Planning Commission PKT 10-19-2016October 19, 2016
6:30 p.m.
City of Federal Way
PLANNING COMMISSION
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
October 5, 2016
4. AUDIENCE COMMENT
5. ADMINISTRATIVE REPORT
6. COMMISSION BUSINESS
• Study Session
Historical Preservation Program
7. ADDITIONAL BUSINESS
8. ADJOURN
Commissioners
Lawson Bronson, Chair
Tom Medhurst, Vice -Chair
Hope Elder
Wayne Carlson
Tim O'Neil
Sarady Long
Diana Noble - Gulliford
Anthony Murrietta, Alternate
KAPIanning Commission\2016Wgenda 10- 19- 16.doc
City Hall
Council Chambers
City Staff
Planning Manager
Margaret Clark, Principal Planner
E. Tina Piety, Administrative Assistant
253 -835 -2601
www.ciNO ederalway.com
CITY OF FEDERAL WAY
PLANNING COMMISSION
October 5, 2016 City Hall
6:30 p.m. City Council Chambers
MEETING MINUTES
Commissioners present: Lawson Bronson, Hope Elder, Sarady Long, Tim O'Neil, Wayne Carlson, Diana
Noble - Gulliford, and Anthony Murrietta. Commissioners absent: Tom Medhurst (excused). Deputy Mayor
Jeanne Burbidge. City Staff present: Acting Director Scott Sproul, Principal Planner Margaret Clark,
Community Services Manager Jeff Watson, Assistant City Attorney Ryan Call, and Administrative
Assistant Tina Piety.
CALL TO ORDER
Chair Bronson called the meeting to order at 6:30 p.m.
APPROVAL OF MINUTES
The minutes of July, 2016, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
None
COMMISSION BUSINESS
Briefing — Multi - Family Development Moratorium
Principal Planner Clark delivered the staff report. She introduced Community Services Manager Jeff
Watson, who will be delivering part of the report. She went over the background, potential actions (18 of
them), and potential impacts.. Community Services Manager Watson went over possible unintended
consequences that may be a result of the potential actions and to what extent the potential actions may be
counter to the affirmative fair housing act. Principal Planer Clark went over other potential impacts and
how the potential actions fit (or do not fit) within the King County Countywide Policies (CWPPs), Puget
Sound Regional Council (PSRC) Vision 2040, and Growth Management Act (GMA) goals and policies.
Commissioner O'Neil expressed concern that he didn't see his biggest concern addressed in this report,
namely traffic congestion. What degree is traffic taken into consideration when considering a new
project? Multi- family development is likely to generate a lot of traffic. Principal Planner asked that
Commissioner Long (who works for the city) respond to this concern. Commissioner Long stated that the
city verifies that there is adequate capacity for a development through the requirement of a traffic
concurrency report. Any project deemed inadequate, must mitigate the impact. Commission O'Neil
commented that it seems the city will have to have new roads in order to handle the additional units
needed to meet the city's capacity target.
KAPlanning Commission12016\Meeting Summary 10- 05- 16.doe
Planning Commission Minutes Page 2 October 5, 2016
Commissioner Elder is concerned that a large number of people are not able to afford rent. Many
landlords require a renter to have an income double that of the rent, which many people do not have.
Principal Planner Clark noted that according to the statistics, the city has a large need for very-low
income housing.
Commissioner Carlson asked in regards to capacity targets, does the city carry forward pervious growth
assumptions (possible made before the recession), or change them to reflect the current conditions.
Principal Planner Clark responded that while the city researched to prepare the updated comprehensive
plan, staff considered if the city had enough capacity to meet the target, which we do. Commissioner
Carlson suggested staff pursue both the proposed potential actions and the proposed legislative approach.
He commented that he does not believe that restricting the amount of units in a building will bring a
greater mix of market and low - income rate units. He feels going higher is a better solution because it
would be more expensive to construct and therefore, would encourage more of a mix.
Alternate Commissioner Murrietta stated the proposed action to require multi - family developments to
provide supportive social services (mental health, chemical dependency, etc.) to tenants gives a negative
connotation. Community Services Manager Watson replied that it is a negative connotation; however,
sadly the reality is that many people in low- income units have a need for these types of services.
Commissioner Long questioned who will enforce the requirement to have social services. Who will
determine who qualifies for counseling? It was stated that such services should be done by private
agencies, not the city. Community Services Manager Watson clarified some of the issues and further
discussion was held on this issue.
The Commission discussed traffic concurrency, the level -of- service for roads, and its impacts. It was
noted that a lot of our traffic comes from outside of the city and are just passing through. Commission
Long noted that the city does use the State Environmental Protection Act (SEPA) to mitigate possible
impacts from projects outside of the city.
Commissioner Noble - Gulliford stated she feels the proposed action to require maintenance plans for
developments and to adopt an inspection program to monitor the plans is a good idea. The city currently has
a number of apartment properties that are in poor shape. Acting Director Sproul commented that the city's
code compliance program does handle a number of issues in regards to multi - family developments. It was
noted the city's program is complaint driven, though they are developing a more pro- active approach. Chair
Bronson asked how could the city inspect properties without being too intrusive.
Commissioner Long asked if the city has design guidelines for multi - family developments. Principal
Planner Clark replied that we do; the proposed actions would go above our current guidelines.
Chair Bronson commented that for the proposed action to require a safety plan, a better word would be a
security plan. Staff agrees.
ADDITIONAL BUSINESS
Commissioner Carlson asked staff Stormwate permit
Principal Planner Clark responded that Planning and Public Works staff have recently met and have begun
to work on this issue.
ADJOURN
The meeting was adjourned at 8:00 p.m.
KAPlanning Commission\2016Weeting Summary 10- 05- 16.doc
CITY OF
Federal Way
PLANNING COMMISSION
STAFF REPORT
DATE: October 19, 2016
TO: Lawson Bronson, Planning Commission Chair
FROM: Scott Sproul, Acting Community Development Director
Dave Van De Weghe, Senior Planner
SUBJECT: Historic Preservation Ordinance Study Session
I. Introduction
The 2016 Planning Commission Work Program lists the following discretionary action; "Adopt
an ordinance establishing a historic preservation program and request certification as a Certified
Local Government."
Historic preservation is accomplished through the official designation of historic landmarks by
the city. The city must first formalize the landmark designation process by adopting an ordinance.
The ordinance must:
1. Identify a historic preservation commission.
2. Provide criteria for designating landmarks.
3. Outline the process for nominating landmarks.
4. Provide a review process for approving alterations to designated landmarks.
5. Establish a special tax valuation so that improvements to historic properties are exempt
from property tax.
The adoption of a Historic Preservation Ordinance is the first step toward Certified Local
Government status. This designation provides incentives for historic preservation through grants,
tax breaks and technical assistance from the state.
The City of Federal Way has two options:
1. Draft an historic preservation ordinance from scratch, appoint a local Landmarks
Commission and hire historic preservation staff to review landmark nominations, or
2. Partner with King County through an interlocal agreement to use the County's historic
preservation staff for landmark nomination review, appoint one local member to the
County's Landmarks Commission and adopt the County's ordinance by reference.
Staff requests Commission feedback on which of the two options to pursue. No formal action will
be taken at this meeting. Staff will present a draft Historic Preservation ordinance for adoption at
a future public hearing.
Page 1
ll. Background
Certified Local Government (CLG)
CLG status helps a local government encourage, develop, and maintain its local preservation
efforts in coordination with its development plans. Benefits of CLG status include the following:
• Special grants from the State Historic Preservation Officer
• Local historic preservation expertise recognized by State and Federal agencies
• Technical assistance and training from the State Historic Preservation Office
• Participation in nominations to the National Register of Historic Places
• National historic preservation assistance network: publications, professional assistance
• Information exchange with the State Historic Preservation Office
• Participation in statewide preservation programs and planning
The following responsibilities are required of a CLG:
• Maintain a historic preservation commission
• Survey local historic properties
• Enforce State or local preservation laws
• Provide for public participation
• Other functions delegated or required by the State
III. Interlocal Agreement with King County
The following municipalities have signed interlocal agreements with King County for historic
preservation services:
• Auburn
• Black Diamond
• Carnation
• Des Moines
• Issaquah
• Kenmore
• Kirkland
• Maple Valley
• Newcastle
• North Bend
• Redmond
• Shoreline
• Skykomish
• Snoqualmie
• Woodinville
The above - listed cities have adopted the King County Landmark Designation ordinance by
reference, thereby avoiding the expense of commissioning their own local ordinance. They have
also signed an interlocal agreement that designates King County's Landmark Designation
Page 2
Commission as their local authority and agreed to use King County historic preservation staff to
review landmark designation applications, reimbursing the County for staff time at a specified
hourly rate.
King County Historic Preservation Services:
• Designation and protection of significant historic and cultural properties
• Preparing nomination applications
• Conducting survey and inventory projects
• Maintaining inventory data
• Developing and implementing design guidelines
• Assisting with preservation planning
King County Ordinance - Historic Landmark Criteria
• Can be a building, structure, site, district or object
• Formally designated by the King County Landmarks Commission (KCLC)
• Protected by design review process
• Eligible for certain incentives
• Currently 63 landmarks and three districts
Incentives through King County Landmark Designation
• Current use taxation for historic properties
• Special valuation tax program
• Low interest loans
• Brick and mortar grants
• Special consideration under the building code
• Historic plaques
• Technical assistance
King County Landmark Designation Process
• Anyone may nominate an historic property
• A standard registration form must be completed
• Public hearing scheduled to consider the nomination
• Commission takes public testimony
• A designation report issued approving or rejecting the nomination
• If designated, design controls go into effect immediately
• Owner is eligible to apply for incentive programs
• Designation takes approximately 90 days
• There are no fees for nominating a landmark
King County Ordinance - Landmark Designation Criteria
Must be more than 40 years old and have integrity of:
• location
• design
• setting
Page 3
• materials
• workmanship
• feeling
• association
Also eligible:
• associated with events that reflect broad patterns of national, state, or local history
• associated with the lives of significant people
• embody characteristics of a type, period, style or method of construction
• may yield information important in prehistory or history
• outstanding work of a significant designer or builder
In general, these properties are not eligible:
• birthplaces or graves of historical figures
• religious properties
• relocated structures
• reconstructed historic buildings
• commemorative properties
• less than 40 years old
King County Special Tax Valuation
• Incentive to encourage rehabilitation of historic property.
