such action with the ~lanageu
and mail copies of the same, certified mail/return receipt
requested, to tile owner, tile person submittin<] the nomination
an(] interested persons o£ record. Such notice shall include:
(al a copy of the commission's preliminary
determination;
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(b) a statement that while proceedings pursuant
to this ordinance are pending, or six (6) months from the date of
the no~ice, whichever is shorter, and thereafter if the designa-
.ion i.~ approved by the commis.~ion, the certificate of appro-
~riatene.~s procedure.~ set out in Section 8 of this ordinance, a
.-opy of which shall be enclosed, shall
object, site, improvement or district,
or other permit is required;
hearing on
(c) the date, time
the designation;
(d) A statement that
apply to the described
whether or not a building
and place of the commission
all proceedings to
review
the action of the commission at the hearing on approval of
designation will be based on the record made at such hearing
and ti]at no £urther right to present evidence on the issue
of designation is afforded pursuant to this ordinance'.
(6) Where the com~nission rejects a nomination, it
shall so notify the owner, the person submitting the nomination
and interested pe~'sons of record setting forth its reasons why
'approval of th,.' nomination for further designation procedures
is not warranted. Any interested person of record may appeal
rejection of the nomination as provided in Section 11(1) of
this ordinance.
SECTION 7. Designation Procedure.
(1) The commission may approve or deny designation
of a site, improvement or object only after a public hearing.
At the designation hearing the commission shall receive evidence
and ~ca~- a~'gument only on t~]e issues of (1) whether the district,
site, improvement or object meets the criteria for designation
of ~andmarks, landmark sites or districts specifiud in Section 4
of this ordinance and merits designation as a landman'k, landmark
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2)
ire or district and, (2) the significant features o~ the
istrict, site, imp¢ovement cc object. ~he hearing may be
.ontinued from time to time in the discretion of the commission.
'he decision of the commission shall be made at the next regularly
~cheduled publi'c meeting of the commission after the close of r
;he public hearing.
(2) Whenever the commission approves the designation
of all or any portion of the district, site, improvement or
object under consideration for designation as a landmark, landmark
site or district it shall, within fourteen (14) calendar days
of the public meeting at which the decision is made, issue a
written designation report which shall include:
{a) the boundaries'of the nominated property and
~uch other description' of the improvement or object sufficient
:o identify its ownership and location;
(b) tile significant features
information concerning the district, site,
as the conunission deems appropriate;
(c) findings of fact and reasons
designation and section (b) above with specific
:riteria for designation set forth in Section 4 of
(d) a statement that no .~ignificant
and such other
improvement or object
supporting the
reference to the
this ordinance;
featur,? ma~,
~e chan~jed, whether or not a building cc other, p-.emit is required,
without first obtaining a certificate of appr.opriateness from
the commission pursuant to the provisions of section 8 of thi.~
ordinancu, a copy of which si~all be include,] in the designation
report.
(3) Whenever tile co~uni~sion rejects the nomination of
ail cc a,ly portion of the district, site, iml>rovcmcnt Ol' objcct
under consideration for designation as a landmark, iandmnrk sit~
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I or district it shall, within fourteen (14) calendar days of the
2 )ublic meeting at which the decision is made, issue a written
] .ecision including findings of fact and reasons supporting its
4 letermination that the criteria set forth in section 4 of this
$ ordinance have not been met.
6 (4) A copy of the commission's designation report or
7 decision rejecting a nomination shall be delivered or mailed to
B the owner, to interested persons of record and the Manager
9 within five (5) working days after it is issued.
10 If tile commission rejects the nomination, it shall
11 .nclude in tile notice to the Manager a statement that the
12 )revisions of Section 8 of this ordinance no longer apply to
1~ :he district, site, improvement, or object. Any interested
14 ~erson of record may appeal the approval or rejection of a
15 ]osignation in tile manner provided in Section 11(2) of this
16 etd inance.
17 (5) If tile commission approves the designation of all
lB or any portion of a district, site, improvement or object, the
19 iprovisions of Section 8 of this ordinance shall apply to the
20 designate.'] district, site, improvement, object or portion thereof.
21 A copy of tile commission's designation report shall be filed with
22 the County Recorder together with a legal description of the
2~ designated property and notification that the provisions of
24 Sections 8 and 13 of this ordinance apply.
25 SECTION 8. Certificate of Appropriateness Procedure.
26 (1) At any time after a designation report and notice
27 :has been file(] with the Manager and for a period of six (6) months
28 aft(;~: noLice o£ a i~r,31iminary deterlnination of siqnificancr.
29 been mailed Lo the ownaL' and filed with the Mana,.le,', a certificate
)0 of appropriateness must be obtained from the commission before any
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person may make alterations or significant changes to the
significant features or characteristics of the district, site,
improvement or object suggested for preservation in the preliminar'
determination of significance or thereafter specified in the
designation report. This requirement shall apply whether or not
the proposed change or alteration also requires a building or
other permit, provided that the requirements of this section shal'l
not apply to any district, site, improvement or object located
within incorporated 'cities or towns in King County.
(2) Application for a certificate of appropriateness
may be made by f£1ing an application for such certificate
with tile historic preservation officer on forms provided by the
commission, or by filing with the Manager an application for a
permit to make alterations or significant changes for which a
Icertificate of appropriateness is
of designation proceedings or tile
The application for a certificate
required because of the pendency
terms of a designation report.
of appropriateness shall
include all information and materials deemed necessary by the
icommission. The Commission may consider or issue a certificate
'of appropriateness without the submission of final drawings,
Iplans and specifications.
(3) If an application is made to the Manager foe a
~ermit for which a certificate of appropriateness is required
before such certificate has been obtained, the. Manager shall
promptly refer such application to the historic preservation
officer and such application shall be deemed an application for
a certificate of appropriateness. The Manager may continue to
process such permit application, but shall not issue any sucll
permit until the time has expired for filing with tile Manager
the notice of denial of a certificate of appropriateness or a
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certificate of appropriateness has been issued pursuant to this
ordinance.
(4) After tile commission has commenced proceedings for
the consideration of any application for a certificate of
appropriateness~ for a particular alteration or significant change
by giving notice of a hearing pursuant to subsection 5 of this
section, no other application for the same or a similar alteration
or significant change may be made until such proceedings and all
~dministrative appeals therefrom pursuant to this ordinance have
)een cogcluded.
