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HomeMy WebLinkAbout4733r 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. 4 B. Such cultural and historic resources are a 5 significant part of the heritage, education and economic 6 base of Auburn, and the economic, cultural and aesthetic 7 well-being of Auburn cannot be maintained or enhanced by 8 disregarding its heritage and by allowing the unnecessary 9 destruction or defacement of such resources. 10 C. Present preservation programs and activities are 11 inadequate for insuring present and future generations of 12 Auburn's residents and visitors a genuine opportunity to 13 appreciate and enjoy our heritage. 14 Section ~ ADOPTION OF ~0D~= 15 There is hereby added to the Auburn City Code a new 16 Chapter 15.76 as follows: 17 18 Chapter 15.76 HISTORIC PRBHBRVATION 19 Sections: 2O 15.76.010 Purpose 21 15.76.020 Landmarks and Heritage Commission 22 15.76.030 Incorporation of King County Provisions 15.76.040 Appeal Procedure 24 15.76.050 Severability 25 26 O~an~ No. 4733 March 30, 1995 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page6 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 ? 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 (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; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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. 9z-Bg.GRD(~:DE :c L t )07/1~3/9Z 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 ((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 92-8g.01~ (SS :DE :cl t )OZ/1:]/92 5 10 4 7 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 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. 9z-~gA~D(SS:DE:cLt)O?/13192 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 92-8~.OP.O(SS:i)E:ctt)O?/ll/~2 8 2 3 4 5 6 7 8 9 10 i1 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 3O 31 32 33 34 35 i )d:74 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 92-89.0RD(S$:DE:clt)07/13/92 9 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 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 9~-89.0~D ( SS :DE: c t t )07/~:3/9~ 10 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 10474' .............. )) 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 9Z-89.0m)CSg:DE:ctt)O?/13/92 11 10474 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: 9Z-~.OIm(SS:DE:ctt)O?/131gZ 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ~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 9Z-89.0RD(SS:DE:ctt)O?/13/gz 13 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 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 9'~*89.(~D(SS :DE: c t t )07[ 13/92 14 1 2 3 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 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 9z-Bg.0RD( SS :DE: c L t )07/I~/9Z 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 i 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 92-89.0~)(SS:DE :c [ t)O?/1:3/92 1 6 104741 1 2 3 4 § 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 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~-~-:-~ -: - ~ 9Z-89.0~)($$:DE :c t t )07/13/9Z 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 ( 9Z-89.0~D[SS :DE :ct t )07/1]/9Z 18 1 3 4 5 6 7 8 9 l0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 .... , .... ~ ............... 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 92-89.IX~D($$ :DE :ct t )07/13/9:~ 19 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 92-89.G~DCSS:DE:cLt)O?/13/9~ 2'0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 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~ -- ' 92-89.0~J)(S$:DE :ct t )07/13/9Z 2 1 1 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 -"--~" ~ .... ~=- 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 9'~-89.OI~)(SS:DE :ct t )07/13/9~ 22 1 2 4 5 6 7 8 10 11 12 1:3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 :31 :32 33 :34 ...... -~ignificant = ~ -- '~ · h ar~ ~ ..... T.- ccrtlflcat= ' th ...... bl and b. "=~-"~ th- 2 ...... '- - ..... th ti t d th f t al 4. Thc attract ..... f ~Z-89.0~CSS:DE:ctt)O?/13/~'~ 2 3 1 2 3 4 5 6 7 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 ' hcraundar )) ~, 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: 9~-89.0RD( SS:DE :c~ t )0Z/13/92 2 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 29 3O 31 32 33 34 35 (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, 9Z-89.~(SS :DE: ct t )07/13/92 25 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 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 ..... ~ 92-89.eRDCSS:DE :ct t )07/13/92 2 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ..4 ...... · .... ~ · .......... -' ...... ffi ~.nd--shall be aeeempa! Ii i ...... days th th th= .... :--:-- pursuant 20 ((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 27 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 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 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 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 9~-89.~($S:DE:cL t )O?J 1319~ 29 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 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 9Z-Bg.OI~)(SS:DE :cL t )07/13/9Z 30 1 3 4 5 6 8 9 10 11 12 13 14 15 16 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 9~-89.ORD(SS:DE:cL t )07~13~9Z 31 I 2 4 6 7 9 I0 11 12 14 16 I? 19 20 2½ 26 27 29 ~0 :1,1 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. I 2 $ 6 ? 8 12 14 15 16 17 J8 :0 2~ 24 25 26 28 ~9 ~0 (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 - 2 - ' , 48 8 $ & ? 10 11 1,4 l',' 18 ~0 ,21 24 ~0 (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 - 3 ! 2 6 ? 8 9 10 1! 14 16 1'7 18 19 2O 21 22 2~ 24 2~ 26 27 28 29 ~0 ~2 :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! - 4 - 48 8 ! ? I0 ~? 2O 26 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. - 5 - I 4 6 7 9 I0 I! 12 14 15 16 I? 19 2~ 26 27 30 _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. - 6 - i 4 6 7 8 10 ~2 16 19 ?0 21 22 2~ 24 25 26 27 28 29 ~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. - 7 i 4 $ 6 7 8 9 I0 II 12 14 16 17 18 19 20 28 ~9 )o (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 - 8 - I 2 4 6 8 lO !1 12 16 17 18 26 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: - 9 - ! 4 ? 8 9 ]! 4829 {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 - 10- 1 2 4 7 10 11 12 14 I$ 17 20 21 22 ~6 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 - 11 - 48 -3 & I0 !! 12 14 16 I? J8 19 2: 22 24 25 28 29 ~,0 ~2 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. - 12 - I 4 $ 6 Ii 9 ~0 I,! 12 14 I$ ~6 19 ZO 2~, 24 2'5 26 2'7 29 :1,0 (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; - 13 - t/ 4823 1 4 6 ? 8 I0 Ii 12 14 16 18 .~0 2~ 2~ 2~ 26 (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 14 - I 2 6 ? 8 9 10 II 12 14 I$ 17 18 19 20 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~ - 15 - 4829 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 ]2 - 16 - 6 8 9 tO 12 14 IS 16 17 18 26 2'; 28 30 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 - 17 - ! 2 4 $ '7 9 lO 1,2 17 18 19 22 24 26 ~9 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. - 18 - 1 4 6 7 8 9 I0 ti 14 16 17 18 20 ]4 27 29 (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 - 19 - I 7 I0 11 15 17 20 27 4828 (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 - 20- ]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 - 21 - I 4 7 8 10 !1 12 J4 16 17 18 ?0 22 2) 24 28 ~o ~2 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 - 22 - ! 2 4 $ 6 ? 8 9 10 11 12 14 1'~ 16 17 18 26 30 ~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. 4 $ 6 9 I0 1! 13 14 16 I? 19 ."0 22 ~3 24 2~ 26 27 28 30 31 32 {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. - 24 - ! 4 $ ? 8 9 lo II 14 16 lB ~6 (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 -25- tO II 12 14 16 I? IS 19 ~0 22 24 26 28 )0 828 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 - 26 - • 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 _ - - : ; 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 . , 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 y J . . 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 ~ , . . }: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 3 a4 s . ` 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 ~ . ~ 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 •.i~ 1.~..~~~~~~. I,~~~:; ,c_~,,::~:, .~r,~: : ~~::::~:~i' CUI1111;;~~~~>T: (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.) ~ 7`. .......ti'.. i' . . • ' ....'i.......'r. . . ~ O:..... , .:Il:. ' ' . (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.