• During 10 -year "special valuation' period, property taxes will not reflect increased value due
to improvements.
King County historic cemetery initiative is also available to partner cities.
Interlocal Agreement - City Responsibilities
• Sign the interlocal agreement
• Adopt an ordinance establishing regulations and procedures
• Appoint a Special Commissioner
• Reimburse the county for services
Interlocal Agreement - King County Responsibilities
• Sign the interlocal agreement
• Process all landmark nominations and certificates of appropriateness (COA)
• Review and comment on applications for permits which affect historic resources
• Bill the city
Interlocal Agreement - Special Commissioner Responsibilities
• Sit with King County Landmarks Commission on all nominations and COAs
• Participate in design review process
• Advocate for preservation activities
Page 4
Interlocal Agreement - Staff Responsibilities
• Explain process and programs to potential applicants
• Communicate with King County HPP on all potential projects, nominations, or land use
applications
• Provide input on technical reviews
King County Certificates of Appropriateness (COAs) Review
• Three types of COAs
• Type I: New materials match existing
o Type II: Alteration in appearance
• Type III: Demolition or relocation
• Monthly review for half; others approved over the counter
• Initial design review
• Final approval by commission
• 95 percent are approved
IV. Independent Historic Preservation Option
If the City of Federal Way chooses not to partner with King County, then the following
responsibilities will fall to the city.
1. Draft an Historic Preservation ordinance.
The Washington Department of Architecture and Historic Preservation has provided a model
ordinance (attached) the city could use as the template for a local ordinance. The city would
have some leeway in custom - tailoring the ordinance.
2. Form a Landmark Designation Committee
The city must appoint five to 15 local experts (historians, architects, archeologists, etc.) to
serve on the committee, who will meet as needed to rule on Landmark Designation and
Certificate of Appropriateness applications.
3. Process Landmark Nominations
City staff would be responsible for processing nominations. In most cases, historic
preservation specialists would be needed to evaluate nominations and the city would be
responsible for hiring either staff or consultants.
4. Review Certificate of Appropriateness Applications
Historic preservation specialists would be needed to review building permit applications for
designated landmarks. They would make recommendations to the Committee to approve or
disapprove building additions, general remodeling, demolitions and other alterations to
historic properties.
5. Inventory of Historic Landmarks
The city would be responsible for identifying historic landmarks through an inventory,
without the assistance or resources of King County.
Page 5
V. Planning Commission Next Steps
Staff will consider the input of the Planning Commission during the study session and bring back
a proposed code for your consideration at a public hearing.
Attachments:
Sample King County Landmark Designation Interlocal Agreement
King County Landmark Designation Ordinance
Model Historic Preservation Ordinance from the Washington Department of Architecture and Historic Preservation
Page 6
.cRtetks Nar � D
CClty Chic:
INTERLOCAL AGREEMENT FOR LANDMARK SERVICES
AN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF MAPLE
VALLEY RELATING TO LANDMARK DESIGNATION AND PROTECTION
SERVICES
THIS IS AN AGREEMENT between King County, a home rule charter county
and a political subdivision of the State of Washington, hereinafter referred to as the
"County," and the City of Maple Valley, a municipal corporation of the State of
Washington, hereinafter referred to as the "City ".
WHEREAS, the City is incorporated; and
WHEREAS, local governmental authority and jurisdiction with respect to the
designation and protection of landmarks within the city limits resides with the City; and
WHEREAS, the City desires to protect and preserve the historic buildings,
structures, districts, sites, objects, and archaeological sites within the city for the benefit
of present and future generations; and
WHEREAS, the County is able to provide landmark designation and protection
services for the City; and
WHEREAS, the City has elected to contract with the County to provide such
services; and
WHEREAS, it is in the public interest that the jurisdictions cooperate to provide
efficient landmark designation and protection; and
WHEREAS, pursuant to R.C.W. 39.34, the Interlocal Cooperation Act, the parties
are each authorized to enter into an agreement for cooperative action;
NOW THEREFORE, the County and the City hereby agree,
1. Services. At the request of the City, the County shall provide landmark designation
and protection services using the criteria and procedures adopted in King County
Ordinance 10474, King County Code (K.C.C.), Chapter 20.62 within the City limits.
2. CU's 's Responsibilities.
A. Adopt an ordinance establishing regulations and procedures for the
designation of historic buildings, structures, objects, districts, sites, objects,
and archaeological sites as landmarks and for the protection of landmarks.
Regulations and procedures shall be substantially the same as the regulations
and procedures set forth in K.C.C. Chapter 20.62. The ordinance shall provide
that the King County Landmarks Commission, with the addition of a special
member, acting as the City of Maple Valley Landmarks Commission
(Commission) shall have the authority to designate and protect landmarks
within the City limits in accordance with the City ordinance. The ordinance
shall include:
1) Provision for the appointment of a special member to the King County
Landmarks Commission as provided by K.C.C. Chapter 20.62.030.
2) A provision that appeals of decisions of the Commission pertaining to real
property within the City limits shall be taken to the city council.
3) A provision for penalties for violation of the certificate of appropriateness
procedures (K.C.C. Chapter 20.62.080).
4) , A provision that the official responsible for the issuance of building and
related permits shall promptly refer applications for permits which affect
historic buildings, structures, objects, sites, districts, or archaeological sites
to the King County Historic Preservation Officer (HPO) for review and
comment. The responsible official shall seek and take into consideration
the comments of the HPO regarding mitigation of any adverse effects
affecting historic buildings, structures, objects, sites or districts.
B. Appoint a Special Member to the King County Landmarks Commission in
accordance with the ordinance adopted by the City. Pursuant to K.C.C.
Chapter 20.62 such Special Member shall be a voting member of the
Commission on all matters relating to or affecting landmarks within the City,
except review of applications to the Special Valuation Tax Program, and the
Current Use Taxation Program.
C. Except as to Section 5, the services provided by the County pursuant to this
agreement do not include legal services.
3. County Responsibilities.
A. Process all landmark nomination applications and conduct planning, training,
and public information tasks necessary to support landmarking activities in
the city. Such tasks shall be defined by mutual agreement of both parties on
an annual basis.
B. Review and decide all Certificate of Appropriateness applications to alter,
demolish, or move any significant feature of a landmark property within the
City limits.
C. Act as the "Local Review Board" for the purposes related to Chapter 221., 1986
Laws of Washington, (R.C.W. 84.26 and WAC 254.20) for the special valuation
of historic properties within the city limits.
D. Review and approve all applications to the King County Landmark Loan
Program.
E. Review and comment on applications for permits which affect historic
buildings, structures, objects, sites, districts, and archaeological sites. Forward
comments to the city official responsible for the issuance of building and
related permits
4. Compensation.
A. Costs. The City shall reimburse the County fully for all costs incurred in
providing services under this contract, including overhead and indirect
administrative costs. Costs charged to the City may be reduced by special
appropriations, grants, or other supplemental funds, by mutual agreement of
both parties. The rate of reimbursement to the County for labor costs shall be
revised annually. Addendum A contains 2004 labor costs.
B. Billing. The County shall bill the City quarterly. The quarterly bill shall
reflect actual costs plus the annual administrative overhead rate. Payments
are due within 30 days of receipt by the City of the County's invoice.
5. Indemnification.
A. The County shall indemnify and hold harmless the City and its officers,
agents and employees or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, by
reason or arising out of any negligent act or omission of the County, its
officers, agents, and employees, or any of them, in providing services
pursuant to this agreement. In the event that any suit based upon such a
claim, action, loss, or damage is brought against the City, the County shall
defend the same at its sole cost and expense; provided, that the City retains
the right to participate in said suit if any principle of governmental or public
law is involved; and if final judgment be rendered against the City and its
officers, agents, employees, or any of them, or jointly against the City and the
County and their respective officers, agents and employees, or any of them,
the County shall satisfy the same.
B. In executing this agreement, the County does not assume liability or
responsibility for or in any way release the City from any liability or
responsibility which arises in whole or in part from the existence or effect of
City ordinances, rules or regulations, polices or procedures. If any cause,
claim, suit, actions or administrative proceeding is commenced in the
enforceability and /or validity or any City ordinance, rule or regulation is at
issue, the City shall defend the same at its sole expense and if judgment is
entered or damages are awarded against the City, the County, or both, the
City shall satisfy the same, including all chargeable costs and attorneys` fees.
C. The City shall indemnify and hold harmless the County and its officers,
agents, and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, by
reason of or arising out of any negligent act or omission of the City, its
officers, agents, and employees, or any of them. In the event that any suit
based upon such a claim, action, loss or damage is brought against the
County, the City shall defend the same at its sole cost and expense; provided
that the County retains the right to participate in said suit if any principle of
governmental or public laws is involved; and if final judgment be rendered
against the County, and its officers, agents, and employees, or any of them,
the City shall satisfy the same.