(5) Within thirty (30) calendar days after the filing
of an application for a certificate of appropriateness with the
Icommission or the referral of an application to the commission
by the Manager pursuant, to subsection 3 of this section, the
commission shall hold a public hearing thereon. The historic
preservation off. icer sh. all mail ne. tire of the hearing to the
owner, the applicant, If the applicant is not tile owner, and
)attics of record at the designation proceedings, not less than
ten (10) calendar days before the date of the hearing. No hearing
ilshall be required if the commission, the owner and the applicant,
if applicant is not the owner, agree in writing to a stipulated
certificate approving the requested alterations or changes or
modifications thereof. The commission may, by rule adopted
pursuant to this ordinance, authorize the historic preservation
officer to issue a certificate of appropriateness by agreement
with the owner. If the commission orders a certificate of appro-
priateness, such certificate shall be issued forthwith and the
historic preseruation officer shall promptly file a copy of such
certificate with the Manager.
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(6) If the commission declines to issue a certificate
oK appropr£aCeness, iC mhall aC a public meeting forward wr£tCen
recommendations Co the council with specific findings in respect
Co the factors enumerated tn Sections 9 and lO of this ordinance
not later than hinety (90) calendar days after the referra! of
the application by the Nanager to the commission, or after the
f£1ing of an application for a certificate of appropriateness
with the historic preservation officer, and shall mail a copy of
said findings and recommendations Co the owner, the applicant,
the Manager, and interested persons of record within five (5)
working days after tire recommendations are adopted. In forwarding
its recommendations to the council~ the commission shall also
furnish to the Clerk of the Council copies of the application for
a certificate of appropriateness and such final drawings, plans
and specifications as were used by the commission in developing
its recommendations.
(7) Within ninety (90) calendar days of receipt of the
commission's recommendations, the Council may by adoption of an
ordinance approve, condition or deny a certificate of appropriate-
ness. Should the council not take action within ninety (90) days,
the Clerk of the Council shall automatically issue a certificate
Of appropriateness at tile end of the ninety (90) day period.
SECTION 9. Criteria for Issuing, Denying, and
Conditioning
In
appropriateness the c~nmission
following criteria:
Certificates of Appropriateness.
considering any application for a certificate
of
and the council shall consider the
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(1) ' The extent to which the proposed alteration or
ignificant change would adversely affect the specific features
.r characteristics specified in the latest of the preliminary
determination of significance or the designation report;
(2) The reasonableness or lack thereof of the proposed
alteration or significant changes in light of other alternatives
available to achieve the objectives of the owner and the applicant;
(3) The extent to which the proposed alteration or
significant change may be necessary to
of any other law, statute, ordinance,
ordinance; and
(4) The extent
significant change
meet the requirements
regulation, code or
to which the proposed
is necessary or appropriate
alteration or
to achieving
for the owner or applic&nt a reasonable return on the site,
[mprovement or object~ taking into consideration the factors
specified in Section 10 of this ordinance and the economic
consequences of denial.
SEC'~[ON 10. Criteria and Procedures for Evaluation
I!of Economic Impact.
(1) At the public hearing on any application for a
Icertificate of appropriateness the commission shall, when
requested by the property owner, consider evidence Of the economic
impact on the owner of denial or partial denial of a certificate.
In no case may a certificate be denied, in whole or in part,
where the commission establishes that the denial or partial denial
will, when available incentives are utilize(], deprive the owner of
a reasonable economic use of the object, improvement, or site.
A c..rt, ificate of approllt'iaten~'~ ~hall b~? qranted,
subject to conditions stipulated by the commission, if a struc-
tural evaluation by tile owner all(] confirmed by the'co~mnission
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]emonstrates that the significant feature or features at issue
are beyond reasonable repair and a hazardous condition exists.
(2) In determining whether denial or partial denial
~f a certificate of appropriateness will permit the owner a
reasonable economic use of an object, improvement or site the
ommission shall consider the following factors:
(i) the market value of the site, improvement
r object in its existing condition taking into consideration
the ability to maintain, operate or rehabilitate the site,
improve]nent or object {a) with the alterations or changes
sought by the Owner and (b) without the alterations or changes
sought by the owner. Available incentives shall be included
in both calculations of market value. '
(ii). the'owner's yearly net return on the site,
improvement or object, to the extent available, during the five
years prior to the hearing~
(iii) Estimates of the owner's future net yearly
return on the site, improvement or object with and without the
i!alterations or changes sought by the owner and with available
(iv) The net return and the rate of return
,lece~sary to attract capital for invest~,ent (a) in such site,
improvement or object and in the land on which the site, improve-
,ent or object is situated without the alterations or changes
~ought by the owners and available incentives, if such information
is available or, if such information is not available, (b) in a
comparable site, improve]nent or object and in the land on which
.~uch ?o~nparable site, improvement or object is situated; and
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omparable
ordinance.
(v) The net return and rate of return realized on
sites, improvements or objects not subject to this
Upon written request
person in charge shall provide
as is necessary and sufficient
hereunder. .
{ 3) Upon reasonable notice to the
may appoint an expert or experts to provide
mony 'concerning the value of the property,
from the commission, the owner or
the commission with such information
to make the determinations required
owner, the commission
advice and/or testi-
the availability of
incentives and the economic impacts of approval,, denial or
partial denial of a certificate of appropriateness.
SECTION 11. Reconsideration; Appeals from Decisions
of the Commission.
(1) Any interested person of record.aggrieved by a
preliminary determination of the commission finding that a district
'site, improvement or object is ineligible for designation may,
Iwithin thirty-five (35) calendar days of the date of notice of the
determination, petition the commission for reconsideration of that
determination on the ground that the determination was based on
errors or omissions of fact or that new information bearing on the
determination and not discoverable by the petitioner at the time
of the determination is available. The petition for reconsidera-
tion shall be filed with the historic preservation officer and
shall be accompanied- by a statement of the grounds for the
petition and supporting documents. Within sixty (60) calendar
days of a petition for reconsideration, the commission shall,
after review of the record, affirm, modify or reverse its prior
determination and may render a revised determination. The commis-
sion may, in its discretion, hold a hearing on the petition for
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~econsideration. The action of the commission denying recon-
sideration and affirming its preliminary determination that a
district, site, improvement or objec~ is ineligible for designation
shall be final unless, within twenty (20) calendar days from the
date of the action, an interested person of record obtains a writ
of certiorari from the superior court of King County, state of
Washington, for the purpose of review of the action taken.
(b) If the commission determines, upon reconsideration,
that the district, site, improvement or object is eligible for
designation, a hearing on the designation shall be scheduled
)ursuant to section 7, and the provisions of section 8 shall
~pply.
(2) Any interested person of record aggrieved by a
decision of the commiss%on designating or rejecting a nomination
for designation of a district, site, improvement or object or
issuing or denying a certificate of appropriateness may, within
thirty-five (35) calendar days of mailing of notice of such
designation or rejection of nomination, or of such issuance or
denial of a certificate of appropriateness appeal such decision in
writing to the Council. The written notice of appeal shall be
Ifiled with the historic preservation officer and the clerk of the
council and shall be accompanied by a statement setting forth tile
rounds for the appeal, supporting documents, and argument.
