Chapter 19.285
PROTECTION AND PRESERVATION OF LANDMARKS
Sections:
19.285.020 King County Code Chapter 20.62 adopted.
19.285.030 Landmarks commission created – Membership and organization.
19.285.040 Application completeness.
19.285.050 Review of building and related permits.
19.285.070 Redesignation of existing landmarks.
19.285.010 Purpose.
The purposes of this chapter are to:
(1) Designate, preserve, protect, enhance, and perpetuate those sites, buildings, districts, structures and objects that reflect significant elements of the city’s cultural, aesthetic, social, economic, political, architectural, ethnic, archaeological, engineering, historic, and other heritage;
(2) Foster civic pride in the beauty and accomplishments of the past;
(3) Stabilize and improve the economic values and vitality of landmarks;
(4) Encourage, protect, and enhance the city’s tourist industry by promoting heritage-related tourism;
(5) 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 the city;
(6) Promote and continue incentives for ownership and utilization of landmarks;
(7) Assist, encourage and provide incentives to public and private owners for preservation, restoration, rehabilitation, and use of landmark buildings, sites, districts, structures, and objects;
(8) Work cooperatively with other jurisdictions to identify, evaluate, and protect historic resources in furtherance of the purposes of this chapter.
(Ord. No. 17-837, § 3, 7-5-17.)
19.285.020 King County Code Chapter 20.62 adopted.
As now or hereafter amended, the following sections of Chapter 20.62 King County Code (“KCC”) are adopted as amended, added to, or excepted in this chapter and are incorporated by reference:
(1) KCC 20.62.020, Definitions, except as follows:
(a) Subsection H is changed to read: “Director” is the director of the city of Federal Way community development department or designee.
(b) Add subsection Z: “Council” is the city of Federal Way city council.
(2) KCC 20.62.040, Designation Criteria, except all references to “King County” are changed to read “city of Federal Way.”
(3) KCC 20.62.050, Nomination Procedure, except:
(a) Property owner written consent is required prior to King County acceptance of a nomination request.
(b) The applicant shall provide one set of self-addressed, stamped business sized envelopes (with city of Federal Way return address) of persons receiving property tax statements for all properties within 300 feet of the subject property. Include a separate list of the addresses with their parcel numbers and an assessor’s map showing the 300-foot boundary.
(c) The hearing notice will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property.
(4) KCC 20.62.070, Designation Procedure, except all references to “King County” are changed to read “city of Federal Way.”
(5) KCC 20.62.080, Certificate of Appropriateness Procedure, except the last sentence of subsection A thereof.
(6) KCC 20.62.100, Evaluation of Economic Impact.
(7) KCC 20.62.130, Penalty for Violation of Section 20.62.080 (FWRC 19.285.020(5)).
(8) KCC 20.62.140, Special Valuation for Historic Properties.
(Ord. No. 17-837, § 3, 7-5-17.)
19.285.030 Landmarks commission created – Membership and organization.
(1) The King County landmarks commission (“commission”), established pursuant to Chapter 20.62 KCC, is hereby designated and empowered to act as the landmarks commission for the city of Federal Way pursuant to the provisions of this chapter.
(2) The special member of the commission, provided for in KCC 20.62.030, shall be appointed by the city council. Such special member shall have a demonstrated interest and competence in historic preservation. Such appointment shall be made for a five-year term. Such special member shall serve until his or her successor is duly appointed and confirmed by the city council. 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 five-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 three years of an unexpired term. The special member of the commission shall serve without compensation.
(3) The commission shall file its rules and regulations, including procedures consistent with this chapter, with the city clerk.
(Ord. No. 17-837, § 3, 7-5-17.)
19.285.040 Application completeness.
Permit applications for changes to landmark properties shall not be considered complete unless accompanied by a certificate of appropriateness pursuant to KCC 20.62.080. Upon receipt of an application for a development proposal which affects a Federal Way landmark or a historic resource that has received a preliminary determination of significance as defined in KCC 20.62.080, the application circulated to the King County historic preservation officer shall be deemed an application for a certificate of appropriateness pursuant to KCC 20.62.080, if accompanied by the additional information required to apply for such certificate.
(Ord. No. 17-837, § 3, 7-5-17.)
19.285.050 Review of building and related permits.
The official responsible for the issuance of building and related permits shall promptly refer applications for permits that “affect” historic buildings, structures, objects, sites, districts, or archaeological sites to the King County historic preservation officer (“HPO”) for review and comment.
For the purposes of this section, “affect” shall be defined as an application for change to the actual structure, on a property with a landmark structure or designated as a landmark property, or on an adjacent property sharing a common boundary line, or included in King County’s historic resources inventory. The responsible official shall seek and take into consideration the comments of the HPO regarding mitigation of any adverse effects affecting historic buildings, structures, objects, sites, or districts.
The official responsible for the issuance of building and related permits shall evaluate landmark nominations for consistency with the city’s comprehensive plan. Nominations inconsistent with the plan shall be denied. Nominations consistent with the plan shall be forwarded to HPO for review and comment.
(Ord. No. 17-837, § 3, 7-5-17.)
19.285.060 Appeal procedure.
(1) A party of record 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 of notice of such designation or rejection of nomination, or of such issuance or denial or approval of a certificate of appropriateness, appeal such decision pursuant to the procedures established for process IV review in Chapter 19.70 FWRC.
(2) If, after the appeal hearing, the hearing examiner determines:
(a) An error in fact was made by the commission, the hearing examiner shall remand the proceeding to the commission for reconsideration; or
(b) The decision of the commission is based on an error in judgment or conclusion, the hearing examiner may modify or reverse the decision of the commission.
(Ord. No. 17-837, § 3, 7-5-17.)
19.285.070 Redesignation of existing landmarks.
All King County landmarks designated pursuant to the provisions of Chapter 20.62 KCC that are in compliance with this chapter and that are located within the boundaries of the city shall be subject to the provisions of the ordinance codified in this chapter and considered city of Federal Way landmarks.
(Ord. No. 17-837, § 3, 7-5-17.)