D. The City and the County acknowledge and agree that if such claims, actions,
suits, liability, loss, costs, expenses and damages are caused by or result from
the concurrent negligence of the City, its agents, employees, and /or officers
and the County, its agents, employees, and /or officers, this Article shall be
valid and enforceable only to the extent of the negligence of each party, its
agents, employees and /or officers.
4
6. Duration. This agreement is effective beginning upon execution, and shall remain in
effect until terminated by either party.
7. Termination. Either party may terminate this agreement by forty -five (45) days
written notice from one party to the other.
8. Administration. This agreement shall be administered for the County by the
Director of the Office of Business Relations and Economic Development, or the
director's designee, and for the City by the City Manager or the manager's designee.
9. Amendments. This Agreement may be amended at any time by mutual agreement of
the parties.
IN WITNESS WHEREOF, the parties have executed this agreement this E; 4f, day of
;wBJsf , 2004.
CITY OF MAPLE VALLEY
By
Title: G cy;j (rsrr
KING COUN �I
By
g Ex
County e utive
Appr"d as to form:
By:
King County Prosecutor
Interlocal Contract for Historic Preservation Services
Addendum A: King County Labor Costs
The following hourly rates for County - provided historic preservation services
apply for 2004. The hourly figure incorporates wages, benefits, and overhead as
set in the indirect cost rate plan for the Office of Business Relations and
Economic Development, Historic Preservation Program. The figure is adjusted
to account for vacation, sick leave, and holidays and thus reflects actual working
hours.
Historic Preservation Officer: $68,82 /hour
Preservation Planner I1: $64.55/ hour
Landmarks Coordinator: $59.89/ hour
Preservation Planner I: $54.14 /hour
Chapter 20.62
PROTECTION AND PRESERVATION OF LANDMARKS,
LANDMARK SITES AND DISTRICTS
Sections:
20.62.010 Findings and declaration of purpose.
20.62.020 Definitions.
20.62.030 Landmarks commission created - membership and organization.
20.62.040 Designation criteria.
20.62.050 Nomination procedure.
20.62.070 Designation procedure.
20.62.080 Certificate of appropriateness procedure.
20.62. 100 Evaluation of economic impact.
20.62.110 Appeal procedure.
20.62.120 Funding.
20.62.130 Penalty for violation of Section 20.62.080.
20.62.140 Special valuation for historic properties.
20.62.150 Historic Resources - review process.
20.62.160 Administrative rules.
20.62.200 Severability.
20.62.010 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, and the collection, preservation, exhibition and interpretation of historic and
prehistoric materials, artifacts, records and information pertaining to historic preservation and
archaeological resource management are necessary in the interest of the prosperity, civic pride and general
welfare of the people of King County.
B. Such cultural and historic resources are a significant part of the heritage, education and
economic base of King County, and the economic, cultural and aesthetic well -being of the county cannot be
maintained or enhanced by disregarding its heritage and by allowing the unnecessary destruction or
defacement of such resources.
C. Present heritage and preservation programs and activities are inadequate for insuring present
and future generations of King County residents and visitors a 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 of landmarks;
4. Protect and enhance the county's tourist industry by promoting heritage- related tourism;
5. Promote the continued use, exhibition and interpretation of significant historical or
archaeological sites, districts, buildings, structures, objects, artifacts, materials and records for the
education, inspiration and welfare of the people of King County;
6. Promote and continue incentives for ownership and utilization of landmarks;
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, encourage and provide technical assistance to public agencies, public and private
museums, archives and historic preservation associations and other organizations involved in historic
preservation and archaeological resource management; and
9. Work cooperatively with all local jurisdictions to identify, evaluate, and protect historic
resources in furtherance of the purposes of this chapter. (Ord. 14482 § 68, 2002: Ord. 10474 § 1, 1992:
Ord. 4828 §
1, 1980).
20.62.020 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.
B. "Building" is a structure created to shelter any form of human activity, such as a house, barn,
church, hotel or similar structure. Building may refer to an historically related complex, such as a
courthouse and jail or a house and barn.
C. "Certificate of appropriateness" is written authorization issued by the commission or its
designee permitting an alteration to a significant feature of a designated landmark.
D. "Commission" is the landmarks commission created by this chapter.
E. "Community landmark" is an historic resource which has been designated pursuant to K.C.C.
20.62.040 but which may be altered or changed without application for or approval of a certificate of
appropriateness.
F. "Designation" is the act of the commission determining that an historic resource meets the
criteria established by this chapter.
G. "Designation report" is a report issued by the commission after a public hearing setting forth its
determination to designate a landmark and specifying the significant feature or features thereof.
H. "Director" is the director of the King County department of development and environmental
services or his or her designee.
I. "District" is a geographically definable area, urban or rural, possessing a significant
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
geographically but linked by association or history.
J. "Heritage" is a discipline relating to historic preservation and archaeology, history, ethnic
history, traditional cultures and folklore.
K. "Historic preservation officer" is the King County historic preservation officer or his or her
designee.
L. "Historic resource" is a district, site, building, structure or object significant in national, state or
local history, architecture, archaeology, and culture.
M. "Historic resource inventory" is an organized compilation of information on historic resources
considered to be significant according to the criteria listed in K.C.C. 20.62.040A. The historic resource
inventory is kept on file by the historic preservation officer and is updated from time to time to include
newly eligible resources and to reflect changes to resources.
N. "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 or owners of designated landmarks.
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.
O. "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.
P. "Landmark" is an historic resource designated as a landmark pursuant to K.C.C. 20.62.060.
Q. "Nomination" is a proposal that an historic resource be designated a landmark.
R. "Object" is a material thing of functional, aesthetic, cultural, historical, or scientific value that
may be, by nature or design, movable yet related to a specific setting or environment.
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 historic resource. Where the owner is a public
agency or government, that agency shall specify the person or persons to receive notices under this chapter.
T. "Person" is any individual, partnership, corporation, group or association.
U. "Person in charge" is the person or persons in possession of a landmark 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 the landmark.
V. 'Preliminary determination" is a decision of the commission determining that an historic
resource which has been nominated for designation is of significant value and is likely to satisfy the criteria
for designation.
W. "Significant feature" is any element of a landmark which the commission has designated
pursuant to this chapter as of importance to the historic, architectural or archaeological value of the
landmark.
X. "Site" is the location of a significant event, a prehistoric or historic occupation or activity, or a
building or structure, whether standing, ruined, or vanished, where the location itself maintains an historical
or archaeological value regardless of the value of any existing structures.
Y. "Structure" is any functional construction made usually for purposes other than creating human
shelter. (Ord. 14482 69, 2002: Ord. 11620 § 13, 1994: Ord. 10474 § 2, 1992: Ord. 4828 § 2,
1980).
20.62.030 Landmarks commission created - membership and organization.
A. There is created the King County landmarks commission which shall consist of nine regular
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, planning, cultural
anthropology, archaeology, cultural geography, landscape architecture, American studies, law, or other
historic preservation related disciplines. The nine regular members of the commission shall be appointed by
the county executive, subject to confirmation by the council, provided that no more than four members
shall reside within any one municipal jurisdiction. All regular members shall have a demonstrated interest
and competence in historic preservation.
2. The county executive may solicit nominations for persons to serve as regular members of the
commission from the Association of King County Historical Organizations, 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 historic preservation.
3. One special member shall be appointed from each municipality within King County which has
entered into an interlocal agreement with King County providing for the designation by the commission of
landmarks within such municipality in accordance with the terms of such interlocal agreement and this
chapter. Each such appointment shall be in accordance with the enabling ordinance adopted by such
municipality.
B. Appointments of regular members, except as provided in subsection C of this section, shall be
made for a three -year term. Each regular member shall serve until his or her successor is duly appointed
and confirmed. Appointments shall be effective on June 1 st 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 serve 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 programs.
C. After May 4, 1992, the term of office of members becomes effective on the date the council
confirms the appointment of commission members and the 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 in subsection B of this section an appointment for
a one -or a two -year term shall be deemed an appointment for an unexpired term.
D. The chair shall be a member of the commission and shall be elected annually by the regular
commission members. The commission shall adopt, in accordance with 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. The commission shall not conduct any
public hearing required under this chapter until rules and regulations have been filed as required by K.C.C.
chapter 2.98.
E. A special member of the commission shall be a voting member solely on matters before the
commission involving 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 designation or control of landmarks within the municipality from which such
special member was appointed. All official actions of the commission shall require a majority vote of the
members present and eligible to vote on the action voted upon. 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 delegated to it by the commission.
H. The county executive shall provide staff support to the commission and shall assign a
professionally qualified county employee to serve as a full -time historic preservation officer. 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 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 days before the scheduled monthly meeting,
the chair 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. The proceedings may also be recorded by a court reporter if any interested person
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 of a hearing shall be furnished to any person upon request and payment of the
reasonable expense of the copy.
K. The commission is authorized, subject to the availability of funds for that purpose, to expend
moneys 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 the technical assistance imposes an unreasonable financial hardship on the property owner.
L. Commission records, maps or other information identifying the location of archaeological sites
and potential sites shall be exempt from public disclosure as specified in RCW 42.17.3 10 in order to avoid
looting and depredation of the sites. (Ord. 14482 § 70, 2002: Ord. 10474 § 3, 1992: Ord. 10371 § 1, 1992:
Ord. 4828 § 3, 1980).
20.62.040 Designation criteria.
A. An historic resource may be designated as a King County landmark 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 prehistory or history; or
5. Is an outstanding work of a designer or builder who has made a substantial contribution to the
art.