(a) If, after examination of the written appeal
nd tile record, the council determines, that: ~(1) All error in
fact may exist in the reco~d, it shall remand the proceeding
to the commission for reconsideration or, if the council
determines that: (2) the decision of the commission is based
on an error in judgment or conclusion, it may modify or reverse
the decision of the commission.
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{b) The council's consideration shall be based
upon the record only; however, the counc£1 may at its discretion
publicly request additional information of the appellant, the
commission or the historic preservation officer.
(c) The council shall take final action on any
appeal from a decision of the commission by adoption of an
ordinance, and when so doing, it shall make and enter findings of
fact £rom the record and reasons therefrom which support its
action. Said findings and reasons shall set forth and demonstrate
the manner in which the action carries out and helps to implement
the goals, objectives and criteria set forth in this ordinance
and other King County policies and objectives. The council may
adopt all or portions of the commission's findings and reasons.
(d) The action of the council approving or rejectim
a decision or recommendation of the commission shall be final
unless within twenty days from the date of the action an intereste~
person of record obtains a writ of certiorari from the superior
court of King County, state of Washington, for the purpose o£
,,review of the action taken,
SECTION 12. Funding Procedures.
of funds
and federal programs for purposes of maintaining, purchasing or
restoring improvements, sites or districts it deems significant
)ursuant to the goals, objectives and criteri% set forth in this
)rdinance if such improvements, sites or districts have been
nominated or designated as landmarks pursuant to this ordinance.
(1) The commission shall have the power to make grants
received by it from private sources and from local, state
regulations governing
of grant monies pursuant
The co~mnission shall establish rules and
)rocedures for applying for and awarding
:o this section.
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(2) The commiss~on may, at the reguest of =he historic
)reservation officer and King County Department of Planning and
ommunity Development, review proposa'ls submitted to that Depart-
ment for funds made available for ~rants to be made by the
Department throqgh the }lousing and Community Development Act of
1974, 42 U.S.C., $ 5301 e__t Seq., the State and Local Fiscal
Assistance.Act of 1972, 31 U.S.C., $ 1221 et seq., the Museum
~ssistance Program and other applicable local, state and federal
!unding programs. Upon review of such grant proposals, the
commission shall make recommendations to the Department concerning
which proposals should be funded, the amount of the grants that
Should be awarded, the conditions that should be placed on the
grant, and such other matters as the commission deems app6opriate.
The historic preservation officer shall keep the commission
apprised of the status o~ grant proposals, deadlines for submis-
sion of proposals and the recipients of grant funds.
SECTION 13. Violations - C£vil Penalty.
Any person violating or failing to comply with the
provisions of section 8 of th~s ordinance shall incur a civil
ipenalty of up to five hundred dollars per day and each day's
violation or failure to comply shall constitute a separate
offense~ provided, however, that no penalty shall be imposed
for any violation or failure to comply which occurs during
the pendency of legal proceedings filed in any court challenging
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the validity of the ptov£sion or provisions oE this ocdinance,
as to which such violations
of
failure to comply is charged.
this
INTRODUCED and READ [or the first time
PASSED this '~%./ day of ~ -
1980.
v<
CU, ilrman
APP ROVt::p this
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• t
i • s
~
RULES AND REGULATIONS OF THE
KING COUNTY LANDMARKS AND HERITAGE
COMMISSION
;
4 l ~ {
RULES AND REGULATIONS
OF THE '
KING COUNTI' LANDMARKS AND HERITAGE- COMMISSION
The following Rules and Regulations, including procedures have been adopted by the King
County Landmarks and Heritage Commission pursuant to Paragraph D of Section 3 of King
County Code 20.62 (Ordinance 10474).
Part I: Ethics and Conflict of Interest Part II: Organization ~
Part III: Conduct of Meetings and Hearin;s
Part N; Nomination and Designation of Landmarks -
Part V: Landmark Districts Part VI: Cerdficates of Appmpriateness
. Part VII: Evaluauon of Economic Impact
Part VIII: Special Valuarion for Historic Propenies Part IX: Appeals and Reconsiderauon
Pefinitionc: The words and tenns, as defincd in Section 2 of K.C.C. 20.62 (Ordinancc 10474)
are uscd in tiese Rules and Regulations. Order Qt Preeedence: These Rules and Rcgularions are adopted pursuant to Ordinance 10474,
K.C.C. 20.62.030 D. In the event of any conflict between these Rules and Regulations and
Ordinance 10474 the provisions of the Ordinance shall govern. .
11/18/92 1
~ t`.., .~C ~!):..:\',i);. -
I'.ART I: I:"I'lI1C;S, CUIFLIC'I' UF INTEREST .4NI) AYI'EARANCE UF
FAIRNEfiS
l. The members of thc Commission shall be eoverned by the king Count~~ Code of Ethics,
K.C.C. Chapter 3.U~ as hcreafter amended. (K.GC. 20.6?.030D) Tne purpose of this Pa-t I is to
provide sFrcific €uidance to Commissioners in the application of the Code of Ethics to the business
of the hinL Countv Landmar}:s and Neritage Commission.
2. In their capacity as Commissioners of the King County Landmarks and Heriuge Commissians,
. Cornmissioners wrill avoid acting in matters in which there exists either a conflict of interest or the
appearance of a conflict of interest. '
A. Conflict of interest or a per:.eiveci con;lic; of interest shall be deemed to exist
v,ith respect to any matter.
1. In which the Commissioner or any member of his or her
immediate familyl h2s a direct financial interest.
2. Which will directly involve (e.g. grants, contracts, landmark
desi-narion, certificate of appropriateness, special tax valuation) any
organizzuon.in which the Commissioner is a director or officer or
has within one year been a director or officcr. `
B. No Commissioner shall participate in deliberations or vote on any matte: before
the Commission in which such Commissione* has a conflict of interest or 2
perceived conflict of interest.
C. No Commissioner shall communicate with or anempt to influence any other
Commissioner concernine ary matter before the Commission, o: which may
reasonablv be expec:ed to corae before the Co:nmission, in which such
Corzunissioner has a conflict of interest or a perceived conflict of interest.
3. Commissioners must decide any quasi judicial matter'- brought before the Commission only on
the hasis of the public record and such things whieh the), may properl;taJ:e judicial notice.
Com:nissioners should avoid all ex panO communications con--erning any quasi judicial
p-oceeding A. Quasi judicia] matters which mav come before the King Counn, Landmarks and
He; itas!e Corrimission are:
~"Immeoiatc family" spoucc, dcpcndent children, and othcr dcpendent rclatives if living in his on ce: household. (K.C.C.
