Chapter 19.85 Protection and Preservation of Landmarks

Chapter 19.85
Protection and Preservation of Landmarks

19.85.010 Purpose.

The purposes of this chapter are to:

1. Designate, preserve, protect, enhance and perpetuate those sites, buildings, districts, structures, trees and objects which reflect significant elements of the city of Burien’s, the county’s, the state’s, and the nation’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 of Burien’s tourist industry by promoting heritage-related tourism;

5. Promote the continued use, exhibition and interpretation of significant sites, districts, buildings, structures, trees and objects for the education, inspiration, and welfare of the people of the city of Burien;

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, trees and objects;

8. Work cooperatively with other jurisdictions to identify, evaluate, and protect historic resources in furtherance of the purposes of this chapter. [Ord. 648 § 1, 2017; Ord. 567 § 1 (Exh. A), 2012, Ord. 545 § 1, 2010, Ord. 130 § 1, 1995]

19.85.020 King County Code Chapter 20.62 Adopted.

The following sections of Chapter 20.62 King County Code (KCC) are incorporated by reference herein and made a part of this chapter:

1. KCC 20.62.020 – Definitions, except as follows:

A. Paragraph H. is changed to read: ““Director” is the director of the city of Burien department of community development or his/her designee.”

B. Add paragraph Z: ““Council” is the city of Burien city council.”

C. Paragraph I. is changed to read: ““District” is a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, trees or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.”

D. Paragraph L. is changed to read: ““Historic resource” is a district site, building, structure, tree or object significant in national, state or local history, architecture, archaeology, and culture.”

2. KCC 20.62.040 – Designation Criteria, except all references to “King County” are changed to read “city of Burien.”

3. KCC 20.62.050 – Nomination Procedure, except that property owner written consent is required prior to King County acceptance of a nomination request.

4. KCC 20.62.070 – Designation Procedure, except all references to “King County” are changed to read “city of Burien.”

5. KCC 20.62.080 – Certificate of Appropriateness Procedure, except the last sentence of paragraph A thereof.

6. KCC 20.62.100 – Evaluation of Economic Impact, except as follows:

A. Paragraph B.8.c.(1) change to read “A report from a licensed engineer or architect with experience in historic restoration or rehabilitation, or an ISA Certified Arborist if the landmark is a Heritage tree, as to the structural soundness of the landmark and its suitability for restoration or rehabilitation”;

B. Add Paragraph B.8.c.(4) “For removal of a Heritage tree the testimony of ISA Certified arborist experienced in assessing tree health stating as to the tree’s current health and if it is or is not a potential danger needing to be removed.”

7. KCC 20.62.130 – Penalty for Violation of Section 20.62.080 (subsection (5) of this section).

8. KCC 20.62.140 – Special Valuation for Historic Properties except as follows:

A. Paragraph C change to read “All King County Landmarks designated and protected under this chapter shall be eligible for special valuation in accordance with chapter 84.26 RCW. Except Heritage trees are not eligible for special valuation consideration.”

9. Permit applications for changes to landmark properties shall not be considered complete unless accompanied by a certificate of appropriateness pursuant to subsection (5) of this section. Upon receipt of an application for a development proposal, which affects a King County landmark or an historic resource that has received a preliminary determination of significance as defined in subsection (1) of this section, the application circulated to the King County historic preservation officer shall be deemed an application for a certificate of appropriateness pursuant to subsection (5) of this section, if accompanied by the additional information required to apply for such certificate. [Ord. 648 § 1, 2017; Ord. 567 § 1 (Exh. A), 2012]

19.85.030 Landmarks Commission Created – Membership and Organization.

1. The King County Landmarks Commission (“Commission”), established pursuant to King County Code (KCC), Chapter 20.62, is hereby designated and empowered to act as the landmarks commission for the city of Burien pursuant to the provisions of this chapter.

2. The special member of the commission, provided for in Section 20.62.030 of the King County Code, 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 three-year term. Such special member shall serve until his or her successor is duly appointed and confirmed. 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, three-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 two 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. 648 § 1, 2017; Ord. 567 § 1 (Exh. A), 2012]

19.85.040 Review of Building and Related Permits.

The official responsible for the issuance of building and related permits shall promptly refer applications for permits which “affect” historic buildings, structures, objects, sites, districts, Heritage trees, 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. 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, Heritage trees, or districts. [Ord. 648 § 1, 2017; Ord. 567 § 1 (Exh. A), 2012]

19.85.050 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 appeal such decision pursuant to the procedures established for a Type 1 Decision in BMC 19.65.065.5 through 19.65.065.12.

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. 648 § 1, 2017; Ord. 567 § 1 (Exh. A), 2012]

19.85.060 Redesignation of Existing Landmarks.

All King County landmarks designated pursuant to the provisions of KCC 20.62 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 Burien landmarks. [Ord. 648 § 1, 2017; Ord. 567 § 1 (Exh. A), 2012]