B. An historic resource may be designated a community landmark because 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 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 original locations,
reconstructed historic buildings, properties primarily commemorative in nature, and properties that have
achieved significance within the past forty years shall not be considered eligible for designation. However,
such a property shall be eligible for designation if they are:
1. An integral part of districts that meet the criteria set out in 20.62.040A or if it is:
2. A religious property deriving primary significance from architectural or artistic distinction or
historical importance; or
3. 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 importantly associated with a historic person
or event; or
4. A birthplace, grave or residence of a historical figure of outstanding importance if there is no
other appropriate site or building directly associated with his or her productive life; or
5. A cemetery that derives its primary significance from graves of persons of transcendent
importance, from age, from distinctive design features, or from association with historic events; or
6. A reconstructed building when accurately executed in a suitable environment and presented in a
dignified manner or as part of a restoration master plan, and when no other building or structure with the
same association has survived; or
7. A property commemorative in intent if design, age, tradition, or symbolic value has invested it
with its own historical significance; or
8. A property achieving significance within the past forty years if it is of exceptional importance.
(Ord. 10474 § 4, 1992: Ord. 4828 § 4, 1980).
20.62.050 Nomination procedure.
A, Any person, including the historic preservation officer and any member of the commission,
may nominate an historic resource for designation as a landmark or community landmark. The procedures
set forth in Sections 20.62.050 and 20.62.080 may be used to amend existing designations 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 historic resource as a landmark shall
constitute nomination or designation of the land which is occupied by the historic resource unless the
nomination provides otherwise. Nominations shall be made on official nomination forms provided by the
historic preservation officer, shall be filed with the historic preservation officer, and shall include all data
required by the commission.
B. Upon receipt by the historic preservation officer of any nomination for designation, the officer
shall review the nomination, consult 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. 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 consideration by
the commission. The historic preservation officer may assume responsibility for gathering the required
information or appoint an expert or experts to carry out this research in the interest of expediting 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 preliminary or a designation
determination on the nomination will be made by the commission. The notice shall include:
1. The date, time, and place of hearing;
2. 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 preliminary 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 changed 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 made at such hearing and that no
further right to present evidence on the issue of preliminary determination or designation is afforded
pursuant to this chapter.
D. The historic preservation officer shall, after mailing 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 thirty nor more than forty five
calendar days after notice setting the hearing date has been mailed except where the historic preservation
officer or members of the commission have reason to believe that immediate action is necessary to prevent
destruction, demolition or defacing of an historic resource, in which case the notice setting the hearing shall
so state. (Ord. 10474 § 5, 1992: Ord. 4828 § 5, 1980).
20.62.070 Designation procedure.
A. The commission may approve, deny, amend or terminate the designation of a 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 whether the historic resource
meets the criteria for designation of landmarks or community landmarks as specified in K.C.C. 20.62.040
and merits designation as a landmark or community landmark; and the significant features of the landmark.
The hearing may be continued from time to time at the discretion of the commission. If the hearing is
continued, the commission may make a preliminary determination of significance if the commission
determines, based on the record before it that the historic resource is of significant value and likely to
satisfy the criteria for designation in K.C.C. 20.62.040. The preliminary determination shall be effective as
of the date of the public hearing 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 working days after the
commission has made a preliminary determination, the historic preservation officer shall file a written
notice of the action with the director and mail copies of the notice, certified mail, return receipt requested,
to the owner, the person submitting the nomination and interested persons of record.
The notice shall include:
1. A copy of the commission's preliminary determination; and
2. A statement that while proceedings pursuant to this chapter are pending, or six months from the
date of the notice, whichever is shorter, and thereafter if the designation is approved by the commission, the
certificate of appropriateness procedures in K.C.C. 20.62.080, a copy of which shall be enclosed, shall
apply to the described historic resource whether or not a building or other permit is required. The decision
of the commission shall be made after the close of the public hearing or at the next regularly scheduled
public meeting of the commission thereafter.
B. Whenever the commission approves the designation of a historic resource under consideration
for designation as a landmark, 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 resource and such other description of the resource sufficient
to identify its ownership and location;
2. The significant features and such other information concerning the historic resource as the
commission deems appropriate;
3. Findings of fact and reasons supporting the designation with specific reference to the criteria for
designation in K.C.C. 20.62.040; and
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 in
accordance with K.C.C. 20.62.080, a copy of which shall be included in the designation report. This
subsection B.4. shall not apply to historic resources designated as community landmarks.
C. Whenever the commission rejects the nomination of a historic resource under consideration for
designation as a landmark, it shall, within fourteen calendar days of the public meeting at which the
decision is made, issue a written decision including findings of fact and reasons supporting its
determination that the criteria in K.C.C. 20.62.040 have not been met. If a historic resource has been
nominated as a landmark and the commission designates the historic resource as a community landmark,
the designation shall be treated as a rejection of the nomination for King County landmark status and the
foregoing requirement for a written decision shall apply. Nothing contained herein shall prevent
renominating 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 director within five working days
after it is issued. If the commission rejects the nomination and it has made a preliminary determination of
significance with respect to the nomination, it shall include in the notice to the director a statement that
K.C.C. 20.62.080 no longer applies to the subject historic resources.
E. If the commission approves, or amends a landmark designation, K.C.C. 20.62.080 shall apply
as approved or amended. A copy of the commission's designation report or designation amendment shall be
recorded with the records, elections and licensing services division, or its successor agency, together with a
legal description of the designated resource and notification that K.C.C. 20.62.080 and 20.62.130 apply. If
the commission terminates the designation of a historic resource, K.C.C. 20.62.080 shall no longer apply to
the historic resource. (Ord. 14482 § 71, 2002: Ord. 14176 § 4, 2001: Ord. 11620 § 14, 1994: Ord. 10474 §
6, 1992: Ord. 4828 § 7, 1980).
20.62.080 Certificate of appropriateness procedure.
A. At any time after a designation report and notice has been filed with the director 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 director, a certificate of appropriateness must be obtained from the commission
before any alterations may be made to the significant features of the landmark identified in the preliminary
determination report or thereafter in the designation report. The designation report shall supersede the
preliminary determination report. This requirement shall apply whether or not the proposed alteration also
requires a building or other permit. The requirements of this section shall not apply to any 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. Repairs to or replacement
of utility systems do not require a certificate of appropriateness provided that such work does not alter an
exterior significant feature.
C. There shall be three types of certificates of appropriateness, as follows:
1. Type I, 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 applications 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.
Type II and III certificates of appropriateness shall be decided by the commission and the
following general procedures shall apply to such commission actions:
1. Application for a certificate of appropriateness shall be made by filing an application for such
certificate with the historic preservation officer on forms provided by the commission.
2. If an application is made to the director for a permit for any action which affects a landmark, the
director shall promptly refer such application to the historic preservation officer, and such application shall
be deemed an application for a certificate of appropriateness if accompanied by the additional information
required to apply for such certificate. The director may continue to process such permit application, but
shall not issue any such permit until the time has expired for filing with the director the notice of denial of a
certificate of appropriateness or a certificate of appropriateness has been issued pursuant to this chapter.
3. After the commission has commenced proceedings for the consideration of any application for a
certificate of appropriateness by giving notice of a hearing pursuant to subsection 3 of this section, no other
application for the same or a similar alteration may be made until such proceedings and all administrative
appeals therefrom pursuant to this chapter have been concluded.
4. Within forty five calendar days after the filing of an application for a certificate of
appropriateness with the commission or the referral of an application to the commission by the director
except those decided administratively by the historic preservation officer 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 thereof. This agreement shall be
ratified by the commission in a public meeting and reflected in the commission meeting minutes. If the
commission grants a certificate of appropriateness, such certificate shall be issued forthwith and the historic
preservation officer shall promptly file a copy of such certificate with the director.
5. If the commission denies the application for a certificate of appropriateness, in whole or in part,
it shall so notify the owner, the person submitting the application and interested persons of record setting
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 required to carry out the intent of this section. (Ord. 11620 § 15, 1994: Ord. 10474 § 7,
1992: Ord. 4828 § 8, 1980).
20.62.100 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, when it is
established that the denial or partial denial will, when available incentives are utilized, 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 specified in the preliminary determination report or the
designation report.
B. To prove the existence of a condition of unreasonable economic return, the applicant must
establish and the commission must find, both of the following:
1. The landmark is incapable of earning a reasonable economic return without making the
alterations proposed. This finding shall be made by considering and the applicant shall submit to the
commission evidence establishing each of the following factors:
a. The current level of economic return on the landmark as considered in relation to the following:
(1) 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
landmark was purchased;
(2) The annual gross and net income, if any, from the landmark for the previous five (5) years;
itemized operating and maintenance expenses for the previous five (5) years; and depreciation deduction
and annual cash flow before and after debt service, if any, during the same period;
(3) The remaining balance on any mortgage or other financing secured by the landmark and
annual debt service, if any, during the prior five (5) years;
(4) Real estate taxes for the previous four (4) years and assessed value of the landmark according
to the two (2) most recent assessed valuations;
(5) All 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 designation and the fair market
value of the landmark (in its protected status as a designated landmark) at the time the application is filed;
(7) Form of ownership or operation of the landmark, whether sole proprietorship, for profit or not-
for- profit corporation, limited partnership, joint venture, or both;
(8) Any state or federal income tax returns on or relating 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, including testimony and relevant
documents shall be submitted by the property owner. The following also shall be considered:
(1) Any real estate broker or firm engaged to sell or lease the landmark;
(2) Reasonableness of the price or lease sought by the owner;
(3) Any advertisements placed for the sale or lease of the landmark.
c. The unfeasibility of alternative uses that can earn a reasonable economic return for the landmark
as considered in relation to the following:
(1) A report from a licensed engineer 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 concerning 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, appraiser or other real estate professional experienced in historic restoration or rehabilitation as
to the economic feasibility of rehabilitation or reuse of the existing landmark;
(5) The unfeasibility of new construction around, above, or below the historic resource.
d. Potential economic incentives and/or funding available to the owner through federal, state,
county, city or private programs.
