Chapter 15.76
HISTORIC PRESERVATION
Sections:
15.76.010 Purpose.
15.76.020 Landmarks and heritage commission.
15.76.030 Incorporation of King County provisions.
15.76.040 Appeal procedure.
15.76.050 Severability.
15.76.010 Purpose.
The purposes of this chapter are to:
A. Designate, preserve, protect, enhance, and perpetuate those sites, buildings, districts, structures and objects which reflect significant elements of Auburn’s, the county’s, state’s and nation’s cultural, aesthetic, social, economic, political, architectural, ethnic, archaeological, engineering, historic, and other heritage;
B. Foster civic pride in the beauty and accomplishments of the past;
C. Stabilize and improve the economic values and vitality of landmarks;
D. Promote heritage-related tourism;
E. Promote the continued use, exhibition and interpretation of significant sites, districts, buildings, structures and objects for the education, inspiration and welfare of the people of Auburn;
F. Promote and continue incentives for ownership and utilization of landmarks;
G. Assist, encourage and provide incentive to public and private owners for preservation, restoration, rehabilitation and use of landmark buildings, sites, districts, structures and objects;
H. Work cooperatively with other jurisdictions to identify, evaluate and protect historic resources in furtherance of the purposes of this chapter. (Ord. 5212 § 1 (Exh. M), 1999; Ord. 4733 § 2, 1995.)
15.76.020 Landmarks and heritage commission.
A. The King County landmarks and heritage commission established pursuant to King County Code (KCC), Chapter 20.62, is hereby designated and empowered to act as the landmarks commission for the city pursuant to the provisions of this chapter.
B. The special member of the King County landmarks and heritage commission provided for in KCC 20.62.030 shall be appointed by the mayor, subject to confirmation of the city council. Such special member shall be an Auburn resident who has a demonstrated interest in historic preservation. Such appointment shall be made for a three-year term.
In the event of a vacancy, an appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the remainder of the unexpired term. Such special member may be reappointed, but may not serve more than two consecutive three-year terms. Such special member shall be deemed to have served one full term if such special member resigns at any time after appointment or if such special member serves more than two years of an unexpired term.
The special members of the commission shall serve without compensation.
C. The commission shall not conduct any public hearings required under this chapter with respect to properties located within the city of Auburn until the commission’s rules and regulations, including procedures consistent with this chapter, have been filed with the city clerk. (Ord. 5212 § 1 (Exh. M), 1999; Ord. 4733 § 2, 1995.)
15.76.030 Incorporation of King County provisions.
The following sections of Chapter 20.62 KCC, which are attached to the ordinance codified in this chapter, are incorporated by reference the same as though they were set forth herein and made a part of this chapter:
A. KCC 20.62.020 – Definitions, except as follows:
1. Paragraph F is changed to read: “Council” is the Auburn city council.
2. Paragraph P is changed to read: “Manager” is the Auburn building official.
B. KCC 20.62.040 – Designation Criteria, except all references to “King County” are changed to read: “Auburn.”
C. KCC 20.62.050 – Nomination Procedure.
D. KCC 20.62.070 – Designation Procedure, except all references to “King County” are changed to read: “Auburn.”
E. KCC 20.62.080 – Certificate of Appropriateness Procedures, except the last sentence of paragraph A thereof.
F. KCC 20.62.100 – Evaluation of Economic Impact.
G. KCC 20.62.130 – Penalty for Violation of Section 20.62.080 (Paragraph E, above).
H. KCC 20.62.140 – Special Valuation for Historic Properties. (Ord. 5212 § 1 (Exh. M), 1999; Ord. 4733 § 2, 1995.)
15.76.040 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 35 calendar days of mailing notice of such designation or rejection of nomination, or of such issuance or denial or approval of a certificate of appropriateness, appeal such decision in writing to the hearing examiner pursuant to Chapter 18.66 ACC. The written notice of appeal shall be filed with the planning director and shall be accompanied by a statement setting forth the grounds for the appeal, supporting documents, and argument.
B. If, after examination of the written appeal and the record, the examiner determines that:
1. An error in fact may exist in the record, it shall remand the proceeding to the commission for reconsideration or, if the council determines that:
2. The decision of the commission is based on an error in judgment or conclusion, it may modify or reverse the decision of the commission.
C. The examiner’s decision shall be based solely upon the record; provided, that the examiner may at his or her discretion publicly request additional information of the appellant, the commission or the planning director.
D. The examiner shall take final action on any appeal from a decision of the commission by entering written findings of fact and conclusions of law from the record and reasons therefrom which support its action. The examiner may adopt all or portions of the commission’s findings and conclusions.
E. The decision of the examiner is final unless an appeal is filed pursuant to ACC 18.66.160. An appeal may also be filed by the King County landmarks and heritage commission to the planning director, who will forward the appeal to the city council.
F. The action of the city council sustaining, reversing, modifying or remanding a decision of the examiner shall be final unless within twenty calendar days from the date of the action an aggrieved person obtains a writ of certiorari from the superior court of King or Pierce County, state of Washington, for the purpose of review of the action taken. (Ord. 5212 § 1 (Exh. M), 1999; Ord. 4733 § 2, 1995.)
15.76.050 Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 5212 § 1 (Exh. M), 1999; Ord. 4733 § 2, 1995.)