2 "Quzsi judicial" is a terrn applicd to the action of pub)ic adminisvative o;Cice;s who are rcauircd to in••cstiFaic faas o:
uccrtain thc cxistcacc o: facts and draw• conclusioru from thcm, as a basis for tncir o:ficial action, and to cxcrcisc
disaction of a judicial nacurc.
3 On onc sidc only; by or for one pz:rv; donc for, in bchalf of, o; on appiication of onc pz:p on)y.
2
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;
f . i
huics s;ud F~.•ru:a;iun. of thc
}:l.^.!: C~uur~;•, l~~nd:na;}:ti and }-Icritaq1e Commissiun
1. Designation of Landmar}:s.
2. Approva] or disapproval of Certificates of Appropriateness.
3. Special valuation for historic properties. (When the Commission
sits as a"Local Review IIoard" under Chapter 221, Laws of
Washington)
B. An "ex pane" communication refers to information received by a Commissioner outside of the official proreeding on the matcer.
Commissioners are encouraged to view the property which is the
subjec-, of the proceeding. The fact of such viSit should be reported
at the hearing and made a pan of the record. .
2. If a Commissioner receives informauon outside of the public
proceeding he or she should report the receipt of such infonnarion
and the nature of such informanory for the record. If the infonnation
was received in tangible form it should be made a part of the record.
C. In their deli'terations Comm:ssioners may ta}:e ' judicial notice"] o; an),
commonly known fact even if not made a pan of the record. (e.g. the laws of the
state, historical events, the constimtion, the course of nature, geogaphical features,
etc.)
PART II: OFGANIZATION
1. Chair and Vice Chair. The Chair (of the Commission) shall be a member of the Commission
and shall be elected annually by the regular commission members. (K.C.C. 20.62.03D) At iu
reaular meeting in the month of June of each year the rewlar members of the Commission shall
elect from amonc, mcmbers of the Commission a Chair and a Vice Chair. The Vice ChaL shall act
for the Cha.ir in his or her aosence or unavailability and shall perform such additional ducies as may
be delezated to him or her by the Chair.
2. Standina Committees. Standing committees shall consist of three to five members of the
Commission appointed bNt the Chair, subject to confirmation by the regular and special members of
the Commission. Members of standing committees shall be appointed or reappointed in June of
each year.
3. Ad Hoc Committees. From time to dme the Chair mzy appoint or the Commission may
establish committees for special purposes. Such committees ma), include members of the
1"Judicia] Jvoticc" is that which is so notorious that everybody, including judFes, }TOws about it.
C l i.... 1......' I.. . . . . : :...........f . .
- t" , i . . . . . .
Commission :ind non mcmhcrs, providc;d howcvcr, Lic Commission s}ial) not dc.lcgaie any of its
Po\vcrs to ::ny Committee which includcs non mc;mt,;:rs of the Commission.
4. MemtershiP on Othcr Comminees. The Chair mav from time to timc appoint memhers of the
Commission as Commission representavves on joint committees madc up of representatives of
other public and private o°ganiutions. If any mcmber so appointed is authorized to mal:e
commitments, on behalf of the Commission such appo;ntment and the extent of his or her authority
shal] be subject to confi; rnation by the Commissior..
5. Commission Acts Co)lective)v. The King County Landmarks and Heritage Commission acts as
a body. No individua] Commissioner has authoriry to act in his or her individual capaciry.
Indiv~dua] Commissions mav, from rime to time, be cielecated specific authoriry to act for and on
behalf ot the Commission. The Chair is the official spokesperson for the Commission, except to
the extent he or she may delegate specific macters to other Commissioners.
6. Correspondence. Unde; the direction of the Commission, the Historic P:eservation Officer or
his or her desi`nee sha11 conduct all officia] coirespondence. (K.C.C. 20.62.030H)
Correspondence with elected public ofricials will be siged by the Chair, or his or her designee..
PART III: COh'DtiCT OF MEETINGS AND HEARINGS
1. Procedures. Meetines ~zl] be conducted in accordance with the Procedures of Small Boards in
Roben s Rules of Order, Newly Revise:, except to the extent in conflict with Ordinance 1047;
and these Rules and Reeulations.
2. PresidinR Office;. Tne Chair or, in the aosence of the Chair, the Vice Chair. In the absence o,`
the Chai; and the N'ice Chair, the regulzr Commissioners present shall ele: t a member of the
Commission to act as Chai: Pro Tem.
3. uorum. A majority of the currentl}, appointed and confirmed (reaular) members of the
Commission shall constitute a quorum for the transaction of business. (k.C.C. 20.62.030F) .A
special memb:r of the Commission shall be counted in determining the number required for a
ouo; um and shall be counteo as a part of P. quo: um fo: the vote on anv matter involving the
desi--nation or contro] of landinarks and in determination of the special tax valuation fo: historic
properties within the municipality from which such special member was appointed. (t:.C.C.
20.62.030F) .
4. .4bsence o•` a Ouorum. No officia] business shall be conducted by the Commission in the
absence of a ouorum. However, the Commissione; s p; esent ma~~, if the meeting agenda has no:
been completed, escablish a rime and place fo: an adjourned meering.
5. Schedulino of Meetin;s.
A. Regulzr montnly meetings of the Commission sh2ll be held in the Executive
Conference Room of the F:ing Counry Courhouse at 9:00 A.M. on the third
Tnu:sday of each month.
4
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s , . . kairs :snc'. kcru:'e:iow, or Ihe
Kint: C<wnty :_ir.dm:i,-i:s.::nd Hc;rii:ipe Commilsic>n
1. Where no business is schGduled to come before the Commission
seven days before the scheduled mon[hly meeting,, the chair of the
Commission may cancel the meeting. (K.C.C. 20.62.0301)
2. The Chair may change the date, time and ]a,ation of the regular
monthly meeting not less than seven days before the scheduled
monthl), meeting n~d not less than seven days before the changed
meerin(y dace.
3. Norice of the cancellation o: rescheduling of a regular meeting shall be published
not less than six daNps before the scheduled meeting and not less than six days
before the changed meering date.
E. Special meetinQs may be held at the call of the Chair or at the written request of
three Commissioners.
1. Norice of a special meetinQ must be delivered personally or by mail, at leasz
twenty-four (24) hours before the time of such meeting as specified in the nouce, to
each Commissioner, and to each loca1 newspaprr,•o: general circulauon and to each
local radio or television starion which has on file with the Comrnission a written
requesc to be noufied of such special meeting or of all special meeungs. "
2. The call and notice of the special meeting shall specify the time and place o` the
meeting and the business to be rransacted.. The Commission shall not take final
action on anv matier not specified in such norice.
3. VJrirten notice may be dispensed with as to znv Commissione: who is actu211v
p-esent at i7e meeting at the rime it convenes o: who, prior to the rime the meeting
convenes, files with the Historic Preservation O:ficer a written vvaiver of norice.
