Chapter 22.28
CHANGES TO PROPERTY ON REGISTER OR INVENTORY
Sections:
22.28.010 Changes to properties on register – Changes to properties on inventory.
22.28.020 Exemptions from review requirements for register properties.
22.28.030 Requests for review and issuance of a certificate of appropriateness.
22.28.040 Transmittal of request.
22.28.050 Board review.
22.28.060 Demolition – Consideration of alternatives – Applicable process for properties on the historic register or within a district on the historic register – Applicable process for properties on the historic inventory but not on the register.
22.28.070 Appeal of certificate of appropriateness.
22.28.080 Appeal of council action.
22.28.010 Changes to properties on register – Changes to properties on inventory.
A. No person shall construct any new building or structure, or reconstruct, alter, restore, remodel, repair, move or demolish any existing property on the register or within an historic district on the register without review by the board 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 exterior features of the property that contribute to its designation.
B. Any proposal to demolish a property which is on the Bothell historic inventory but not on the register or within an historic district on the register shall not require a waiver of a certificate of appropriateness but shall be subject to the applicable regulations in BMC 22.28.060 through the permit review process. Any other change to a property which is on the inventory but not on the register or within an historic district on the register is not subject to the regulations in this chapter. (Ord. 1798 § 1, 2000; Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).
22.28.020 Exemptions from review requirements for register properties.
The following activities are exempt from review and a certificate of appropriateness:
A. Proposals to change the color of a building or structure;
B. Proposals to perform ordinary maintenance or repair;
C. Emergency repairs. (Ord. 1798 § 1, 2000; Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).
22.28.030 Requests for review and issuance of a certificate of appropriateness.
Any time the owner of property which is designated as an historic landmark submits an application to the city for an action requiring a certificate of appropriateness, a request shall be made to the board for review of the proposed action. The request may be made by the city agency charged with jurisdiction for permitting or denying the application or by the property owner prior to approaching the city. No permits which will affect a Bothell register property as listed in BMC 22.28.010 will be issued until a certificate of appropriateness or waiver has been issued. (Ord. 1798 § 1, 2000; Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).
22.28.040 Transmittal of request.
Copies of the request for a certificate of appropriateness and any supplemental information shall be forwarded to the board, property owner(s) and/or applicant and interested parties of record prior to the board meeting. (Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).
22.28.050 Board review.
At its next scheduled meeting, the board should review the request and decide whether to issue a certificate of appropriateness. The board shall transmit its findings to the appropriate administrator. Any conditions agreed to by the applicant in this review process shall become conditions of the approval of the permits granted. If the owner agrees to the board’s recommendations, a certificate of appropriateness shall be awarded by the board according to the standards established in the board’s rules. (Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).
22.28.060 Demolition – Consideration of alternatives – Applicable process for properties on the historic register or within a district on the historic register – Applicable process for properties on the historic inventory but not on the register.
A. Anyone applying for a demolition permit for a property on the historic register or within a district on the historic register, or for a property on the historic inventory but not on the historic register, shall prepare a report analyzing the following alternatives (listed in descending order of preference) as to their feasibility:
1. Redesigning the project to avoid any impact to the structure or its setting;
2. Incorporating the structure into the overall design of the project;
3. Converting the structure into another use (adaptive reuse);
4. Relocating the structure on the property;
5. Relocating the structure to another property;
6. Salvaging from the structure historically significant architectural features and building materials;
7. Documenting the structure as a whole and its individual architectural features in photographs, drawings, and/or text. Such documentation shall be submitted to, and archived by, the city.
The report shall consist of thorough, deliberative analyses of each of the alternatives, explaining why each alternative is or is not feasible.
B. Any application for a demolition permit for a property on the historic register or within an historic district on the register shall be referred to the landmark preservation board for consideration of a waiver of a certificate of appropriateness prior to any action on the demolition permit. Such waiver shall be processed as follows:
1. An applicant for a permit to demolish an historic landmark shall meet with the board in an attempt to find alternatives to demolition of the property. Alternatives to be considered include but are not limited to those identified in subsection (A) of this section. These negotiations may last no longer than 45 days from the initial meeting of the board, unless either party requests an extension.
2. If no such request for an extension is made and no alternative to demolition has been agreed to, the board 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 for demolition.
3. Conditions in the case of granting a demolition permit may include allowing the board up to 45 additional days to consider alternatives to demolition, including but not limited to the alternatives set forth in subsection (A) of this section.
4. When issuing a waiver, the board may require the landowner to mitigate the loss of the historic landmark by means determined by the board at the meeting.
5. After the property is demolished, the board shall initiate removal of the property from the register.
C. Any application for a demolition permit for a property on the historic inventory but not on the register shall be referred to the community development director for consideration of the analysis of alternatives and for determination as to which alternative is appropriate, prior to any action on the demolition permit. Such determination shall be part of the demolition permit process rather than a separate process, and shall be subject to all requirements of the demolition permit in accordance with BMC Title 11. The director shall encourage alternatives which preserve the historic structure or structures but shall have authority to require only the documentation of the structure as set forth in subsection (A)(7) of this section.
D. Subsequent to issuance of the waiver of certificate of appropriateness or the director’s determination, a demolition permit may be issued; provided, that a building permit has been issued for a new structure on the property occupied by the structure to be demolished; and provided further; that the applicant provides proof of construction financing for said new structure. In the case where a demolition permit is sought because the structure has deteriorated to the point where it has become a safety hazard, this subsection shall not apply.
E. No public funds shall be used to cause or contribute to the demolition of a property on the historic register, within an historic district on the register, or on the historic inventory unless and until all alternatives to demolition have been explored in accordance with this section. (Ord. 1798 § 1, 2000; Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).
22.28.070 Appeal of certificate of appropriateness.
The board’s decision granting, denying or waiving a certificate of appropriateness may be appealed to the council within 10 days of the board’s decision. The appeal must state the grounds upon which appeal is based. The appeal shall be reviewed by the council only on the records of the board. (Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).
22.28.080 Appeal of council action.
The action of the council ruling on the board’s decision on a certificate of appropriateness may be challenged only pursuant to the method set out in BMC 22.24.060. (Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).