Chapter 22.24
DESIGNATION PROCEDURES
Sections:
22.24.010 Preliminary designation to the Bothell register.
22.24.020 Contract agreement.
22.24.030 Findings of fact.
22.24.040 Notification of results.
22.24.050 Council action.
22.24.060 Appeal.
22.24.070 Effects of listing on the register.
22.24.080 Economic incentives.
22.24.090 Removal.
22.24.010 Preliminary designation to the Bothell register.
At a public meeting, the board shall take testimony concerning the nomination and, based on findings of fact, shall make a recommendation to the council as to the designation. The board may decide to:
A. Recommend approval of the designation of the property;
B. Recommend approval of the designation with conditions;
C. Deny designation of the property; or
D. Defer the consideration of the nomination to a continued public meeting or a public hearing, if necessary. (Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).
22.24.020 Contract agreement.
Any owner(s) who desire to have their property designated as an historic landmark shall enter into a contractual agreement with the city upon the approval of the city council. The owner(s) shall agree to appropriate management standards for the property, including those listed in BMC 22.28.010, in consideration for the board’s recommendation that the owner’s property be designated in the Bothell register. The contractual arrangement may include incentives as shall be available and determined appropriate. (Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).
22.24.030 Findings of fact.
After the public meeting, the board shall enter findings of fact with reference to the designation criteria. These findings of fact will be forwarded, along with the recommendation, to the council with the proposed contract. (Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).
22.24.040 Notification of results.
The community development department shall inform the owner(s) of board’s recommendation and reasons therefor and provide a copy of all materials forwarded to the council. The owner(s) shall also be notified of the necessity of applying for a certificate of appropriateness for action which would alter the property if the recommendation is for approval. All interested parties of record and all affected city agencies shall be informed of the preliminary designation and, if the recommendation is for approval, of any responsibilities they may have in regard to a certificate of appropriateness. The owner(s) shall be informed of any incentives which may be available for the maintenance of the property. (Ord. 1635 § 1, 1996; Ord. 1484 § 5, 1992; Ord. 1258 § 1, 1987).
22.24.050 Council action.
A. The council should act on the recommendation of the board within 30 days of the recommendation. Once a final decision is made, the community development department shall notify the board, the property owner and affected city agencies.
B. After a contractual agreement is executed, final designation shall be made and the property shall be placed upon the Bothell register of historic landmarks. Properties listed on the Bothell register of historic landmarks 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. (Ord. 1635 § 1, 1996; Ord. 1484 § 5, 1992; Ord. 1258 § 1, 1987).
22.24.060 Appeal.
The action of the city council approving or disapproving a designation to the historic register shall be final and conclusive unless within 10 days of the date of the decision the applicant or adverse party makes application to the superior court for a writ of certiorari, writ of prohibition or writ of mandamus. Upon granting the writ the city clerk shall prepare at the expense of the appellant, a certified copy of the record of the city and file the same with the clerk of the superior court under the cause number of the application for writ. (Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).
22.24.070 Effects of listing on the register.
Prior to the commencement of any work on a register property, excluding the exemptions listed in BMC 22.28.020, the owner must request a certificate of appropriateness from the board for the proposed work. Violation of this rule shall be grounds for the board to review the property for removal from the register. (Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).
22.24.080 Economic incentives.
When approving the contract between the property owner and the city, the city council shall have the power to authorize economic incentives and modifications to city regulations. These may include tax relief, certificate of zoning compliance and conditional use permit approval, easements, transfer of development rights, grants-in-aid, and the easing of building and zoning regulations. However, no such incentives or modifications shall cause any building or structure to be more hazardous, based on life safety, fire safety and sanitation, than the existing building. When any application is made for any necessary city permit or approval, all responsible city authorities shall attempt to give the application priority and shall reach their decisions with all possible speed. Once Bothell is certified as a certified local government, properties listed on the local register may be eligible for a special tax valuation on their rehabilitation. (Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).
22.24.090 Removal.
In the event that any property is no longer deemed appropriate for designation as an historic landmark, such designation may be removed by the same procedure as provided for establishing the designation, except that owner consent is not needed. (Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).