Sueh w•aiver may be given b), telegram or FAX.
4. Nocices pro.rided in this Section may be dispensed with in the event a spec:al
meeung is called to dea] with an emergency involving injury or damage to persons
or propem. or the li}:elihood of such injwy or damaae, when time requiremen:s of
such notice would mal:e notice imp:acrical and increase the likelihood of such injury
or damaQe.
C. Notwithstand.ing any other nozice provision o,` this Par, III, notice of all public hearings
shall be published not more than 20 days nor less than ten days be:ore such he.: ring and
shall state the pu:pose of the nm"in1g.
D. The Historic P;eservation Officer shall cause notice of any meeting o: hearing
. or o; the cancellation, reschedulin- or adjournment of an~~ meeting or hearina to be
mailed to an}, persons or organizations who have requested in v;Titing that they be
notified. Such request may be for all meetings of the Commission or fo: only those
meetings with certain subjects on the agenda. N-otice shall be given as provided
above.
huirN snc! ReLUls:iom, o.` l}ir . - K in,• k'c>uno. L:indm.:r:s Lnd l i:; its!r Cc>mn1i»ic~n
6. OPen Meetinfzs. All meetinbs of the Commission shall be open to thc public. (}:.C.C.
20.62.0301)
7. Puhlic Participation. Members of the public may spea}: to matters on the agenda at the
invitauon of or the approval of the Chair.
8. Puhlic Hearings. A public hearing is a meering or part of a meeting of the Commission held for
the purpose of receiving information from the public on a matter on the Commission agenda.
A. Public hearings shall be held prior to a decision of the Commission (i) on the
designation of a landmark, including, but not limited to, amendments and
teiminations of designation; (ii) on a request for a Certificate of Appropriateness,
except requests for a Type I Certificate, unless referred to the Commission by the
Historic Preservavon Officer or on an appeal by the applicant from an adverse
decision of the Historic Preservarion O:ficer and; (iii) when sitang as a Local
Review Board for purposes related to Lhapter 221, 1986 Laws of Washin~ton;
(Special Valuation for historic property). The Commission may, at its discretion,
hold public hearings on other matters on which it desires general public input.
B. It is t},e policy of the King Covnty Landmarks and Heritage Cominission, to the
excent pracucable, to conduct public hearings conceming thc designaUOn of
property as a landmark, cerrificates of appropriateness~and the special valuarion of
_ historic properties in the community in which the properry is located.
C. The Applicant for a landmark designation, amendment or temunauon, and the
owner if not the applicant, will be allotted reasonable rime to present their case.
Applicants or owmers may speak through a personal representative.
D. The order of spea.king at a public hearing shall be:
1. Staff and Commission's experts.
2. The Applicant and Applicant's experts.
3. The Owner and Owner's experts
4. Members of the public
5. The Applicant and the Owner will have five minutes at the end of
the hearing to summarize and close.
E. The Chair may lunit the time for public comment (e.g. three minutes per
spea}:er) but may not prevent relevant public comment by any person making a
tunel}, request to speak unless such person is disorderly or attempts to disrupt the
meeting. 6
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h;:ir.s and krfulations o` thc
}:in-, C.oiintv l.:inc:m:r1:ti an;: 13cri;a_t COillniion
F. The Chair shall maintain order at all public hc:srinns. The C}iair ma\1 request
any persons who are disorderly or attempt to disrupt the meevn(7 to leave the
meeting and may, if necessary, adjourn the meeting unvl order can be restored.
9. Minutes. The Historic Preservation Officer stiall kecp, or cause to be kept, minutes of all
meetinss of the Commission, shovvinb the actions of the Commission on each question. The
:ninutes shall be filed in the office of the I-iistoric Preservation Officer and shall be public records.
10. Electronic Recording of Prcreedinas. At all public meetings of and hearings before the
Commission, all oral proc:eedings shall be electronically recorded. Such recordings shall be filed
with the minutes of the meeting.
11. Training Sessions. Ttie Commission may, from time to time, hold training sessions or
wo:kshops for the purpose of vaining or education at which no minutes need be kept or elecvonic
recordings maoe. Such meetings are open to the public but no notice need be made.
12. Executive Session. At the request of any Commissioner, the Commission may go into
execuuve session to discuss personnel matcer or matters penaining to potential or acnial lirigauon.
V
PART IV: NOr'IINATION AND DESIGNATION OF LANDM.4RKS
1. Nominarions shall be made on the L2ndmarks and Heritaae Commission " King Counn~
Landmark Registration Form" (Revision 12/5/89) in accordance -.czth the "Guidelines for ~
Complering King Coun:y Landmark Registration Forms" (Technical Paper No. 21).
Tne Reeistrarion Form and Guidelines shall be furnished by the Hiscoric Preservavon O:ficer
upon request.
3. No:ninations shall be filed with the Historic Preservarion Officer and shall include all data
required by the Commission. (K.C.C.20.62.050A)
4. Tne H:storic Preservation Officer shall review all nominations submi«ed. Vt'hen the Historic
Preservarion Officer is sarisfied that the nominarion contains sufficient informarion and complies
with the Orcinance (King Countv Cooe 20.62) and the requirements of these Regularions, the
Historic Preservation Office: snall notify the owner of the property, the person submitting the
nominaDOn and an\~ interesteo pe; sonc of record, and set a date for a public hearing on the
nominarion not less than 30 or more than 45 davs from the date of such nocice, except as provided
in Section 5 below. Such notice shall conform to the reouirements of K.C.C. 20.62.050 C.
5. In the event the Historic Presen,arion Officer or anv member of the Commission has reason to
Mlieve that immediate acrion is ne: essary to prevent destrucdon, demolition or defacing of an
historic resource, the public hearing on a nomination mav be held less than 30 davs from the day of
the noaee to L'ie owner pro~ided in Section 4 above, prov;ded that che nocice shall so state and shall
set fonh the reasons for such shoneninc, of time. (K.GC 20.62.050 D)
A. A special meetin~, pursuant to Subsection S.B. of these Regulations, may be
called for the purpose of htaring any such no;nination.
