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.

22.28.055    Zoning special exception.

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 a 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 a 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 a historic district on the register is not subject to the regulations in this chapter. (Ord. 2069 § 2 (Exh. B), 2011; 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. Materials used to perform such maintenance and repairs should replicate those present on the structure;

C.    Emergency repairs;

D.    Any property interior unless character-defining features of the interior or other applicable areas were specified in the landmark nomination. (Ord. 2069 § 2 (Exh. B), 2011; 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 a 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 register property as listed in BMC 22.28.010 will be issued until a certificate of appropriateness or waiver has been issued. (Ord. 2069 § 2 (Exh. B), 2011; 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. 2069 § 2 (Exh. B), 2011; 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. 2069 § 2 (Exh. B), 2011; Ord. 1635 § 1, 1996; Ord. 1258 § 1, 1987).

22.28.055 Zoning special exception.

A change to any use other than a use listed as permitted in the underlying zoning may be considered for a zoning special exception if all of the following criteria are met:

A.    The property is listed on the local historic register or within a district on the historic register.

B.    All proposed changes to the property have been approved by the board as being compatible with the historical designation of the property through the board’s certificate of appropriateness process, as detailed elsewhere in this chapter.

C.    The change in use is demonstrated as necessary to ensure that the historic nature of the property/district will be preserved, considering all uses allowed in the underlying zone.

D.    Zoning special exceptions are permitted, provided the community development director determines on a case-by-case basis that such use possesses no characteristics which would adversely impact surrounding neighborhoods, or that any potentially adverse characteristics can be adequately minimized and/or mitigated so as not to be materially detrimental to the community. Zoning special exceptions can vary widely in their characteristics, depending upon the type of use being sought. Accordingly, certain types of zoning special exception may require the imposition of extensive conditions to mitigate potential adverse impacts to the community, while others may not; in some cases, adequate mitigation of impacts may not be feasible, and a proposed zoning special exception consequently may not be allowed. The community development director shall therefore have the authority to approve, approve with conditions, or deny a request for a zoning special exception, after consideration of the performance criteria set forth herein.

1.    Process.

a.    A zoning special exception permit shall be required prior to the commencement of such a use.

b.    A zoning special exception permit is a Type II action and shall be processed accordingly, as set forth in BMC Title 11, Administration of Development Regulations, except that the community development director shall determine whether a pre-application conference shall be required. Proposed zoning special exception applications meeting the requirements for transportation concurrency review in accordance with Chapter 17.03 BMC shall obtain concurrency approval prior to a zoning special exception being approved. The permit fee for a zoning special exception shall be established by resolution of the city council.

2.    Performance Criteria.

a.    Parking Requirements.

(1)    The layout, design and sizing of parking areas shall be consistent with the requirements of Chapter 12.16 BMC;

(2)    Shared parking as provided for within BMC 12.16.040 may be used to satisfy the parking requirements;

(3)    No on-street parking shall be allowed.

b.    Architectural standards shall be addressed as part of the board’s certificate of appropriateness process, as specified elsewhere in this chapter.

c.    Landscaping Standards. Zoning special exception uses shall be required to install landscaping as required under Chapter 12.18 BMC. Modifications may be made by the community development director to match a specific historic-based landscape design, to preserve existing trees, or to ensure compatibility with the surrounding neighborhood.

d.    Other Structures. Outdoor recreation facilities such as decks, patios, or sports facilities shall be oriented away from adjacent detached residential properties. Exterior patios and decks shall be screened with landscaping and solid fencing at the discretion of the community development director.

e.    Lighting. Outdoor lighting fixtures for uses approved under the zoning special exception shall be directed away from single-family residences and kept as low in elevation as is consistent with providing adequate light levels for safety and security while minimizing the impact on single-family residences.

f.    Signage. Any signage associated with a zoning special exception shall comply with Chapter 12.22 BMC, Signs, except that the director shall have the authority to make minor modifications to Chapter 12.22 BMC as appropriate to ensure compatibility with the surrounding neighborhood.

g.    Hours of Operation. The director shall determine whether proposed hours of operation associated with a zoning special exception are compatible with the surrounding neighborhood and shall have the authority to modify any proposed hours of operation.

h.    The performance criteria detailed above are the minimum necessary to provide compatibility with surrounding neighborhoods. The community development director may require additional mitigation measures if they are deemed necessary to provide such compatibility. (Ord. 2069 § 2 (Exh. B), 2011).

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 within the city of Bothell or its planning area; or

6.    King and Snohomish County; or

7.    Washington State;

8.    Salvaging from the structure historically significant architectural features and building materials;

9.    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 a 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 a 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 that meets the criteria necessary to be listed on the local register (BMC 22.16.010) shall be referred to the board. At the next regularly scheduled meeting the board shall meet with the applicant in an attempt to find alternatives to demolition of the property. These negotiations may last no longer than 45 days unless both parties agree to an extension. If no alternative to demolition can be found, the board may take up to 45 additional days to develop mitigative measures (e.g., to encourage the landowner to salvage significant architectural features of the building) and to require documentation of the building as set forth in subsection (A)(9) of this section before the demolition permit is issued.

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