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 and negotiated standards.

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. 2069 § 2 (Exh. B), 2011; Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).

22.24.020 Contract agreement.

Any owner(s) who desires to have their property designated as a 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 exterior of the property, including those listed in BMC 22.28.010, or to the interior of a register property if interior features were a contributing factor in the property’s designation, in consideration for the board’s recommendation that the owner’s property be designated in the Bothell register. The exterior of a property may include any significant outside features that contributed to the property’s listing, such as, but not limited to, outbuildings, garden features, etc. The contractual arrangement may include economic incentives and negotiated standards as specified in BMC 22.24.080. Design standards for historic districts shall be compiled as part of the designation process and be included in the contract agreement. (Ord. 2069 § 2 (Exh. B), 2011; 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. 2069 § 2 (Exh. B), 2011; Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).

22.24.040 Notification of results.

The community development department shall inform the owner(s) of the 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 exterior of the property if the recommendation is for approval, or to the interior of a register property if interior features were a contributing factor in the property’s designation. The exterior of a property may include any significant outside features that contributed to the property’s listing, such as, but not limited to, outbuildings, garden features, etc. 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. 2069 § 2 (Exh. B), 2011; 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. 2069 § 2 (Exh. B), 2011; 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 case number of the application for writ. (Ord. 2069 § 2 (Exh. B), 2011; 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 shall request a certificate of appropriateness from the board for the proposed work. No required building or other construction-level permits shall be issued by the city prior to issuance of a certificate of appropriateness. (Ord. 2069 § 2 (Exh. B), 2011; Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).

22.24.080 Economic incentives and negotiated standards.

In order to promote the preservation, restoration, and rehabilitation of historic landmarks, the city may grant property owners certain economic incentives and/or negotiate the relaxation or modification of certain land use or design standards. Opportunities include (but are not limited to):

A.    Properties on the register or within a historic district may apply for tax relief through the special property tax valuation, Chapter 22.32 BMC.

B.    Properties on the register or within a historic district may apply for a change of use through the zoning special exception, BMC 22.28.055.

C.    Properties on the register or within a historic district may be eligible, if requested by the private property owner, for relaxation of certain building code requirements through the application of the 2009 International Existing Building Code (IEBC). However, no such application shall cause any building or structure to be more hazardous, based on life safety, fire safety, and sanitation, than the existing building.

D.    Properties on the register or within a historic district may be eligible for further negotiation and flexibility in the easing of other building construction, design, and zoning regulations on a case-by-case basis. In such cases, the board may make a recommendation to the city council and the council should consider this information prior to determining whether to grant the requested action.

E.    Properties on the register or within a historic district may be eligible for certain grants. (Ord. 2069 § 2 (Exh. B), 2011; 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 a 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. 2069 § 2 (Exh. B), 2011; Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).