Of
• • •}:i~~,• C.~uan;~ L::n:i:::;::i,.:::ic: ?1::-:.::,r Cci^r.~~istiicm
B. In ordcr to give all interested persons an opportunity to be heard, the
Commission may, at the hearing held less than 30 days from the date of notice to
the owner, mal:e a preliminary detemvnation of significance and shall continue the
hearing to a day more than 30 days from such notice to receive funher testimony
before rejecting or approving the nomination. -
pART V: LANDMARK DISTRICTS
This Part will be used to set forth design review criteria and other regulations applicable to
specific designated landmark districts. 8
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}:lil,~ ( (U11~~',1..:11CS:11:1~:S .lilCl F j:':l: _ ~~ci:T:;11:`',1(~;1
I'ART V1: CERTIFICATES Or APPF:UPRIATENESS
1. A cenificace of appropriatencss must be obtained from the Commission before anv pe*son ma~~
make alte;ations to the siLnifcant features of a landmark ~~~hich are set forth in the preliminar\~
determinadon of si~nificance or sFrcifed in the designation repo-t. This requirement sh•r1l appl;,
whether or not the proposed alterauon also requires a building or other permit. (K.C.C. 20.62.070 A )
2. Ordinar), repa.irs and maintenance which do not a]ter the appearance of a significant feature and
do not utilize subsritute materials do not require a cerrificate of appropriateness. lf there are no
interior features of sif-nificance, repairs to or replacement of utilit), systems do not reouire a
ceraficate of appropriateness if such work does not alter a significant feature. (20.62.070 B)
3. There sh :11 be three types o; cenificates o.` appropriateness. Type I for major repairs,
replacements in }dnd and restorations, Type II for alterations in appearance, replacement of historic
materials or new construction or additions, and Type ID for demoiirions o; remova]c o; a landmark
buildina or excavauons, test boring, sice clearing or consvucrion and gradinR activit~~ on an
archaeological site. When a cenificate of appropriateness is required, the followingprocedures
shall gov~rn accordincy to the nPe of cerrificate of appropriateness required:
4. Type I Certificates of Appropriaceness: ma.jor repa:rs, replacements in }and and restorations.
A4ajor reDairs, replacement in ]:ind and restora:ion of a landmark, or si`nificant features of a
srrucrure, buildin„ site or object %kzthin a landmark disLric: shall require a Type I certificate of
appropi-iateness. Type I cercificates of appropriateness may be approveci by the Historic
Preservauon Officer. Applications for the cerrificate shal] br submittea to the Histo;ic Preserv26on
Officer on forms provioed by the Commissior. and in accordance with the following requiremenis.
A. Activities \vhich constitute rnajor repairs, replacements in kind and restorarions
include, but a:e no: limited to, the following:
(1) Repa:rs (other than mino: repairs) using the s•r.rne materials and
design as :he original.
(2) Repaintinc, usina the same color o; materials as was ori-ainall.
(3) Reroofing using tne same tvpe and coior of materiaL
(4) Replacemem of sidewal}:s and driveways usine the same t\1pe
and color of materia?s. '
(5) Repizcement o; foundations or major ponions thereof, usine the
same cype and color o; materials.
(6) Replacement of utility systems i` interior features o; sienificance
ase p: esent.
' ' .+1... ~xri;...'\,:...., ..."r. ..I1:~ 11t... . ~ :...........:i:. . .
B. A clea; pncxograPh or photorraphs of t}ie buildinL, objcet, site or structure, a
bricf dcscrip:ion of thc intended work, and ssmPles af replaccmcnt pidnt or
materials fo~ comPar.son Nvith the exisvng or the oririnal building or strucwre must
bc furnished with th,~ application.
C. Decision or Historic Preservation Officer on the applicavon shall be made
within ten working days from the dace on which the Historic Presen•auon Officer
reccives the applicavon.
D. The Historic Preservarion Officer may on his or her own motion refer the
application to the Commission for a decision in accordance Azth the proc.edures set
fonh for a 7'ype II cenificate of appropriateness. The ume for a decision of the
Commission or, the application shall nin from the date that the application is
referred to the Commission by the Historic Preservation Officer.
E. Appeals from the decision of the Historic Preservation Officer regarding the
issuance of a Type I certificate of appropriateness may be taken b), an agrrieved
person b), filing with the Historic Preservation Officer a notice of appeal, specifyzng
the grounds thereof, within five working days after the action appealed from was
taken. An appea] stays all lega] proceed.ings in furtherance of the acrion appealed
from. The Commission shall hear the appea] within 45 days after the notice of
appeal is received by the Historic Preservauon Officer. Tne Historic Prese:vation
Officer shall a-ive noUCe of the hea.-ing and due norice to the paives of record. At
the hearing befo.e the Commission any parry may appear in person or by aaent or -
by an attorne-,•. The Commission shall decide the appeal wzthin forcy five days of
tne hea.ring. An appea] shall be sustained upon an expressed finding b}, the
Co:nmission that the H:storic Preservarion Officers acaon was based on an error in
a materizl. fact or that the decision of the Historic Preserti,ation Office: was bzsed on
an erro: in judgement or conclusion. In exercising its powers the Commission may
reverse or affi.*m in whole or in part or mav remand to the Historic Preservarion
Officer with direction.
5. Ty-pe II Certificate of Appropriateness: alterauons in appearance, replacement of historic
matenals or new conswcnon or addiuons. Alter2tions in the appea:ance of a sianificar::eam;e,
the repiacement of historic material in a sizi-tificant feature, additions to a]andmark or new
consuuction on a landmark site o: in a landmark disaict, or any excavarion on a archaeoloaical site
reouires a Tvpe II ce^,.:ficate of Zppropriateness. The cerrificate shall be granted in accordance v.:th
the ;ollowzns! criteria:
A. The exten: to which the proposed alteration or significant change would adverselv a.fiect
the specific features o; characterisrics specified in the latest of the preliminar~• deternunation
of signincance, if any, or the desi-anation report;
B. The reasonableness or lack thereof of the proposed alteration o: significant changes in
liaht of other altemadves available to achieve the objectives o: the owne: and the applicant.
10
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Kulcti anc; krFulaticrns of thc
}:in!-, Countv Landr:;:s-l:s:ind l l~,:ri,::;~:• Cc>:nmiltiion
C. The extent to which thc proposed alteration or significant chan.-e maY be necessarv to
meet the requirements of any other lav., statute, or(iinance, reDularion, code or ordinance;
and
D. The extent to which the proposed alteration or significant change is necessar), or
appropriate to achieving for the owner or applicant a reasonable return on the site,
impravement or object, taking into consideration factors specified in K.C.C. 20.62.080
and Par VD of these Fu1es and Regulations and the economic consequences of denial.
6. T\?e IIl Cenificate of Appropriateness: demolition or removal of a landmark, excavation of a
landmark site, test boring, site clearing or construction and grading acriviry on an archaeological
site. The demolirion or removal of a landmar}:, a significant feature of a landmark district,
excavation of a landmark site or excavarion, test boring, site clearing or conswcrion and gradinb
activity on a archaeological site consritutes an izrep2aceable loss to the quality and character of King
. County, and, therefore, requires a Type III certificate of appropriateness. Said certificate shall be
granted in accordance with the follovving procedures and standards.