2. The owner has the present intent and the secured financial ability, demonstrated by appropriate
documentary evidence to complete the alteration.
C. Notwithstanding the foregoing enumerated factors, the property owner may demonstrate other
appropriate factors applicable to economic return.
D. Upon reasonable notice to the owner, the commission may appoint an expert or experts to
provide advice and/or testimony concerning the value of the landmark, the availability of incentives and the
economic impacts of approval, denial or partial denial of a certificate of appropriateness.
E. Any adverse economic impact caused intentionally or by willful neglect shall not constitute a
basis for granting a certificate of appropriateness. (Ord. 10474 § 8, 1992: Ord. 4828 § 10, 1980).
20.62.110 Appeal 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 of notice of such designation or rejection of nomination, or of such issuance or
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 for the appeal, supporting documents, and
argument.
B. If, after examination of the written appeal and the record, the council 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 council's decision shall be based solely upon the record, provided that, the council may at
its discretion publicly request additional information of the appellant, the commission or the historic
preservation officer.
D. 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 conclusions.
E. The action of the council sustaining, reversing, modifying or remanding a decision of the
commission 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 § 9, 1992: Ord. 4828 § 11, 1980).
20.62.120 Funding.
A. The commission shall have the power to make and administer grants of funds received by it
from private sources and from local, state and federal programs for purposes of
1. Maintaining, purchasing or restoring historic resources located within King County which it
deems significant pursuant to the goals, objectives and criteria set forth in this chapter if such historic
resources have been nominated or designated as landmarks pursuant to this chapter or have been designated
as landmarks by municipalities within King County or by the State of Washington, or are listed on the
National Historic Landmarks Register, the National Register of Historic Places; and
2. Developing and conducting programs relating to historic preservation and archaeological
resource management. The commission shall establish rules and regulations consistent with K.C.C. chapter
2.98 governing procedures for applying for and awarding of grant moneys pursuant to this section.
B. The commission may, at the request of the historic preservation officer, review proposals
submitted by county agencies to fund historic preservation and archaeological projects through the Housing
and Community Development Act of 1974 (42 U.S.C. Secs. 5301 et seq.), the State and Local Fiscal
Assistance Act of 1972 (31 U.S.C. Secs. 1221 et seq.) and other applicable local, state and federal funding
programs. Upon review of such grant proposals, the commission may make recommendations to the county
executive and county council 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 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. (Ord
14482 § 72, 2002: Ord. 10474 § 10, 1992: Ord. 4828 § 12, 1980).
20.62.130 Penalty for violation of Section 20.62.080. 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 fled in any court challenging the validity of the provision or provisions of
this chapter, as to which such violations or failure to comply is charged. (Ord. 4828 § 13, 1980).
20.62.140 Special valuation for historic properties.
A. There is hereby established and implemented a special valuation for historic properties as
provided in chapter 84.26 RCW.
B. The King County landmarks commission is hereby designated as the local review board for the
purposes related to chapter 84.26 RCW, and is authorized to perform all functions required by chapter
84.16RCW and chapter 254 -20 WAC.
C. All King County landmarks designated and protected under this chapter shall be eligible for
special valuation in accordance with chapter 84.26 RCW. (Ord. 14482 § 73, 2002: Ord. 10474 § 12,1992:
Ord. 9237 §§ 1 -3 , 1989).
20.62.150 Historic Resources - review process.
A. King County shall not approve any development proposal or otherwise issue any authorization
to alter, demolish, or relocate any historic resource identified in the King County Historic Resource
Inventory, pursuant to the requirements of this chapter. The standards contained in K. C. C. 21 A. 12,
Development Standards - Density and Dimensions and K.C.C. 21A.16, Development Standards -
Landscaping and Water Use shall be expanded, when necessary, to preserve the aesthetic, visual and
historic integrity of the historic resource from the impacts of development on adjacent properties.
B. Upon receipt of an application for a development proposal located on or adjacent to a historic
resource listed in the King County Historic Resource Inventory, the director shall follow the following
procedure:
1. The development proposal application shall be circulated to the King County historic
preservation officer for comment on the impact of the project on historic resources and for recommendation
on mitigation. This includes all permits for alterations to historic buildings, alteration to landscape
elements, new construction on the same or abutting lots, or any other action requiring a permit which might
affect the historic character of the resource. Information required for a complete permit application to be
circulated to the historic preservation officer shall include:
a. a vicinity map;
b. a site plan showing the location of all buildings, structures, and landscape features;
c. a brief description of the proposed project together with architectural drawings showing the
existing condition of all buildings, structures, landscape features and any proposed alteration to them;
d. photographs of all buildings, structures, or landscape features on the site; and
e. an environmental checklist, except where categorically exempt under King County SEPA
guidelines.
2. Upon request, the historic preservation officer shall provide information about available grant
assistance and tax incentives for historic preservation. The officer may also provide the owner, developer,
or other interested party with examples of comparable projects where historic resources have been restored
or rehabilitated.
3. In the event of a conflict between the development proposal and preservation of an historic
resource, the historic preservation officer shall:
a. suggest appropriate alternatives to the owner /developer which achieve the goals of historic
preservation.
b. recommend approval, or approval with conditions to the director of the department of
development and environmental services; or
c. propose that a resource be nominated for county landmark designation according to procedures
established in the landmarks preservation ordinance (K.C.C. 20.62).
4. The director may continue to process the development proposal application, but shall not issue
any development permits or issue a SEPA threshold determination until receiving a recommendation from
the historic preservation officer. In no event shall review of the proposal by the historic preservation officer
delay permit processing beyond any period required by law. Permit applications for changes to landmark
properties shall not be considered complete unless accompanied by a certificate of appropriateness pursuant
to K.C.C. 20.62.080.
5. On known archaeological sites, before any disturbance of the site, including, but not limited to
test boring, site clearing, construction, grading or revegetation, the State Office of Archaeology and
Historic Preservation (OAIIP), and the King County historic preservation officer, and appropriate Native
American tribal organizations must be notified and state permits obtained, if required by law. The officer
may require that a professional archaeological survey be conducted to identify site boundaries, resources
and mitigation alternatives prior to any site disturbance and that a technical report be provided to the
officer, OAHP and appropriate tribal organizations. The officer may approve, disapprove or require permits
conditions, including professional archeological surveys, to mitigate adverse impacts to known
archeological sites.
C. Upon receipt of an application for a development proposal which affects a King County
landmark or an historic resource that has received a preliminary determination of significance as defined by
K.C.C. 20.62.020V, the application circulated to the King County historic preservation officer shall be
deemed an application for a certificate of appropriateness pursuant to K.C.C. 20.62.080 if accompanied by
the additional information required to apply for such certificate. (Ord. 11620 § 12, 1994).
20.62.160 Administrative rules. The director may promulgate administrative rules and
regulations pursuant to K.C.C. 2.98, to implement the provisions and requirements of this chapter. (Ord.
11620 § 16,
1994).
20.62.200 Severability. If any provision of this chapter or its application to any person or
circumstance is held invalid, the remainder of the chapter or the application of the provision to other
persons or circumstances is not affected. (Ord. 10474 § 14, 1992).
(King County 12 -2002)
HISTORIC PRESERVATION ORDINANCE
Section 1 Purpose
Section 2 Title
Section 3 Definitions
Section 4 Historic Commission
Section 5 Register of Historic Places
Section 6 Review of Changes to Register Properties
Section 7 Review and Monitoring of Properties for Special Property Tax Valuation
SECTION 1. PURPOSE
The purpose of this ordinance is to provide for the identification, evaluation, designation, and protection of
designated historic and prehistoric resources within the boundaries of [LOCAL
GOVERNMENT] and preserve and rehabilitate eligible historic properties within the
[LOCAL GOVERNMENT] for future generations through special valuation, a property tax incentive, as
provided in Chapter 84.26 RCW in order to:
A. Safeguard the heritage of the [CITY /COUNTY] as represented by those buildings,
districts, objects, sites and structures which reflect significant elements of the
[LOCAL GOVERNMENT] history;
B. Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of
identity based on the [LOCAL GOVERNMENT] history;
C. Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and
objects;
D. Assist, encourage and provide incentives to private owners for preservation, restoration, redevelopment
and use of outstanding historic buildings, districts, objects, sites and structures;
E. Promote and facilitate the early identification and .resolution of conflicts between preservation of
historic resources and alternative land uses; and,
F. Conserve valuable material and energy resources by ongoing use and maintenance of the existing built
environment.
SECTION 2. SHORT TITLE
The following sections shall be known and may be cited as the "historic preservation ordinance of
[LOCAL GOVERNMENT]."
SECTION 3. DEFINITIONS
The following words and terms when used in this ordinance shall mean as follows, unless a different meaning
clearly appears from the context:
A. " [LOCAL GOVERNMENT] Historic Inventory" or "Inventory' means the
comprehensive inventory of historic and prehistoric resources within the boundaries of the
[LOCAL GOVERNMENT].
B. " [LOCAL GOVERNMENT] Historic Preservation Commission" or "Commission" means
the commission created by Section _ herein.
