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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