A. Type III cermficates of apnropriateness shall br issued b}, the Commission only
when one (1) or both of the following two conditions have been established
pursuant to the standards and criteria required beiow: "
(1) The requested action is required to alle,~;iate a threat to public .
health and safety; andlo:
(2) The requested acrion is required to rectif}a condition of
unreasonable economic return.
B. 1'he stantlards and criteri2 required to be shown in order to establish the
_ existence of the conditions specified in subsection 6.A above shall be as follows:
(1) Threau to public health and safety. To prove the existence of a
. threat to public healch and safery the applicant must establish and the
Commission inust find:
(2) That a major and 'unminent threat to public safet),
exists 2s demonstrated by independent analysis and .
supporting other information;
(b) That all available alternaaves for rectifying the
threat have been consideree~ 2s demonsrrated by
2nalvsis of all such alternatives; and,
(c) Tnat the costs associated with rectifying the
threa; would create a condirion whereby the
. invesIments in Lhe project are incapable o: m-ning a
reasonable econo;nic return as described in K.C.C.
20.62.080 and Pa,-t VII of these Rules and
Re`ulations.
kules and Rrcu!atic>rz" pr ttC ~ . . Ki^r Gountv Lindn;::r::s ;:nd Hcri:a~c Cc~mr.;is"ivn
(2) Unreasonable econornic return. To prove the existence of a
condicion of unreasonable economic return the applicant must
establish and the Commission must find that the build.ing is
incapable of earning a reasonable economic return as descritr..d in
K.C.C. 20.62.080 and Part VII of these Rules and Regulations. .
7. App]ication for a cerdficate of appropriateness may be made by filing an application with the
Historic Preservation Officer on fomns proviaed by the Commission, or by filing with the Manager
of the Deparunent of Building and Land Development an applicauon for a pernut to ma}:e
, alterations or significant changes for which a cerdficate of appropriateness is required because of
the pendency of designation proceedings or the tenns of a designation report The applicaaon for a
certificate of appropnateness shall include all informarion and materials deemed necessary by the
Commission. The Cammission may consider or issue a cerdficate of appropriateness without the
submission of final drawings, plans and specification.
8. Applications for a pennit to ma};e alteraaons or significant changes referred to the Historic
Preservarion Officer by the Manager of Building and Land Development pursuant to K.C.C.
20.62. 070 C shall be deemed an application for a cerdficate of appropriateness.
9. After the Commission has commenced proceedings for the considerauon of any applicauon for
a certificate of appropriateness for a particular alteration or sig4ificant change by giving nouce of a
hearing pursuanr to section 10 of this Part, no other application for the same or a similar alteration
or significant change mav be made unril such proceedings and all administrarive 2ppeals therefrom
pursuant to K.C.C. 20.65- or this Part VI have been concluded.
10. Within 45 calendar days after the filing of an application for a cerdficate of approp:iateneSs
with the Commission or referral of an application to the Commission by the ManaQer of Building
and Land Development pursuant to K.C.C. 20.62.070, the Commission shall hold a public
hearing thereon. The Historic Preservation Officer sha11 mail notice of the hearing to the owner,
the applicant, if the applicant is not che owner, and parties of record at the desi=narion proceedings,
not less than ten calendar days beforc the date of the hearing. No hearing shall be required for a
Class II Cemficate of Appropriateness if the Commission and the owner and the applicant, if the •
applicant is not the owner, agree in writing to a sdpulated cerdficate approving the requested
alterations or changes or mod.ifications thereof. If the Commission orders a certificate of
appropriateness, such certificate shall be issued forthwith and the Historic Preservadon Officer
shall promptly file a cop), of such cerdficate with the Manager of Building and Land Development
11. If the Commission denies the applicarion fo: a certificate of appropriateness, in whole or in
part, it shall so notify che owner, the person submitting the application and interested prrsons of
record setting fonh the reasons why approval of the applicauon is not warranted.
12. Any interested person of record may appeal the approval or denial of a cerdficate of
appropriateness as provided in K.C.C. 20.62.090.
13. At the public hearin~ on any application for a ceraficate of appropriateness the Commission
shall, when requested by the property owner, consider evidence of the economic impact on the
owner of the denial or partial denial of a certificate. In no case may a cercificate be denied, in
12
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~ J.. .
kiilr~ anc: kcculatian~ of the
Kinr Cc>un;%• L:indmarl:ti and } 3crit:sgc Cammission
whole or in pan, when it is established that the denial or partial denial wil?, when available
incentives are uvlized, deprive the owner or a reasonable economic use of the object, improvement,
or site, and there is no available alternarive which has less impact on the features of significance or
characteristics specified in the preliminary deterrninarion of significance or the designanon report.
PART VII: EVALUATI0N OF ECONOMIC IMPACT
1. At the public hearing on any applicarion for a cerrificate of appropriateness the Commission
shall, when requested by the propeny owner, consider e~ridence of the economic impact on the
owner af the denial or panial denial of a cerdficate. In no case may a cercificate be denied, in
whole or in part, when it is established that the denial or parval denial will, when available
incentives are udlized, deprive the owner of a reasonable economic use of the landmark, and there
is no viable and reasonable alternative which would have less.impact on the features of significance
or characteristics specified in the preliminary determination of significance or the designation
report. (F:.C.C. 20.62.080 A.)
2. In considering what constitutes an unreasonable economic retum, the Commission will
consider the property owners reasonable expectations of economic return on the property,
including the following: ,
. A. The owner s knowledge of the preliminary determinarion of sienificance or the
landmark designation at the rime of acquisition, or whether the propercy was
designated subsequent to acquisirion. Owners are presumed to have conswctive
notice of preliminary deteraunauons and designauons of landmarks filed with the
Division of Records and Elections and of zoning codes affecrin; the propemy and
indicating its historic significance.
B. Whether the landmazk property was purchased for use or for investment.
(1) If the landmark propeny was purchased for use (e.Q. as a
residence or for business use), does the landmark designarion
interfere wich the propeny's intended use.
(2) If the praperty was purchased as an investment (e.Q. rental
income) does the landmark desigranon adversP ..ly affect the return on
the investment considering alternatives and incentives available co
the owner.
3. To prove the existence of a condition of unreasonable economic retum, the applicant must
establish and the Cornmission must find, both of the followin-: (K.C.C. 20.62.080 B.)
A. That the landmark is incapable of earnina a reasonable economic return without
mak-ing the alcerations or significant chances proposed. This finding shall be made
by considering and the applicant shall submit to the Com.•nission evidence
establishinb each of the following factors: (K.GC. 20.62.080 B.1.)
}Zulcs anc; Krcula:ions o; thc
• ~ ~ Kin- Ccaun;\• 1.:sndms:i;s and Herit?Lc Commitision ) The current level of economic return on the propeny as
-considered in reladon to the following:
(a) The amount paid for the landmark, the date of
purchase, and party from whom purchased,
including a description of the relationship, if any,
between the owner and the person from whom the
property was purchased.