C. " [LOCAL GOVERNMENT] Register of Historic Places ", "Local Register ", or "Register"
means the listing of locally designated properties provided for in Section _ herein.
DRAFT HISTORIC PRESERVATION ORDINANCE
Page I of 11
D. "Actual Cost of Rehabilitation" means costs incurred within twenty-four months prior to the date of
application and directly resulting from one or more of the following: a) improvements to an existing
building located on or within the perimeters of the original structure; or b) improvements outside of but
directly attached to the original structure which are necessary to make the building fully useable but
shall not include rentable/habitable floor -space attributable to new construction; or c) architectural and
engineering services attributable to the design of the improvements; or d) all costs defined as "qualified
rehabilitation expenditures" for purposes of the federal historic preservation investment tax credit.
E. A "building" is a structure constructed by human beings. This includes both residential and
nonresidential buildings, main and accessory buildings.
F. "Certificate of Appropriateness" means the document indicating that the commission has reviewed the
proposed changes to a local register property or within a local register historic district and certified the
changes as not adversely affecting the historic characteristics of the property which contribute to its
designation.
G. "Certified Local Government" or "CLG" means the designation reflecting that the local government has
been jointly certified by the State Historic Preservation Officer and the National Park Service as having
established its own historic preservation commission and a program meeting Federal and State
standards.
H. "Class of properties eligible to apply for Special Valuation in [LOCAL
GOVERNMENT]" means [ALL /IDENTIFY SELECTED TYPES] properties listed on
the National Register of Historic Places or certified as contributing to a National Register Historic
District which have been substantially rehabilitated at a cost and within a time period which meets the
requirements set forth in Chapter 84.26 RCW, until [LOCAL
GOVERNMENT] becomes a Certified Local Government (CLG). Once a CLG, the class of properties
eligible to apply for Special Valuation in [LOCAL GOVERNMENT]
means only [ALL /IDENTIFY SELECTED TYPES] properties listed on
the [LOCAL/LOCAL AND NATIONALNATIONAL] Register of
Historic Places or properties certified as contributing to an
[LOCAL/LOCAL AND NATIONALNATIONAL] Register Historic District which have been
substantially rehabilitated at a cost and within a time period which meets the requirements set forth in
Chapter 84.26 RCW.
I. "Cost" means the actual cost of rehabilitation, which cost shall be at least twenty-five percent of the
assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior
to rehabilitation.
J. A "district" is a geographically definable area urban or rural, small or large— possessing a significant
concentration, linkage, or continuity of sites buildings, structures, and/or objects united by past events
or aesthetically by plan or physical development.
K. "Emergency repair" means work necessary to prevent destruction or dilapidation to real property or
structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other
disaster.
L. "Historic property" means real property together with improvements thereon, except property listed in a
register primarily for objects buried below ground, which is listed in a local register of a Certified Local
Government or the National Register of Historic Places.
M. "Incentives" are such rights or privileges or combination thereof which the
[CITY /COUNTY] Council, or other local, state, or federal public body or agency, by virtue of
applicable present or future legislation, may be authorized to grant or obtain for the owner(s) of
Register properties. 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, beneficial placement of public
DRAFT HISTORIC PRESERVATION ORDINANCE
Page 2 of 11
improvements or amenities, or the like.
N. "Local Review Board ", or "Board" used in Chapter 84.26 RCW and Chapter 254 -20 WAC for the
special valuation of historic properties means the commission created in Section _ herein.
O. "National Register of Historic Places" means the national listing of properties significant to our cultural
history because of their documented importance to our history, architectural history, engineering, or
cultural heritage.
P. An "object" is a thing of functional, aesthetic, cultural, historical, or scientific value that may be, by
nature or design, movable yet related to a specific setting or environment.
Q. "Ordinary repair and maintenance" means work for which a permit issued by the
[LOCAL GOVERNMENT] is not required by law, and where the purpose and effect of such work is to
correct any deterioration or decay of or damage to the real property or structure appurtenance therein
and to restore the same, as nearly as may be practicable, to the condition prior to the occurrence of such
deterioration, decay, or damage.
R. "Owner" of property is the fee simple owner of record as exists on the [NAME OF
COUNTY] County Assessor's records.
S. "Significance" or "significant" used in the context of historic significance means the following: a
property with local, state, or national significance is one which helps in the understanding of the history
or prehistory of the local area, state, or nation (whichever is applicable) by illuminating the local,
statewide, or nationwide impact of the events or persons associated with the property, or its
architectural type or style in information potential. The local area can include
[NAME OF CITY/TOWN], [NAME OF COUNTY], or [NAME OF
REGION (e.g. southwest)] Washington, or a modest geographic or cultural area, such as a
neighborhood. Local significance may apply to a property that illustrates a theme that is important to
one or more localities; state significance to a theme important to the history of the state; and national
significance to property of exceptional value in representing or illustrating an important theme in the
history of the nation.
T. A "site" is a place where a significant event or pattern of events occurred. It may be the location of
prehistoric or historic occupation or activities that may be marked by physical remains; or it may be the
symbolic focus of a significant event or pattern of events that may not have been actively occupied. A
site may be the location of ruined or now non -extant building or structure of the location itself
possesses historic cultural or archaeological significance.
U. "Special Valuation for Historic Properties" or "Special Valuation" means the local option program
which when implemented makes available to property owners a special tax valuation for rehabilitation
of historic properties under which the assessed value of an eligible historic property is determined at a
rate that excludes, for up to ten years, the actual cost of the rehabilitation. (Chapter 84.26 RCW).
V. "State Register of Historic Places" means the state listing of properties significant to the community,
state, or nation but which may or may not meet the criteria of the National Register.
W. A "structure" is a work made up of interdependent and interrelated parts in a definite pattern of
organization. Generally constructed by man, it is often an engineering project.
X. "Universal Transverse Macerator" or "UTM" means the grid zone in metric measurement providing for
an exact point of numerical reference.
Y. "Waiver of a Certificate of Appropriateness" or "Waiver" means the document indicating that the
commission has reviewed the proposed whole or partial demolition of a local register property or in a
local register historic district and failing to find alternatives to demolition has issued a waiver of a
Certificate of Appropriateness which allows the building or zoning official to issue a permit for
DRAFT HISTORIC PRESERVATION ORDINANCE
Page 3 of 11
demolition.
Z. "Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic
Properties" or "State Advisory's Council's Standards" means the rehabilitation and maintenance
standards used by the [LOCAL GOVERNMENT] Historic Preservation
Commission as minimum requirements for determining whether or not an historic property is eligible
for special valuation and whether or not the property continues to be eligible for special valuation once
it has been so classified.
SECTION 4. HISTORIC COMMISSION
A. Creation and Size
There is hereby established a [LOCAL GOVERNMENT] Historic Preservation Commission,
consisting of [5 - 15] members, as provided in subsection — below. Members of the
[LOCAL GOVERNMENT] Historic Preservation Commission shall be appointed by the
[TITLE OF CHIEF LOCAL ELECTED OFFICIAL] and approved by the [CITY /COUNTY]
Council and shall be residents of the [CITY /COUNTY], except as provided in subsection
below.
B. Composition of the Commission
1. All members of the commission must have a demonstrated interest and competence in historic
preservation and possess qualities of impartiality and broad judgement.
2. The commission shall always include at least [INDICATE NUMBER] professionals who
have experience in identifying, evaluating, and protecting historic resources and are selected from
among the disciplines of architecture, history, architectural history, planning, prehistoric and historic
archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture, or
related disciplines [CHOOSE ONE, SEVERAL, OR ALL DISCIPLINES]. The commission action that
would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the
professional positions, unless the commission action is related to meeting Certified Local Government
(CLG) responsibilities cited in the Certification Agreement between the [TITLE OF
CHIEF LOCAL ELECTED OFFICIAL] and the State Historic Preservation Officer on behalf of the
State. Furthermore, exception to the residency requirement of commission members may be granted by
the [TITLE OF CHIEF LOCAL ELECTED OFFICIAL] and
[CITY /COUNTY] Council in order to obtain representatives from these disciplines.
3. In making appointments, the [TITLE OF CHIEF LOCAL ELECTED OFFICIAL]
may consider names submitted from any source, but the [TITLE OF CHIEF
LOCAL ELECTED OFFICIAL] shall notify history and [CITY /COUNTY] development
related organizations of vacancies so that names of interested and qualified individuals may be
submitted by such organizations for consideration along with names from any other source.
C. Terms
The original appointment of members to the commission shall be as follows (this example is for a
commission of seven): three (3) for two (2) years, two (2) for three (3) years; and two (2) for four (4) years.
Thereafter, appointments shall be made for a three (3) year term. Vacancies shall be filled by the
[TITLE OF CHIEF LOCAL ELECTED OFFICIAL] for the unexpired term in the same
manner as the original appointment.
D. Powers and Duties
The major responsibility of the Historic Preservation Commission is to identify and actively encourage the
conservation of the [CITY'S /COUNTY'S] historic resources by initiating and
maintaining a register of historic places and reviewing proposed changes to register properties; to raise
community awareness of the [CITY'S /COUNTY'S] history and historic resources; and to
DRAFT HISTORIC PRESERVATION ORDINANCE
Page 4 of 11
serve as the [CITY'S /COUNTY'S] primary resource in matters of history, historic planning,
and preservation.
In carrying out these responsibilities, the Historic Preservation Commission shall engage in the following:
1. Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the
[LOCAL GOVERNMENT] and known as the [LOCAL GOVERNMENT]
Historic Inventory, and publicize and periodically update inventory results. Properties listed on the
inventory shall be recorded on official zoning records with an "HI" (for historic inventory designation).