(b) The annuaJ gross and net income, if any, from
the landmark for the previous five years; itemized
operaung and maintenance expenses for the previous
five years; and depreciadon deducrion and annual
cash i7ow before and after debt service, if any,
during the same period.
(c) Remaining balance on any mortgage or other
financing secured b}, the landmark and annual debt
service, if any, during the prior five years.
(d) The remaining balance on any mortgage or other
financing secured by the landmark and 4Lrnual debt
service, if any, during the same period. -
(e) Real estate caxes for the previous four years and assessed value of thc landmark accord.ing to the two
most recent assessed valuarions.
(fl All appraisals obtained within the previous three •
vears by the owner in connecrion with thc purchase,
financing or ownership of the landmark and all other
applicable appraisals to the extent available.
(g) The fair market value of the landmark
immediately prior to its designarion and the fair
market value of the landmark at the rime the
cenificate of appropriateness applicarion is filed.
(h) Form of ownership or operauon of the landmark
whether sole proprietorship, for profit or not-for-
profit corporation, limited partnership, joint venture,
or both.
(i). Any state-or fedcral income tax returns on or
relaring to the landmark for the past two years.
' (K.C.C. 20.62.080 A.l.a.)
14
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(2) That landmza-}: is not mar):etable or able to tx. sold or leasc;d
when listed. The salcs price or rent asked and offers rc:ceivc;ti, if
any, saic or rent, p:ice asked, and offers received if anv within the
previous two vears, including tesvmony and relevant documents
shall be submittc:d by the props;ny owne:. The following shell also
be considered:
(a) Any re;J estate bro}:er or firm enuaged to sell o:
]ease the ]andmark.
(b) Reasonableness of the price or rent sought by the
owner.
(c) Any advenisements placed for the sale or lease of
the landmask. (K.C.C. 20.62.080B.l.b.)
(3) Tne infeasibilit}~ of a]ternative uses that can earn a reasonable
economic return for the landmark as considered in relarion to the
following: (a) A repo:, from a licensPd engineer or arc!:itect
v~zih exDerience in rehabilitation/restoration as to th';
strucn:ral soundness of the landr.7ark and iu
suitabiliry io: rehabilitation/resto:arion.
(b) Estimaies of the cost of the proposed alteration
or sianifican: change and an estimate of any
addiaonal cos that would be incune3 to comply Aith
the recommenc-nrion and oecision of the Comrnission
concerning the appropriateness of the proposed
alit;ation or sinificant chanae. '
(c) EsrimatPa mar}:et value of the landmark in the
current condition after comple6on of the proposed
alterarion; and, in the c2se o: proposed demolition,
after reno~~ation of the land.mark for continue,a use.
(d) Ir, the case of proposed demolirioa, the
testirnony of an arcniiect, developer, real estate
consultant, app; aiser o: othe; real estate professional
exprrienced in rehabilitation as to tne e:.ono:nic
;easibilirv or rehabil;tacion/resto:ation oi historic
buildines or reuse of tne landmark.
(e) The infeasibiliry of new consn-ucrion around,
above, or below tne existinc, landmark.
(K.GC. 20.62.080 B.l.c.) ~
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(4 ) I'cncntial c;conomic inccntives and/or funding availab;c to thc
o\vner t}irouLh fcdcral, state, county, city or privatc prostr•.:ms.
(K.C.C. 20.62.080 B.l.d.) ~
L. The owner ha.S Lhe present intent and the secured financial ability, demonstrated
by appropriate do-cumentary c\ridence, to complete the :ilteration o; sipificant
c6n2e. (K.C.C. 20.62.US6 B.2.) In the czse of demolition or removal of the
]andmark, Lhe owner has the present intent ano secured financial abilitv,
demonsrrated by appropriate do: umentary evidence to complete Lhe building or
swccure proposed to replace the landmark.
C. Upon reasonable notice ta the owner, the Commission may appoint an ex}ert
or expens to provide advice and/or testimon), cancerning the value of the propemy,
the availability of incentives and the economic impacts of approval, denial or parsal
der,ial of a certificate of appropriateness. (K.C.C. 20.62.050 D.) .
D. Any economic impact caused intentionally or by %killful neelect shall not
constitute a basis for granting a certi.`icate of approp:iateness.
(K.C.C. 20.62.080 D.)
PART VIII: SPECIAL '4'ALliATION FOR HISTORIC PROPERTl'.
Tnis Par: inco:po: ates by reference the I:ing County AdministraDVe Policies and
Pro:.edures entitled "Regulations for Histo:ic Preserva:ion Specia? Tax \-aluation". .
PART IX: APPEALS AND RECONSTDERATION
1. A, pea?. Anv persan 2Q`*rieve.d by a decision of the Commission (i ) desienabnE or rejecting, in
whoie or in pa.-i, nomination fo: designauon of a landr=-k or (ii) issuing o: den}ing, in whole o:
in pW-t, a cerdficace o; appropriateness mav, within 35 calendar days of mailing of nonce of any
such action app:zl such decision to Lhe Counry Counci'. Written notice of appea] shall b° filed
v.:i7 Lhe Historic Preservation Officer and the Cierk o: the Counci] ano shall be accompa:i°,d by a
s:atement settinc, forth the t ounds oi the appeal, suppo:-ting do:.uments and arzument. (K.C.C.
20.6?.09 A)
2. Reconside;ation bv the Comm:ssion Any person aggrieved bv a dtcision of the Com:nission
(i) designa:ir.g o; rejectina, in whole or in part, a nomination for oesigrat.ior of a]andmark o: (ii)
issuinE o: denyina, in whole or in part, a certificate o: appropriateness ma~~, within 20 calendar
da~~s of mailinz of no:ice of any decision petition tne Co:nmission for reconsideration on the
Qround the decision \),,as based on (i) errors o: omissions o: fact or (ii) that new information
be2rinc on Lhe decision, and, not reasonably ava.ilable to the prtiuoner at the dme of the decision, is
av2il2dle.
16
. r . . ~ . _ , :
kcr:i:a;ions or 1hC
}:IrI,• COunty Landmarl:ti and }-jcfltaLC COf11f17itision
A. The written petition shall be filed v.•ith the Historic Preservation Officer and
shall be accompanied by a statement settins fonh the grounds for the petition and
supporting documents.
B. After filing of a perition for reconsideration, the decision of the Commission
shal] be deemed not to be a fir.al decision until such petition has been denied or the
decision has been reconsidered.
C. VJithin70 calendar days of a petition for reconsideration, the Commission shall, after
reviewing the record, modif), or reverse its prior decision and may render a revised
decision. The Commission may, in ics discretion, hold a public hearing on the landmark
desi-nauon or the cenificate of appropriateness.