This designation shall not change or modify the underlying zone classification.
2. Initiate and maintain the [LOCAL GOVERNMENT] Register of Historic Places. This
official register shall be compiled of buildings, structures, sites, objects, and districts identified by the
commission as having historic significance worthy of recognition and protection by the
[LOCAL GOVERNMENT] and encouragement of efforts by owners to maintain, rehabilitate, and
preserve properties.
3. Review nominations to the [LOCAL GOVERNMENT] Register of Historic Places
according to criteria in Section of this ordinance and adopt standards in its rules to be used to
guide this review.
4. Review proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect
properties or districts on the register as provided in Section ; and adopt standards in its rules to be
used to guide this review and the issuance of a certificate of appropriateness or waiver.
5. Provide for the review either by the commission or its staff of all applications for approvals, permits,
environmental assessments or impact statements, and other similar documents pertaining to identified
historic resources or adjacent properties.
6. Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act,
to provide for adequate public participation and adopt standards in its rules to guide this action.
7. Participate in, promote and conduct public information, educational and interpretive programs
pertaining to historic and prehistoric resources.
8. Establish liaison support, communication and cooperation with federal, state, and other local
government entities which will further historic preservation objectives, including public education,
within the [LOCAL GOVERNMENT] area.
9. Review and comment to the [CITY /COUNTY] Council on land use, housing and
redevelopment, municipal improvement and other types of planning and programs. undertaken by any
agency of the [LOCAL GOVERNMENT], other neighboring communities, the
[COUNTY], the state or federal governments, as they relate to historic resources of the
[LOCAL GOVERNMENT].
10. Advise the [CITY /COUNTY] Council and the Chief Local Elected Official generally
on matters of [LOCAL GOVERNMENT] history and historic preservation.
11. Perform other related functions assigned to the Commission by the [CITY /COUNTY].
Council or the Chief Local Elected Official.
12. Provide information to the public on methods of maintaining and rehabilitating historic properties.
This may take the form of pamphlets, newsletters, workshops, or similar activities.
13. Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts,
and new construction in historic areas; and encourage appropriate measures for such recognition.
14. Be informed about and provide information to the public and [CITY /COUNTY]
departments on incentives for preservation of historic resources including legislation, regulations and
codes which encourage the use and adaptive reuse of historic properties.
15. Review nominations to the State and National Registers of Historic Places.
16. Investigate and report to the [CITY /COUNTY] Council on the use of various federal,
state, local or private funding sources available to promote historic resource preservation in the
[LOCAL GOVERNMENT].
17. Serve as the local review board for Special Valuation and:
a) Make determination concerning the eligibility of historic properties for special valuation;
b) Verify that the improvements are consistent with the Washington State Advisory Council's
Standards for Rehabilitation and Maintenance:
C) Enter into agreements with property owners for the duration of the special valuation period as
required under WAC 254 -20- 070(2);
DRAFT HISTORIC PRESERVATION ORDINANCE
Page 5 of 11
d) Approve or deny applications for special valuation;
e) Monitor the property for continued compliance with the agreement and statutory eligibility
requirements during the 10 year special valuation period; and
f) Adopt bylaws and/or administrative rules and comply with all other local review board
responsibilities identified in Chapter 84.26 RCW.
18. The commission shall adopt rules of procedure to address items 3, 4, 6, and 18 inclusive.
E. Compensation
All members shall serve [WITH /WITHOUT] compensation.
F. Rules and Officers
The commission shall establish and adopt its own rules of procedure, and shall select from among its
membership a chairperson and such other officers as may be necessary to conduct the commission's
business.
G. Commission Staff
Commission and professional staff assistance shall be provided by the [TITLE OF
LOCAL GOVERNMENT PERSONNEL OR INDICATE USE OF A QUALIFIED CONSULTANT] with
additional assistance and information to be provided by other [CITY /COUNTY] departments as
may be necessary to aid the commission in carrying out its duties and responsibilities under this ordinance.
SECTION 5. REGISTER OF HISTORIC PLACES
A. Criteria for Determining Designation in the Register
Any building, structure, site, object, or district may be designated for inclusion in the
[NAME OF LOCAL REGISTER] if it is significantly associated with the history, architecture,
archaeology, engineering, or cultural heritage of the community; if it has integrity; is at least 50 years
old, or is of lesser age and has exceptional importance; and if it falls in at least one of the following
categories. [SELECT ANY OR ALL OF THE CATEGORIES AND INCLUDE ADDITIONAL
CATEGORIES IF DESIRED]
1. Is associated with events that have made a significant contribution to the broad patterns of
national, state, or local history.
2. Embodies the distinctive architectural characteristics of a type, period, style, or method of
design or construction, or represents a significant and distinguishable entity whose
components may lack individual distinction.
3. Is an outstanding work of a designer, builder, or architect who has made a substantial
contribution to the art.
4. Exemplifies or reflects special elements of the [CITY'S /COUNTY'S] cultural,
special, economic, political, aesthetic, engineering, or architectural history.
5. Is associated with the lives of persons significant in national, state, or local history.
6. Has yielded or may be likely to yield important archaeological information related to history
or prehistory.
7. Is a building or structure removed from its original location but which is significant primarily
for architectural value, or which is the only surviving structure significantly associated with an
historic person or event.
8. Is a birthplace or grave of an historical figure of outstanding importance and is the only
surviving structure or site associated with that person.
9. Is a cemetery which derives its primary significance from age, from distinctive design
features, or from association with historic events, or cultural patterns.
10. Is a reconstructed building that has been executed in an historically accurate manner on the
original site.
DRAFT HISTORIC PRESERVATION ORDINANCE
Page 6 of 11
11. Is a creative and unique example of folk architecture and design created by persons not
formally trained in the architectural or design professions, and which does not fit into formal
architectural or historical categories.
B. Process for Designating Properties or Districts to the
[NAME OF LOCAL REGISTER]
1. [ONLY PROPERTY OWNERS/
COMMISSION MEMBERS /ANY PERSON] may nominate a building, structure, site, object,
or district for inclusion in the [NAME OF LOCAL REGISTER]. Members of the
Historic Preservation Commission or the commission as a whole may generate nominations.
In its designation decision, the commission shall consider the [NAME OF
INVENTORY] and the [CITY /COUNTY] Comprehensive Plan.
2. In the case of individual properties, the designation shall include the UTM reference and all
features — interior and exterior —and outbuildings that contribute to its designation.
3. In the case of districts, the designation shall include description of the boundaries of the
district; the characteristics of the district justifying its designation; and a list of all properties
including features, structures, sites, and objects contributing to the designation of the district.
4. The Historic Preservation Commission shall consider the merits of the nomination, according
to the criteria in Section _ and according to the nomination review standards established in
rules, at a public meeting. Adequate notice will be given to the public, the owner(s) and the
authors of the nomination, if different, and lessees, if any, of the subject property prior to the
public meeting according to standards for public meetings established in rules and in
compliance with Chapter 42.30 RCW, Open Public Meetings Act. Such notice shall include
publication in a newspaper of general circulation in , [LOCAL
GOVERNMENT] and any other form of notification deemed appropriate by
[LOCAL GOVERNMENT]. If the commission finds that the nominated property is eligible
for the [NAME OF LOCAL REGISTER], the commission [SHALL
LIST THE PROPERTY IN THE REGISTER/SHALL LIST THE PROPERTY IN THE
REGISTER WITH OWNER'S CONSENT/MAKE RECOMMENDATION TO THE
(City /County) COUNCIL THAT THE PROPERTY BE LISTED IN THE
REGISTER /MAKE RECOMMENDATION TO THE (City/County) THAT THE
PROPERTY BE LISTED IN THE REGISTER WITH OWNER'S CONSENT.] In the case of
historic districts, the commission shall consider [A SIMPLE MAJORITY OF PROPERTY
OWNERS/ PERCENTAGE OF PROPERTY OWNERS] to be adequate for owner
consent. Owner consent and notification procedures in the case of districts shall be further
defined in rules. The public, property owner(s) and the authors of the nomination, if different,
and lessees, if any, shall be notified of the listing.
5. Properties listed on the [NAME OF LOCAL REGISTER] shall be recorded on
official zoning records with an "HR" (for Historic Register) designation. This designation
shall not change or modify the underlying zone classification.
C. Removal of Properties from the Register
In the event that any property is no longer deemed appropriate for designation to the
[NAME OF LOCAL REGISTER], the commission may initiate removal from such designation by the
same procedure as provided for in establishing the designation, Section _. A property
[MAY/MAY NOT] be removed from the [NAME OF THE LOCAL REGISTER] without
the owner's consent.
D. Effects of Listing on the Register
1. Listing on the [NAME OF LOCAL REGISTER] is an honorary designation
denoting significant association with the historic, archaeological, engineering, or cultural
heritage of the community. Properties are listed individually or as contributing properties to
an historic district.
2. Prior to the commencement of any work on a register property, excluding ordinary repair and
DRAFT HISTORIC PRESERVATION ORDINANCE
Page 7 of 11
maintenance and emergency measures defined in Section , the owner must request and
receive a Certificate of Appropriateness from the commission for the proposed work.
Violation of this rule shall be grounds for the commission to review the property for removal
from the register.
3. Prior to whole or partial demolition of a register property, the owner must request and receive
a waiver of a Certificate of Appropriateness.
4. Once [NAME OF THE LOCAL GOVERNMENT] is certified as a Certified Local
Government (CLG), [ALL/IDENTIFY SELECTED TYPES] properties
listed on the [NAME OF LOCAL REGISTER] may be eligible for Special Tax
Valuation on their rehabilitation (Section __).
SECTION 6. REVIEW OF CHANGES TO
REGISTER OF HISTORIC PLACES PROPERTIES
A. Review Required
No person shall change the use, construct any new building or structure, or reconstruct, alter, restore,
remodel, repair, move, or demolish any existing property on the [NAME OF LOCAL
REGISTER] or within an historic district on the [NAME OF LOCAL REGISTER]
without review by the commission and without receipt of a Certificate of Appropriateness, or in the case of
demolition, a waiver, as a result of the review.
The review shall apply to all features of the property, interior and exterior, that contribute to its designation
and are listed on the nomination form. Information required by the commission to review the proposed
changes are established in rules.
B. Exemptions
The following activities do not require a Certificate of Appropriateness or review by the commission:
ordinary repair and maintenance —which includes painting —or emergency measures defined in Section
C. Review Process
1. Reauests for Review and Issuance of a Certificate of Appropriateness or Waiver
The building or zoning official shall report any application for a permit to work on a designated
[NAME OF LOCAL REGISTER] Register property or in a [NAME OF
LOCAL REGISTER] historic district to the commission. If the activity is not exempt from review, the
commission or professional staff shall notify the applicant of the review requirements. The building or
zoning official shall not issue any such permit until a Certificate of Appropriateness or a waiver is
received from the commission but shall work with the commission in considering building and fire
code requirements.
2. Commission Review
The owner or his/her agent (architect, contractor, lessee, etc.) shall apply to the commission for a
review of proposed changes on a [NAME OF LOCAL REGISTER] property or within a
[NAME OF LOCAL REGISTER] historic district and request a Certificate of
Appropriateness or, in the case of demolition, a waiver. Each application for review of proposed
changes shall be accompanied by such information as is required by the commission established in its
rules for the proper review of the proposed project.
The commission shall meet with the applicant and review the proposed work according to the design
review criteria established in rules. Unless legally required, there shall be no notice, posting, or
publication requirements for action on the application, but all such actions shall be made at regular
meetings of the commission. The commission shall complete its review and make its recommendations
within thirty (30) calendar days of the date of receipt of the application. If the commission is unable to
process the request, the commission may ask for an extension of time.
DRAFT HISTORIC PRESERVATION ORDINANCE
Page 8 of 11
The commission's recommendations shall be in writing and shall state the findings of fact and reasons
relied upon in reaching its decision. Any conditions agreed to by the applicant in this review process
shall become conditions of approval of the permits granted. If the owner agrees to the commission's
recommendations, a Certificate of Appropriateness shall be awarded by the commission according to
standards established in the commission's rules.
The commission's recommendations and, if awarded, the Certificate of Appropriateness shall be
transmitted to the building or zoning official. If a Certificate of Appropriateness is awarded, the
building or zoning official may then issue the permit.
3. Demolition
A waiver of the Certificate of Appropriateness is required before a permit may be issued to allow whole
or partial demolition of a designated [NAME OF LOCAL REGISTER] property or in a
[NAME OF LOCAL REGISTER] historic district. The owner or his/her agent shall
apply to the commission for a review of the proposed demolition and request a waiver. The applicant
shall meet with the commission in an attempt to find alternatives to demolition. These negotiations
may last no longer than 45 calendar days from the initial meeting of the commission, unless either party
requests an extension. If no request for an extension is made and no alternative to demolition has been
agreed to, the commission shall act and advise the official in charge of issuing a demolition permit of
the approval or denial of the waiver of a Certificate of Appropriateness. Conditions in the case of
granting a demolition permit may include allowing the commission up to 45 additional calendar days to
develop alternatives to demolition. When issuing a waiver the board may require the owner to mitigate
the loss of the [NAME OF LOCAL REGISTER] property by means determined by the
commission at the meeting. Any conditions agreed to by the applicant in this review process shall
become conditions of approval of the permits granted. After the property is demolished, the
commission shall initiate removal of the property from the register.
4. Appeal of Approval or Denial of a Waiver of a Certificate of Appropriateness.
The commission's decision regarding a waiver of a Certificate of Appropriateness may be appealed to
the [CITY /COUNTY] Council within ten days. The appeal must state the grounds upon
which the appeal is based.
The appeal shall be reviewed by the council only on the records of the commission. Appeal of
Council's decision regarding a waiver of a Certificate of Appropriateness may be appealed to Superior
Court.
SECTION 7. REVIEW AND MONITORING OF PROPERTIES
FOR SPECIAL PROPERTY TAX VALUATION
A. Time Lines
I . Applications shall be forwarded to the commission by the assessor within 10 calendar days of filing.
2. Applications shall be reviewed by the commission before December 31 of the calendar year in which
the application is made.
3. Commission decisions regarding the applications shall be certified in writing and filed with the assessor
within 10 calendar days of issuance.
B. Procedure
The assessor forwards the application(s) to the commission.
The commission reviews the application(s), consistent with its rules of procedure, and determines if the
application(s) are complete and if the properties meet the criteria set forth in WAC 254 -20- 070(1) and
listed in Section _ of this ordinance.
a. If the commission finds the properties meet all the criteria, then, on behalf of the
[LOCAL GOVERNMENT], it enters into an Historic Preservation Special Valuation
Agreement (set forth in WAC 254 -20 -120 and in Section — of this ordinance) with the
owner. Upon execution of the agreement between the owner and commission, the
commission approves the application(s).
DRAFT HISTORIC PRESERVATION ORDINANCE
Page 9 of 11
b. If the commission determines the properties do not meet all the criteria, then it shall deny the
application(s).
3. The commission certifies its decisions in writing and states the facts upon which the approvals or
denials are based and files copies of the certifications with the assessor.
4. For approved applications:
a. The commission forwards copies of the agreements, applications, and supporting
documentation (as required by WAC 254 -20 -090 (4) and identified in Section _ of this
ordinance) to the assessor,
b. Notifies the state review board that the properties have been approved for special valuation,
and
C. Monitors the properties for continued compliance with the agreements throughout the 10 -year
special valuation period.
5. The commission determines, in a manner consistent with its rules of procedure, whether or not
properties are disqualified from special valuation either because of
a. The owner's failure to comply with the terms of the agreement or
b. Because of a loss of historic value resulting from physical changes to the building or site.
6. For disqualified properties, in the event that the commission concludes that a property is no longer
qualified for special valuation, the commission shall notify the owner, assessor, and state review board
in writing and state the facts supporting its findings.
C. Criteria
Historic Property Criteria:
The class of historic property eligible to apply for Special Valuation in
[LOCAL GOVERNMENT] means [ALUIDENTIFY SELECTED TYPES] properties
listed on the National Register of Historic Places or certified as contributing to a National Register
Historic District which have been substantially rehabilitated at a cost and within a time period which
meets the requirements set forth in Chapter 84.26 RCW, until [LOCAL
GOVERNMENT] becomes a Certified Local Government (CLG). Once a CLG, the class of property
eligible to apply for Special Valuation in [LOCAL GOVERNMENT]
means [ONLY] [ALUIDENTIFY SELECTED TYPES] properties
listed on the [LOCAULOCAL AND NATIONAUNATIONAL]
Register of Historic Places or properties certified as contributing to an
[LOCAULOCAL AND NATIONALNATIONAL] Register Historic District which have been
substantially rehabilitated at a cost and within a time period which meets the requirements set forth in
Chapter 84.26 RCW.
2. Application Criteria:
Complete applications shall consist of the following documentation:
a. A legal description of the historic property,
b. Comprehensive exterior and interior photographs of the historic property before and after
rehabilitation,
C. Architectural plans or other legible drawings depicting the completed rehabilitation work, and
d. A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to
the date of application and the period of time during which the work was performed and
documentation of both to be made available to the commission upon request, and
e. For properties located within historic districts, in addition to the standard application
documentation, a statement from the secretary of the interior or appropriate local official, as
specified in local administrative rules or by the local government, indicating the property is a
certified historic structure is required.
Property Review Criteria:
In its review the commission shall determine if the properties meet all the following criteria:
a. The property is historic property;
b. The property is included within a class of historic property determined eligible for Special
Valuation by the [LOCAL GOVERNMENT] under Section
of this ordinance;
DRAFT HISTORIC PRESERVATION ORDINANCE
Page 10 of 11
C. The property has been rehabilitated at a cost which meets the definition set forth in RCW
84.26.020(2) (and identified in Section — of this ordinance) within twenty -four months
prior to the date of application; and d. The property has not been altered in any way which
adversely affects those elements which qualify it as historically significant as determined by
applying the Washington State Advisory Council's Standards for the Rehabilitation and
Maintenance of Historic Properties (WAC 254 -20- 100(1) and listed in Section _ of this
ordinance).
4. Rehabilitation and Maintenance Criteria:
The Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of
Historic Properties in WAC 254 -20 -100 shall be used by the commission as minimum requirements for
determining whether or not an historic property is eligible for special valuation and whether or not the
property continues to be eligible for special valuation once it has been so classified.
D. Agreement:
The historic preservation special valuation agreement in WAC 254 -20 -120 shall be used by the commission
as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2).
E. Appeals:
Any decision of the commission acting on any application for classification as historic property,
eligible for special valuation, may be appealed to Superior Court under Chapter 34.05.510 - 34.05.598
RCW in addition to any other remedy of law. Any decision on the disqualification of historic property
eligible for special valuation, or any other dispute, may be appealed to the County Board of
Equalization.
DRAFT HISTORIC PRESERVATION ORDINANCE
Page 11 of 11